Bailiff advice

[chris600uk]

NO, if you have paid the council the sum owing on the liability order the bailiffs have no power to do anything

[chris600uk]

Protection from Harassment Act 1997

 

1997 CHAPTER 40

 

 

England and Wales

 

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

 

(a) which amounts to harassment of another, and

 

(b) which he knows or ought to know amounts to harassment of the other.

 

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

 

(a) that it was pursued for the purpose of preventing or detecting crime,

 

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

 

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

 

So start writing, and emailing to them sending copies to everyone, after each contact, pointing out that their behaviour is harassment. quote the act.

 

Appear to be reasonable, don't write emotionally, no pomp either use your own words where-ever possible.

[chris600uk]

Whoa!

 

You've got to do the preparation work first - otherwise the police will see you as a nuisance and treat you accordingly.

[chris600uk]

Does any one know what the law is if you have attempted to pay before it has gone to the Magistrates ?

 

Yep, it's really simple (and unfair) - if you owe ANY Council tax and they apply to the magistrates for a liability order - they'll get one.

 

But if you pay the sum listed on the liability order before the bailiff is able to seize/levy then the bailiff has no liability order to collect for.

 

Ergo, the bailiff is stuffed, and they know it.

 

Anything they do after that is unlawful, they know that too.

 

Err, you have informed them and provided a receipt to show that you paid it haven't you?

 

Don't rely on the council to tell them - they probably won't.

[chris600uk]

After writing to the council, they replied by telling me they have spoken to Newlyn and that I am liable to pay the following charges 24.50 for the first letter 18.00 for the second letter and £105 + £38 for van visit & Levy.

 

What the council say will be based upon what Newlyns told them.

 

You can write to Newlyns and ask them for a screenshot of your account with them.

 

The significant detail is the date of the supposed levy, and what was levied, and the name of the bailiff attending.

 

These are my questions, I live in a set of flats, the only letter I received from Newlyn was not put in too my letter box, but instead pushed under the down stairs communal front door, how can that be deemed as being served ??

If that is how mail normally gets posted then you can't complain about that as far as I can see.

 

my main question is the £105 + £35 van visit & Levy, the bailiffs have never entered my property thus how can they try to charge for a Levy. If they are charging for some thing they have not done, surly this is fraud.

 

 

They can levy upon a vehicle, but it must be YOUR vehicle and it must be before you satisfied the liability order in full, that is why the detail and the date of the levy is so important.

 

Do you think a visit to the local police station is now in order to ask them to investigated fraud.

 

 

No, you would simply be told that it was a civil matter ( which it isn't) and they would try and fob you off (which they shouldn't but they do).

 

The first thing to do is challenge the fees in writing, sending an email copy to the council tax department, the head of the council tax dept, your councillor, and your MP.

Explain carefully as if to a child why a levy could not have taken place, do not rant, be polite but firm, use a template letter.

[chris600uk]

Well if you really want to, you could go down the route of holding them to the letter of the law.

 

As I understand it, the bailiff is entitled to charge for visiting to attempt to collect the debt or remove goods. There is a school of thought that says, to do that they must attempt to speak to you.

 

That would mean knocking on the door, not just sending a letter.

There is no provision in the regulations for a letter fee.

The Council Tax (Administration and Enforcement) Regulations 1992

amended to

The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006

[chris600uk]

I suspect you would have to write to the Chief Constable before you will get the police involved, at least that way they will find it less easy to fob you off.

 

However in the first instance I'd be inclined to make a form 4 complaint, which could result in the bailiff who charges excessively or fraudulently losing his certificate.

[chris600uk]

Bailiffs: Complaint about Certified Bailiff - Consumer Wiki

 

It's in the bit we are supposed to read before posting

[chris600uk]

I think bailiffs are entitled to charge fees and there may even be a schedule somewhere...either way, they should be reasonable and proportionate

 

Fairparking got it right first time, as usual.

The Council Tax (Administration and Enforcement) Regulations 1992

 

amended to

The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006

 

Bailiffs have no power to vary a Liability Order, and that's all you are obliged to pay the council.

 

Once the council is paid in full, the bailiffs may invoice you, and can pursue you through the small claims court. But that's it.

[chris600uk]

you could send the council an invoice for the missing money

if they don't pay, you could sue them in the small claims court.

if they still don't pay, you could send bailiffs round.

 

That'll teach 'em

[chris600uk]

if you read it again, you'll see that that only applies once a levy has taken place.

 

That's why subsection 3, says that if the amount is tendered to the council they'll accept it and a levy won't be proceeded with.

 

The key is whether or not a lawful levy has taken place.

[chris600uk]

If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

It also makes a nonsense of that old chestnut "you have to pay the bailiffs".

[chris600uk]

Hope that makes sense now.