Rossendales Have No Signed Walking Agreement but charged me for a van today

[lindsayjane1]

hello,

Im urgently needing a bit of advice so was wondering if any one could pint me in the right direction please,

 

Here goes

I had a letter from the bailiffs in november last year regarding unpaid council tax from the current year, they agreed i could pay £120 month for 4 months, well last month I ended up paying a week late by a cheque that bounced, so I recieved a letter saying they wanted £266 in full, I didnt have that much so I paid £133 that day and was going to pay another £133 the week later, but they have just been out and added a van charge on, the total is now £310 they want by friday, I have never signed a walking agreement because all contact has been made by post, So why did they bring a van if they have no walking possesion order,

any advice appreciated

[chris600uk]

Have they been inside your house?

 

If not, don't worry they can't break in.

[lindsayjane1]

Hi

thanks for the reply, no they have never been into my house, they posted a letter telling me what I owed and that is when I offered them £120 a month, since then all comunication has been by post, shall I go and pay the council what I owe them tommorow

[chris600uk]

No, pay it directly online, and make sure it's for the year you owe.

[cas93]

Hi

 

 

you need to write to them and ask them for a breakdown of fees added to your account. Include the following sentence at the end of your letter.

I believe your fees contradict Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 and I have contacted xxxxxxxx city council regarding this matter.

 

 

I did this for my son and when they replied, they had removed £300 worth of fees. If the van fees are on their reply, you can deal with it then.

 

 

regards

cas

[chris600uk]

Well actually I wouldn't do that, if the OP is going to pay the sum owing on the liability order directly to the council.

 

Once that is done, it doesn't matter what fees the bailiffs have charged.

 

Because they are not entitled to them - see the 92 Act section 45 under distress.

[cas93]

wont they still chase for the fees?

 

cas

[andie_303]

Cas

Number 1 van costs should be reasonable i.e. if I went to Hertz tomorrow how much would it cost me for a van the size of the one they turned up in for the duration of their stay at the premesis - that will be nowhere near the amount they are btrying to con out of people.

And once the liability order has been satisfied with the council the bailiffs can whisltle for it you were legally obliged to staisfy your debt to the council not to their ****** DCA

[cas93]

Thanks andie

thats useful to me because i am in the process of having my sons account moved back to the council from Bristow and Sutor- they have applied outrageous fees

 

cas

[chris600uk]

wont they still chase for the fees?

 

cas

 

They can't, the 92 act prevents them.

 

Besides, once the liability order is satisfied, it's game over so to speak.

They have no authority to enforce.

 

If they want fees, and you don't pay, they'll have to proceed through the small claims court, and that means evidence to show that they complied with the law.

 

Difficult to do when all you've done is sent a letter.

[lindsayjane1]

Well actually I wouldn't do that, if the OP is going to pay the sum owing on the liability order directly to the council.

 

Once that is done, it doesn't matter what fees the bailiffs have charged.

 

Because they are not entitled to them - see the 92 Act section 45 under distress.

Is there a link to the bailff act section 92 please

Hi

I went to council today to see how much I owed to them, and she told me that they cant refuse payment, but i had to sort the other charges out with the bailiff, so I paid what i owed to the council , should I ring the bailiff and tell him Ive done that or wait for him to come on fri, There is no way I am handing £190 cash to a bailiff for coming in a little van what they drive all the time, They havent hired it specially for me, so im not even gonna open the door, I havent got the time to talk to them, Im not arguing with someone about money whats dosent belong to them

so thank you all for your time

[GSMGuy]

Not an expert, but if they normally drive that vehcle - They have not incurred any extra charges by attending once again in it - so how can they possibly claim to have??

 

Mike

[ambershadow]

Is there a link to the bailff act section 92 please

Hi

I went to council today to see how much I owed to them, and she told me that they cant refuse payment, but i had to sort the other charges out with the bailiff, so I paid what i owed to the council , should I ring the bailiff and tell him Ive done that or wait for him to come on fri, There is no way I am handing £190 cash to a bailiff for coming in a little van what they drive all the time, They havent hired it specially for me, so im not even gonna open the door, I havent got the time to talk to them, Im not arguing with someone about money whats dosent belong to them

so thank you all for your time

 

 

 

 

If you have paid what you owe to the council you DON'T pay the Bailiffs

[hallowitch]

if they haven't been in your house they cant charge you for a van they can only charge you for 2 letters

im no expert but this is what ive been told

[lindsayjane1]

Hi

Im writing again for some advice, if there is anyone who can help it would be much appreciated, because im not sure if I am in the wrong as they have been back to my house twice,

They seem to be witholding a payment of £130 from the council, which I paid to them before they added more charges on, they came last thursday when my daughter was in and gave her a letter saying they wanted paying in 24 hours,

They seemed to have levied on a car which was on my drive at the time, the cars isnt mine it is my partners, so my partner rang the bailiff giving him loads of **** explaining that the car was his, and they said they couldnt take it then, But he was lyeing because they can take it cant they?

