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i emailed the suggested letter ,and will also mail a copy of it tomorrow i think im more angry and embarrassed (my friend is my work collegue i hope he doesnt say anything tomorrow to anyone) now than scared and panicky , i have to go to bed as i needd to be up very early and sort out my sons stuff in the morning ,meals clothes for him etc as my gf doesnt live here she is only visiting from canada and she wont be back till tomorrow .thank you for all your help .

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... I think im more angry ... now than scared and panicky ... as my gf doesnt live here ...

 

So, that'll be 'single parent family' to add to the list then. Glad you're more angry than scared. ;)

 

Best wishes and have a good restfull night.

Rae

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Hi,

Here is a Formal Complaint to the CEO of your council. As it is 2 A4 pages in length and contains formatting, it isn't possible to copy into a post. Please click on the MS Word document link.

You are not obliged to use it and feel free to amend as necessary. There may be some minor inaccuracies but I use the caveat that I can only draw on information posted in this thread...

Where [square brackets] are used, please delete and add the required information. The name of the CEO can usually be found on the council website or literature.

Replace XXX with the necessary data.

 

DO ensure you write 'private and confidential' on the envelope as there is a greater chance it will actually reach the CEOs PA.

Post it using signed for do not hand it in to a reception.

 

Hope it's ok - CEO complaints are always the most fun to write :)

 

Best wishes

Rae

vulnerable - CEO council complaint 11.doc

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he filled out the form when i run down to my friends house and left my gf here , i never signed thi inventory that he left .does levy mean items that he would have taken .if so

my sons tv he is blind and has a 38" plasma (not mine he saved his dla to buy it ) tv its the only size he can see even then he is 6" away from the screen,2 x reclining leather sofas,1 xwall cabinet with all my wifes antiques in them ,1 x tv cabinet , 1 x laptop 1 x grandfather clock (new style battery type belonged to my wife ) is that the levy .

i think all that would fetch more than the money he wanted to charge anyway.

Whoa!! the bailiff has over levied by the looks of it too. The whole purpose of a levy is to cover the cost of the bailiff fees and auction costs. His fees are totally wrong as well.

So basically the levy is invalid because he has listed your sons plasma TV.

The other items listed would more than cover the cost of the levy.

So invalid levy all you should be charged for is the one visit of £24.50.

I would be looking at getting back the extra that you paid, Which Im sure the bailiff would gladly give back NOT!!!!

Please get in touch with your local councilor, you can find their details on your councils website.

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There are a couple of other things that have sprung to mind.

 

1. With your sofas having been listed - a lot of auctions refuse to take items like these as there is a doubt of their being safe enough to sell because of fire safety regulations.

 

2. Don't hold your breath waiting for a quick response from the bailiffs.

 

PT

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PT - That's an excellent point!

 

I worked in the furnishing industry for 12years. All furniture containing fabric or foam MUST satisfy the relevant British Standard AND bear a label to that effect.

 

This document specificaly includes auctioneers as merchants subject to the regs.

 

http://www.bis.gov.uk/files/file24685.pdf

 

As the regs state, this applies to all fabric / foam bearing chairs, cushions etc...

 

EDIT - This is not the kind of 'technicality' bailiffs can ignore. Trading standards are not part of the 'gang' (bailiffs, police ,courts, barristers) and will do something about it.

 

To clarify - if you were to remove the compliance sticker from your soft furnishings, they cannot simply re-attach one, therefore they cannot sell it, therefore they cannot seize it!!!!!

Edited by Thegreenpimpernel
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PT - That's an excellent point!

 

I worked in the furnishing industry for 12years. All furniture containing fabric or foam MUST satisfy the relevant British Standard AND bear a label to that effect.

 

This document specificaly includes auctioneers as merchants subject to the regs.

 

http://www.bis.gov.uk/files/file24685.pdf

 

As the regs state, this applies to all fabric / foam bearing chairs, cushions etc...

 

EDIT - This is not the kind of 'technicality' bailiffs can ignore. Trading standards are not part of the 'gang' (bailiffs, police ,courts, barristers) and will do something about it.

 

To clarify - if you were to remove the compliance sticker from your soft furnishings, they cannot simply re-attach one, therefore they cannot sell it, therefore they cannot seize it!!!!!

Does that also mean that electrical items cannot be sold via auction unless they have been tested by a qualified electrician. It would be interesting to know.

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Does that also mean that electrical items cannot be sold via auction unless they have been tested by a qualified electrician. It would be interesting to know.

 

One of the reasons some houses will not accept electrical equipment, most will cut the plug or flex off and sell "as seen" or "not working" - command very low price and realistically not worth the trouble. Here is a rule from one house near to me.

 

"Electrical Items

By law all electrical items entered for sale must be tested to comply with Trading Standards legislation. The fee for this service is £3 (plus vat) per item. Any electrical items returned within 7 days of the auction by the purchaser as defective will be disposed of."

 

PT

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Hi all ,i just got in touch with the councillor (he is new to being a councillor tho) he has taken all my details and said he will look into it his name is colin jones was this right thing to do as he is new .

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oh ,and i used to be in the furniture trade and when the new regs came in it was illegal to stock and sell the old type ,also with fire regs you cant even keep them in a warehouse so resale is illegal even at auction .

unfortunatley( i think for me with bailiffs )these are 1 yr old so they could take and sell.

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levy fee £26.02

 

(a) where the sum due at the time of the levy does not exceed £100, £24.50;

(b) where the sum due at the time of the levy exceeds £100, 24.5% on the first £100 of the sum due,

4% on the next £400,

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I did notice how much he charged you need the breakdown of charges from the bailiff company before we can see whats going on

but at a guess the attendance removal fee if defo wrong and the levy fee should be £27.00 (they can round it up to the nearest £1)

we need to know the dates of attendance to attempt to levy distress to see if it has been charged on the same day as the levy fee

 

 

council tax ......................... .................£138.00

levy fee...................... ......................... £32.00

Attendance to attempt to levy distress .....£42.50

attendance removal.................. .............£160.00

 

 

I see your councillor is new to the job send him an e-mail with a link to this i think he is going to need it

 

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

The Council Tax (Administration and Enforcement) Regulations 1992

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HW - Wow, didn't even cross my mind they could screw that one up!

 

its only be a fiver but its not his fiver and if he does this on every levy hes quids in and thats not on

 

I always check the levy amount is correct if its posted

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:mad:yeh good point they dont have labels anymore (just in case ):!: i phoned the council up and the woman in back office tried to tell me reasonable costs would explain the 372.00 ,i said since when has over 200 been reasonable ,nearly 3x as much as the debt.

she also threatened that unless council tax was paid this month then a liability order will be issued as i missed last month paying the previous years council tax .

Also i found out some really good news (not).

the reason my council tax benefit was dissalowed was that im a high earner ,makes me feel soooooo special and rich

grrrrr 16000 a yr is such a big amount

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Back office, Reasonable costs - that's because they don't know what they are on about, they never receive any basic training and probably earn less than you.

 

If it's any consolation that's what my council said about £355 for one visit.

 

One letter later - ALL the fees were removed.

 

The fees they are referring to 'head C - reasonable costs incurred' don't even apply in your case.

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she also threatened that unless council tax was paid this month then a liability order will be issued as i missed last month paying the previous years council tax .

and don't forget the 160 od quid that you paid in unlawful fees could have paid lasts months council tax :mad::mad::mad:

 

 

 

 

 

what bailiff company is dealing with this

 

If you don't want to say it on here can you PM me with it please (if you don't mind ) and if you don't mind and PM me can i have the name of the council also

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