bailiffs and council please help

[pinkmini]

Does the bailiff have to by law tell you what the levy is for then?

Also do they have to tell you in writing if they visit your property as I did not know they had visited on 1st and 2nd december which is what they are charging for?

On the 11th when they said they visited with a van to remove goods my elderly neighbour who sits in her window all day said she never saw any van outside my house but she sees loads of people and cant recall if any one person came to my house but definitely no van.

Then last saturday they said they called again with a van and hand delivered a letter as we were out yet the letter arrived by 2nd class post and we were in.

Surely if they have levied on my daughters caravan and if they have turned up twice with a van they would have taken something even if it was just my patio furniture which is the only thing outside.

 

Thanks kaz

[pinkmini]

Oh also does anyone know if Rundell and Birchalls are the same company as I am dealing with Birchalls and wrote to them yet leter received back from Rundells.

 

Rundells state they are willing to come to an arrangement when i send a more comprehensive income/expenditure form in

Birchells say they are visiting again within 10 days with house clearance people

 

Who do I believe.

 

Sorry this is so long but I get confused.

 

kaz

[chris600uk]

Does the bailiff have to by law tell you what the levy is for then?

 

Absolutely, "Council Tax (administration and enforcement) regulations 1992 (5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into."

[chris600uk]

do they have to tell you in writing if they visit your property as I did not know they had visited on 1st and 2nd december which is what they are charging for?

 

Of course they do, otherwise they could just sit in the office and dream up phantom visits and charges - which they often do.

[chris600uk]

Surely if they have levied on my daughters caravan and if they have turned up twice with a van they would have taken something even if it was just my patio furniture which is the only thing outside.

 

If they had lawfully levied on anything, you would have paperwork to show for it, with the item listed.

[pinkmini]

Ok well they have not lawfully levied on anything then. I only have 4 letters from them,

1st one stating they had called with a van on 11th December but no mention of fees of levy's.

 

2nd one dated 23rd January in reply to my letter asking for a fees breakdown and offering a payment plan stating they wanted income/expenditure information and then would consider a payment plan.

 

3rd one stating they called with a van on 24rd January to remove goods, this was delivered by 2nd class post and we were in all day. So total lies.

 

4th one dated 2rd January stating I have ignored their letters and they will call with van, house clearance people, police and a team of other people to remove goods within 10 days.

 

God this is just so mad I don't know what to do

Thanks chris for your help.

 

kaz

[pinkmini]

Oops edit 4th letter to read dated 23rd January not 2rd. Both the second and the 4th letters were received on the same day 27th Jan.

[chris600uk]

What you do is write to them concerning each item, email it as well, with an email copy to each person who should be concerned i.e. council tax department, head of the council tax department (separately), your councillor, your mp.

 

This is important because you have good grounds for complaint, and if you do as I suggest you will be seen to be reasonable - giving the bailiffs the opportunity to correct their "mistake".

 

We know charging for work not done is fraudulent and so do they, but you should point that out separately in writing in each case.

 

It's worth the effort.

[pinkmini]

MY GOD I AM IN TOTAL SHOCK.....................AND IN TEARS AS WELL

 

The bailiff just phoned me to say he had seen my offer of payment and would not be accepting it. I pointed out all the items that I was unhappy with and he tripped himself up by saying the letter I had delivered in the post was his fault because he had called on the 24th and forgot to leave the letter so had posted it. I made him repeat this 3 times before I told him that the letter was delivered on the 24th so this was obviously a lie. The levy fee of £47 is just for attending and the fee of £100 for a van, which according to my neighbours cctv which covers my property did not arrive, is his own landrover discovery that he uses to attend properties. Apparently he said when they stick a levy fee on to a debt it does not mean they have singled out any goods. I then asked him what colour my curtains were as I did not believe he had been to my property and also if he could see anything outside he could levy on as there wasn't anything left out. He agreed there was nothing outside so I asked him 'what about my daughters 24' £12.000 caravan parked all the way across the front of my property. HE REPLIED WITH THIS STATEMENT

I WILL RETURN THE DEBT TO THE COUNCIL and remove all fees.

 

I am in total shock

 

You people on here are absolutely brilliant I would never have been so strong with the bailiffs if it hadn't been for your advice. I was very proud of myself for handling the stroppy man.

 

Thank you from the bottom of my heart

Kaz

P.S. all you others out there sick with worry, listen and act on the advice given on here it certainly does work.

[chris600uk]

You're welcome - we've been there

[ambershadow]

Well Done for the perseverence on this one, Yes we have all been there

[linzih]

well done....yes all been there iam there now lol.

and i will be following all advice i have recevied on here and hopefully few weeks on i,ll be saying the same as pinkmini,well done again pinkmini:D

[fedup74]

Well done pinkmini. I am so pleased they come to their senses!! Excellent help from chris600uk:)

[pinkmini]

good luck linzih, my fingers are crossed for you.

 

Thank you to everyone for their advice and best wishes.

I am now 5'7" tall because that breeze block on my shoulders has been removed.

 

Love to all.

kaz

[getgoing]

Thats really great news and i dont want to put anything on a downward spiral but have you had this confirmed in writing from birchalls or the council yet it may be worth while just checking to see that he has been done or you could check to see online with birchalls if it has indeed been returned ...

Just remember that these poeple are not really big on honesty ..and I really think you should get this confirmed with the council as soon as possible ..all the best.

getgoing