Anyway he said I had 2 options Id rather have to go bankrupt or be arrested so I told him the later one,

But they have been back today my daughter who is 17, who was in the house with her nan, said he was writing things down through the window, so she opened the door and he said to her that he would be back at 4, He never came back, I have never signed a wpo so really they are just calling for there fees, said they will pay the council when all the outstanding has been paid

I dont know what to do anymore any suggestions, as they are really annoying me now, can they charge me a levy fee and a van fee if they have never been in my house or signed a wpo, Also I thought if there was an adult in the house they can come in and take, if so why hasnt he, because he has had the opportunity 2 times now,

any help appreciated

[andie_303]

Hi

Im writing again for some advice, if there is anyone who can help it would be much appreciated, because im not sure if I am in the wrong as they have been back to my house twice,

They seem to be witholding a payment of £130 from the council, which I paid to them before they added more charges on, they came last thursday when my daughter was in and gave her a letter saying they wanted paying in 24 hours,

They seemed to have levied on a car which was on my drive at the time, the cars isnt mine it is my partners, so my partner rang the bailiff giving him loads of **** explaining that the car was his, and they said they couldnt take it then, But he was lyeing because they can take it cant they?

Anyway he said I had 2 options Id rather have to go bankrupt or be arrested so I told him the later one,

But they have been back today my daughter who is 17, who was in the house with her nan, said he was writing things down through the window, so she opened the door and he said to her that he would be back at 4, He never came back, I have never signed a wpo so really they are just calling for there fees, said they will pay the council when all the outstanding has been paid

I dont know what to do anymore any suggestions, as they are really annoying me now, can they charge me a levy fee and a van fee if they have never been in my house or signed a wpo, Also I thought if there was an adult in the house they can come in and take, if so why hasnt he, because he has had the opportunity 2 times now,

any help appreciated

 

i thought by reading some above posts you had paid the council direct?

[lindsayjane1]

Hi

I have paid the council directly but there is still £130 outstanding which I paid to the bailiffs before they added charges on,

i think they are going to keep that now

[Guest BiG SiD]

if they haven't been in your house they cant charge you for a van they can only charge you for 2 letters

im no expert but this is what ive been told

 

Sounds like gettin mixed up with Parking here?

 

If this is for Council Tax:-

 

The answer is - Yes they can charge you for a Van WITHOUT a walking possession agreement having been previously entered into. Likewise they can remove your goods without any WPA. The two are unconnected charges in essance.

[lindsayjane1]

I dont think they can enter my house, they havent been in before and I havent signed anything,

it is all my partners stuff anyway he bought it all

[andie_303]

Sounds like gettin mixed up with Parking here?

 

If this is for Council Tax:-

 

The answer is - Yes they can charge you for a Van WITHOUT a walking possession agreement having been previously entered into. Likewise they can remove your goods without any WPA. The two are unconnected charges in essance.

 

 

Big Sid - I think you're wrong they cannot take goods without a WPA.

 

Lindsay - write to the council tell them you are disputing the charges with the DCA and that you have paid the full amount of the liability order and you expect the council to get their money from the bailiff.

[andie_303]

Lindsay - they can't enter don't worry and like you said nothing is yours so they can't levy against it therefore their charges are utter crap

[lindsayjane1]

Hi

Thats what I mean, they are gonna keep saying the liabilty order isnt paid because they havent had there fees,

Im gonna ring the police if they come out again, there are like vulchers

[Guest BiG SiD]

Big Sid - I think you're wrong they cannot take goods without a WPA.

 

You are incorrect - A Walking Possession Agreement has nothing to do with a Van/Removal as discussed here. Think about it - if a bailiff required WPA to be signed by the debtor, NO GOODS would ever get removed by bailiffs! The bailiff does NOT require your permisson to seize or remove your goods, they are quite within their rights to do so. Have explained what WPA is another posting. WPA is an agreement entered into by the debtor and bailiff at the time of the levy - this agreement basically says - that the debtor will pay the debt off to some payment agreement - if not the bailiff does have your permisson to break in (if deems it worthwhile) to remove etc.

 

But a bailiff CAN levy and remove without the debtor ever being meet or any WPA ever getting discussed or offered.

 

All the best

[lindsayjane1]

Just wondering if you are a bailiff BIG SID they cant just take whatever they like youre talking rubbish there

[hallowitch]

if this is for council tax and they have not been in your home to Levey all they can charge you for is 2 attendance fees £24,50 first visit £18 for second no levy no fee no levy no van fee complain to the council and to court who certified the bailiff (form 4 complaint) about unlawful charges

 

big Sid is a bailiff in my opinion

 

Ive done the bailiffs and charges thing and got my daughters bailiffs fees removed