Mardy bailiff and CTAX LO

[chris600uk]

No, IMHO it won't.

 

Based on the premise that "there's one born every minute", they will continue to charge fantasy fees, and unlawful credit card charges to anyone that doesn't know their rights. Which I suspect is most people. Look at how the banks behaved and still behave.

[fwog]

Hi all,

 

A addendum to my original post.....

 

I had an outstanding bill for 3 years of CT. Paid the biggest bill before Christmas. Was charged for using a debit card by BS. Bailiff also over charged by £35. Phoned bailiff, they said deal with the council now its settled. Rang council. I said 'I have a payment plan for the two outstanding years,but I have been overcharged for the satisfied bill' they said send the letter in and we will take it from there. Ive sent the letter in, stating that I will proceed with a small claims procedure in 7 days if I dont receive a reply.

Guess what? no reply,and committal proceedings for the two outstanding years. Ive rang the council and explained Ive held the payments until I get an answer on the original letter. They said the letter (posted on the 5th jan,over 3 weeks ago) is still sitting in someone's in-box and will be dealt with. In the mean time I have to fill out a means questionnaire on the back of the letter and get it too them.

They have got the dates of the payments wrong too, I said £15 a month and they reckon its a week.

Any ideas anyone??????

 

Fwog

[chris600uk]

Just pay them at the rate you can afford - all they can do is either threaten to make you bankrupt which only works if you've got sufficient assets, or send the bailiffs back.

[fwog]

Just pay them at the rate you can afford - all they can do is either threaten to make you bankrupt which only works if you've got sufficient assets, or send the bailiffs back.

 

It just p***ed me off that they can bugger-up there own charges and not respond the my letter, but when the boots on the other foot Im expected to jump. Theyve had the letter for 3 weeks and it still hasnt been read FFS:evil:

I can afford to pay them but I thought I'd play their game and do everything legally, but when it come to playing the game it doesnt seem to work as they own the ball:?

 

Fwog

[fwog]

Hi

 

Had a nightmare Christmas with letters and visits from bailiffs.

Paid them in full.

 

After which, I questioned their right to:

 

 

1, Not use the correct name when serving paperwork.

 

2. Charge for use of debit card

 

This letter was posted nearly 3 months ago, Ive received a reply:confused: Does this look like typical bailiff twaddle? I thought they couldnt charge the fee, theyre saying that its ok as I've other options of payment?

 

Heres the letter...

 

 

We have been recently been forwarded a copy of your letter issued to our client, They have asked us to investigate and

respond to the queries you have raised.

 

The charge administered for making a payment by card is not charged in accordance with The

Council Tax (Administration and Enforcement) Regulations, 1992 as amended.

 

The only form of payment we have to accept by law is cash, within certain limits if offered via coin.

To provide the service of accepting other forms of payment we are entitled to make a charge and this

may include passing on charges we have to pay out to the merchant and costs incurred by our own

staff and resources. You may not agree with this charge but it does not make it incorrect.

 

In addition to the above, we would like to point out that you were made aware of the different types

of payment we accepted and yet you chose to make payment by card.

 

The bailiff in question does carry with him photographical identification and also the authority to act

on behalf of Nuneaton and Bedworth Borough Council.

 

After reviewing your account we are happy that we have acted correctly and in accordance with the

law and we will not be refunding to you any of the monies we have collected.

 

So what do you think?

 

Cheers for looking

 

Fwog

[Fair-Parking]

What a reply. This comes less than two years after I stood up in Warwickshire (Justice?) Centre in Nuneaton and made sure in a long and very uncompromising speech armed with supporting documentation and evidence that every embarrassed stoney faced council representative who attended that day was left in no illusion as what bailiffs do in their name.

 

They acted cringingly similar to the dog that has just been found to have stolen the meat, with not word of dissent or denial from any of them. They were also told in no uncertain terms that this has being going on for over 25 years and if they were unaware that this was happening before my lecture, they sure as hell had no excuse to allow it to continue afterwards.

 

In other words Nuneaton and Bedworth Council know damn well that bailiffs lie, cheat, defraud, intimidate and bully in their names. They just delude themselves into believing otherwise. Write back and tell them that they were made aware of lying, cheating bailiffs in a stern lecture delivered directly to their enforcement officers in the Warwickshire Justice Centre in June 2007.

 

I bet that they will countermand from the safety of their office that 'this is the first we have heard about it'.

 

So you know the letter you published here is not worth the paper it is written on

[fwog]

I'm not surprised they always get caught with their pants down,its not like their above the law/legislation.

I would have thought the bailiff company would have had the good sense to refund without an issue, might issue a small claims against NBBC.

 

Any other input out be appreciated,

 

Fwog

[pink_eeyore]

How much were you charged ? They can charge upto £1 per debit card transaction to cover 'reasonable costs'

[fwog]

They charged 4% which is £24, not a great deal but I queried the charges levied by the bailiff as well, debtline UK said these were £40 over, they seem to have overlooked that part of my letter. All in all, they are £64 adrift in their calculations, as the council have passed this letter on, it amazes me theyre so flippant. Maybe a letter to the ombudsman as well as small claims?

 

Fwog

[chris600uk]

No I don't think they are entitled to charge at all.

