Bailiff on my doorstep at mo.

[Rachie1973]

Just a quickie, and dont worry too much about speed, the wally can stand there all day if he likes.

 

We had a council tax bill outstanding from our old house that was repossessed last year that they sent to bailiffs.

 

Much as it pained us to do it, we made arrangement to pay the bill at £115 a month, since we did owe the money after all and were in a slightly more stable position. They wouldnt leave regardless of this, telling me the council were demanding a walking possession order which I refused to do. In the end, he wrote down the jewellery I was wearing and gave me a bit of paper, but I refused to sign, but apparently it's still valid?

 

My husband paid the £115 every month without fail, (plus the £1.50 charge for paying via debit card) every month. The last payment was made 25th January. The original bill was £921. It works out we've paid £920. So yes, I think we might be a £1 out. (The £921 covered their charges as well)

 

Anyways, today they just turned up at my door telling me I owe another £21! Obviously we say we don't. He's handed me a letter telling me my arrangement is now 'void' (well big whoop since i owe sod all) but adding a £65 calling fee.

 

Is the calling fee legal? Is the walking possession order legal??

 

Ta

 

Rach

 

(PS: Don't hurry, it's raining here and I have no porch)

 

I clearly don't!

[andynsue]

You could at least offer him a cup ov tea, then sigh loudly when you tell him you are sorry but it won't fit through the letterbox .

[andie_303]

LMAO - Jacobs by any chance??

 

Leave him there - if the levy hasn't been signed I don't think it's valid and walking pocession charge if I remember correctly is £12 - coucil tax visits can be charged at £24.50 for the 1st and £18.00 2nd nothing after that unless they are levying goods which he is clearly not.

So ring the council now and pay the £1 outstanding then tell him the debt has been satisfied and he can now whistle for the rest.

[andie_303]

you could also stick a letter through the door telling him you are revoking his right under English common law to visit your house and if he's still there in 10 mins you're calling the police and pressing charges for tresspassing

[loobyloo35]

council tax and bailiffs clearly do not communciate eh!

[lamb to the slaughter]

you could also stick a letter through the door telling him you are revoking his right under English common law to visit your house and if he's still there in 10 mins you're calling the police and pressing charges for tresspassing

 

 

i think you would get short change from the police on this one though

[Rachie1973]

Spoken to council and we don't owe them a penny. They've been paid in full.

 

So we paid £920 in installments and £200 when they came the first time.

 

Which means £131 in fees.

 

If they think I'm paying another penny they are sadly mistaken!

[ashmk]

Show him your arse and tell him to put that on his levy.

 

[hallowitch]

ashmk love your answer

rachie1973 does the £131 fees include a levy

[Rachie1973]

ashmk love your answer

rachie1973 does the £131 fees include a levy

 

 

Apparently so. They 'levied' on the jewellery I was wearing, against my wishes and I refused to sign their levy.

 

I don't know if that makes it a true levy or not.

[chris600uk]

When was the council tax paid in full?

 

Once the sum on the liability order was paid, no further action (or fees) is possible.

[chris600uk]

If you have any doubt about that read this:

The Council Tax (Administration and Enforcement) Regulations 1992

 

In particular I'm referring to this section

Distress

45.—(3) 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.

[chris600uk]

if the levy hasn't been signed I don't think it's valid

 

Actually all a bailiff has to do is touch an item, or express a wish to levy upon an item that he can touch and it is seized.

 

Of course he must generate some paperwork (a list saying what he's done is enough) to show WHAT he has seized, but it doesn't require a signature.

 

On the other hand a walking possession order/agreement isn't valid unless it's signed by the debtor.

[Rachie1973]

It was a walking possession order.

 

And the last payment was made 25th January.

 

I'm basically going to tell him to go swing

[chris600uk]

I would do more than that.

 

In your position I would start the process of a form 4 complaint, on the grounds that the bailiff is attempting to charge unlawfully after the liability order has been satisfied.

 

Before you do that though, check with the council that the liability order has definitely been satisfied. You are entitled to a printout of your account.

[caledfwlch]

Actually all a bailiff has to do is touch an item, or express a wish to levy upon an item that he can touch and it is seized.

 

Of course he must generate some paperwork (a list saying what he's done is enough) to show WHAT he has seized, but it doesn't require a signature.

 

On the other hand a walking possession order/agreement isn't valid unless it's signed by the debtor.

 

Surely if a Debtor refuses to sign, the bailiff must take the goods there and then, or the levy is invalid - ie how would he prove he has levied without a signature?

 

And surely they are not allowed to levy on things you are wearing at the time? If that were the case then every bailiff would be levying on ear rings, or trainers or whatever

[tomtubby]

Is this correct? The bailiff levied upon jewellery!!

 

If so, I have NEVER EVER come across this before. Can you say which company this was?

 

He can charge a levy fee which is on a sliding scale and in this case would have been around £40. Have you requested a full breakdown?

 

Did you get a copy of the Walking Possession /Seizure Notice.

 

What Jewellery is he saying that he levied upon?

 

I would be VERY interested in your response to this.

[Rachie1973]

Is this correct? The bailiff levied upon jewellery!!

 

If so, I have NEVER EVER come across this before. Can you say which company this was?

 

Ross & Roberts

 

 

He can charge a levy fee which is on a sliding scale and in this case would have been around £40. Have you requested a full breakdown?

 

No

 

 

Did you get a copy of the Walking Possession /Seizure Notice.

 

Yes, I have a copy of the walking possession order. Where my signature should be he wrote 'refused to sign'

 

 

What Jewellery is he saying that he levied upon?

 

The walking possession order quotes my engagement ring, and 2 others (one of which got lost about a month ago) and my watch. Also some naff garden furniture.