 

They aren't allowed to charge for VAT and credit cards, that's because there has been case law about it, which basically says that these are normal business expenses that they are not entitled to pass on to the debtor.

 

Debit cards would be exactly the same, it's just that I don't think a judge has come out and said it yet.

 

Like most good gamblers they play the odds, successfully, assuming that most people will just pay up if they bluff them that the charges are lawful.

[chris600uk]

Has anyone had any notification to this thread which includes pictures of Tinkerbell?

[chris600uk]

post says it's from someone called suukusepy but their post doesn't appear on the thread,

 

Any ideas anyone?

[fwog]

Has anyone had any notification to this thread which includes pictures of Tinkerbell?

 

You been on the sauce again ,Chris?

 

I have a copy on my Blackberry, it was spam, probably eliminated by the Mods before anyone realized.

Bit odd as I've never seen spam on here before:confused:

 

Thanks for the reply too;)

 

Fwog

[chris600uk]

You been on the sauce again ,Chris?

 

 

No, but I shall fix that right away !

 

I did click on tinkerbell, she didn't look like any fairy I've ever seen.

 

And I once had a job where I was, erm, advised to talk to the fairies.

 

Anyone who's ever worked on the southern part of the Isle of Man will know what I mean

[palomino]

And I once had a job where I was, erm, advised to talk to the fairies.

 

Anyone who's ever worked on the southern part of the Isle of Man will know what I mean

 

Aah, yes. A respectful nod as we go by...

[fwog]

Hi All,

 

It's me again

 

After paying one outstanding bill, the council have dug out another bill for £465. Its going to committal on the 6/8/09.

 

Just want to clarify a point Ive made before.

 

The bill is over 6 years old, I've been told in previous posts that they will keep chasing as its not statue barred.

Then on another post , Tommytubby said if its over 6 years it is statue barred?

I know council tax can be pursued indefinatly, but what's the standing on this before I take it further?

 

Thanks

 

Fwog

[scatz1972]

I found this thread by tomtubby which may be of some help to you

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/195735-council-tax-bill-over.html

 

I dont know if Tomtubby is able to receive pm's now, but perhaps it could be an idea to try her.

[fwog]

Thanks for the reply Skatz.

 

Im just a bit confused as to the reason the council too the debtor to court ?

If its discretionary, why do the council waste time? Or is the other post and exception to the rule?

I have called the council in the past and been informed they will go all the way

 

 

I just thought it was in black and white, not a grey area ,as this seems to be.

Will keep you updated.

 

Fwog

[sequenci]

Then on another post , Tommytubby said if its over 6 years it is statue barred?

 

It all depends on when the final demand for payment was served. The LA would then have six years to obtain a Liability Order. Once they have obtained the order then potentially they could chase for payment forever.

 

" Council Tax

The council should not go to the magistrates' court and ask for a liability order for Council Tax more than six years after the Council Tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.

 

Council Tax appears to be 'due' when the council sent a demand notice to you which may not be at the same time the Council Tax rate was set. It is important that you check when the demand was sent as this affects when the six year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out 'as soon as practicable' after the rate was set. "

[fwog]

It all depends on when the final demand for payment was served. The LA would then have six years to obtain a Liability Order. Once they have obtained the order then potentially they could chase for payment forever.

 

" Council Tax

The council should not go to the magistrates' court and ask for a liability order for Council Tax more than six years after the Council Tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.

 

Council Tax appears to be 'due' when the council sent a demand notice to you which may not be at the same time the Council Tax rate was set. It is important that you check when the demand was sent as this affects when the six year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out 'as soon as practicable' after the rate was set. "

 

Thanks sequenci,

 

The tax became 'due' in 2003. This demand came through the door on Monday. It has been issued before to a previous address and returned by bailiffs to the council in 2006.

so your saying as soon as the letter comes through my door (20/07/09) its then valid for 6 years from that point? (20/07/15)

 

Thanks again for all the input.

 

Fwog

[sequenci]

Thanks sequenci,

 

The tax became 'due' in 2003. This demand came through the door on Monday. It has been issued before to a previous address and returned by bailiffs to the council in 2006.

so your saying as soon as the letter comes through my door (20/07/09) its then valid for 6 years from that point? (20/07/15)

 

Thanks again for all the input.

 

Fwog

 

You need to find out when the actual year's council tax became due. This would be prior to Liability Order stage, it would be when the council make the original demand for full payment on you.

[fwog]

You need to find out when the actual year's council tax became due. This would be prior to Liability Order stage, it would be when the council make the original demand for full payment on you.

 

Hi Sequenci,

 

It was due for that year, full payment was requested end of 2003/beginning 2004.

 

Thanks

 

Fwog

[sequenci]

Hi Sequenci,

 

It was due for that year, full payment was requested end of 2003/beginning 2004.

 

Thanks

 

Fwog

 

When was the Liability Order made?

[fwog]

When was the Liability Order made?[/quote

 

Hi Sequenci,

 

I had moved from that address,so I assume the council made a liability order in my absence and had it returned (as I wasn't there).

Just a letter stating that their intentions to take me to court over this outstanding amount, I would think the liability order would be issued after?

 

At this stage its just a letter to say

 

'.......tough luck, we will be taking you to court on the 6/8/09'

 

Hope this is the information you require?

Cheers

 

Fwog

[fwog]

Bump

:D