Levy

[waynejg]

is a levy on a car legal if no paperwork has been signed

[Guest Happy Contrails]

Yes.

 

A walking possessions agreement only needs to be signed, but a parking ticket bailiff can take a car in the debtors absence provided the bailiff is sure the car belongs to the debtor. Bailiffs often look around for a car registration as shown on the ticket before knocking the door.

[waynejg]

the debt is for council tax.

[waynejg]

and no walking possessions order has been signed

[Guest Happy Contrails]

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and it provides £24.00 for a first visit and £18.00 for a second visit if one is made. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

[waynejg]

So does that mean i can contest the 2 visit charges, only had 1 and the levy charges and also the enforcement fee

[Guest Happy Contrails]

Yes

[waynejg]

thanx

[tomtubby]

So does that mean i can contest the 2 visit charges, only had 1 and the levy charges and also the enforcement fee

 

The Enforcement Fee cannot be charged. Th purpose of the visit was to "levy" upon goods and for this he can charge a levy fee. The "enforcement fee" is really an "attendance to remove" fee. Should not be charged.

[k1mmie]

I had a first visit, where a Notice of Distress was put through the door and a levy on a vehicle down the road, not anywhere near my house was put down. I have read that a Form7 should be used to list levy details. Is this the case, or is it acceptable to use a photocopy of company headed paper and put a levy on it?

 

Also , what is the situation when the company used an area bailiff. The company will not speak to me, but referred me to the bailiff. He has not returned my call. However, the bailiff company will by now know I have put a complaint in to the court about the company and the bailiff. Do you think he knows he screwed up, and doesn't want any more hassle?

[casbah]

I believe that a levy fee can only be charged when the bailiff has listed property belonging to the debtor, that can be sold at local auction, to the value of the debt and a form7 of the distress for rent rules 1988 is left, securing the property so it cannot be sold else where. The Ministry of Justice has told me that without this form he cannot charge a levy fee.

 

And the property must be in proportion to the debt, else he'll be levying on flower pots!

 

Cas

[casbah]

I had a first visit, where a Notice of Distress was put through the door and a levy on a vehicle down the road, not anywhere near my house was put down. I have read that a Form7 should be used to list levy details. Is this the case, or is it acceptable to use a photocopy of company headed paper and put a levy on it?

 

Also , what is the situation when the company used an area bailiff. The company will not speak to me, but referred me to the bailiff. He has not returned my call. However, the bailiff company will by now know I have put a complaint in to the court about the company and the bailiff. Do you think he knows he screwed up, and doesn't want any more hassle?

 

 

Kimmie,

 

Firstly remember that bailiffs are not used to people fighting back, he is trying to intimidate you. Unless the forms are compiled correctly they probably won't see the light of day in court.

 

You have got your MP involved haven't you?

Right for a bailiff to 'practice' he has to meet certain criteria, now I know you are talking about Newlyns, and I believe they are registered with ACEA - Association of Civil Enforcement Agencies

I am not 100 % certain, so give them a ring and ask, if they are, the ACEA have a complaint proceedure. I wonder if using every avenue open to you will just lend wait to your claim.

Best wishes

Cas.

[k1mmie]

Kimmie,

 

Firstly remember that bailiffs are not used to people fighting back, he is trying to intimidate you. Unless the forms are compiled correctly they probably won't see the light of day in court.

 

You have got your MP involved haven't you?

Right for a bailiff to 'practice' he has to meet certain criteria, now I know you are talking about Newlyns, and I believe they are registered with ACEA - Association of Civil Enforcement Agencies

I am not 100 % certain, so give them a ring and ask, if they are, the ACEA have a complaint proceedure. I wonder if using every avenue open to you will just lend wait to your claim.

Best wishes

Cas.

 

Hi Casbah

 

Yes, I do have my MP involved, although he has gone a bit quiet. Probably because he thinks the local council are actually doing something-which they are not. You are correct, Newlyn are registered with ACEA as the Claims Manager of Mer Majesty's court services told me when I put my Form 4 complaint in. I intend to use this route also.

 

Just sent another sterling letter to the council, with a copy forwarded to MP. As their reply to my complaint was, you didnt pay, passed to bailiffs, here is a list of charges. Also they wrote I have sent them a copy of your email for their response. Toothless! I said well its obvious that Basildon Councy Council give out a list of charges and do not follow them. I have made a complaint about unlawful charges and you have not even bothered to look into or question them. In fact I know you have a screen with all their lists and charges on, so they knew what I was getting at. I also said it was an unlawful/ilegal levy, as not my property and not on a Form 7.

 

I said that I had contacted Newlyn as asked to make a payment arrangment, but they refused to deal with me. Passed me onto a bailiff and I called his mobile Thursday 23rd April, to date he has not called me back. Think he may be sh****ng a brick! With any luck.

 

So I have refused to deal with the bailiffs and asked them to take the debt back. Let's see where this goes. In the meantime Newlyn have until the 1st May to report back on my case, and then it goes in fron of the judge for consideration.

[casbah]

ooooooooooh Kimmie

 

I hope with all my heart it turns out you and I are talking about the same Bailiff, because today I have just put in my form 4.

A quick update; I wrote to Newlyn asking for a copy of the form 7s they supposedly have on me, citing the distress for rent rules 1988, and they answered that these rules do not apply as they are rent rules not council tax rules ( and guess what? I got a word for word copy from the council, they in co hoots me thinks) Guess they should have told the government and the courts that, cos according to the court they very much are covered by these rules and they DO have to leave a form 7. If only we could get a petiton going against individual bailiff companies.

Cas

[hallowitch]

casbah did you ask newlyn for a screen shot of your accoint

why don't you write to the council head of revenues ask if he/she would like to comment on the information in the letter they sent you before you send the letter to the ombudsman

[k1mmie]

ooooooooooh Kimmie

 

I hope with all my heart it turns out you and I are talking about the same Bailiff, because today I have just put in my form 4.

A quick update; I wrote to Newlyn asking for a copy of the form 7s they supposedly have on me, citing the distress for rent rules 1988, and they answered that these rules do not apply as they are rent rules not council tax rules ( and guess what? I got a word for word copy from the council, they in co hoots me thinks) Guess they should have told the government and the courts that, cos according to the court they very much are covered by these rules and they DO have to leave a form 7. If only we could get a petiton going against individual bailiff companies.

Cas

 

If you pm me, I will give you a name. Thr trouble is Newlyn are a bit coy here, as they have not confirmed that this was the original visiting bailiff. But when I called they just said have you spoken to ******. I said never heard of him, they said its the bailiff.

 

Got an email from the council, saying that they basically said all that they had to say previously (i.e. have to deal with Newlyn. They also said they would not take the debt back. That they could confirm the account was on hold until 20th May for investigation. I still had to speak to Newlyn to make payment arrangements.

 

So I called Newlyn, the girl said you owe £836 and the bailiff has been nstructed o call. I said well according to the council it is on hold. She said I will have to call the council and check. Put me on hold. Then came back and said yes it is on hold. Call after that date and make an arrangement. I said well can you confirm if a letter has gone out to me with a break down of the charges. She said I can see we received it on the 27th (it was 17th April, by recorded), and a response is due out. I asked if they had any information on their file regarding the court response. She said I have no idea what you are talking about. We have had correspondence with the council, nothing about court.

 

So I am now in the process of trying to get hold of the court, to see if they have received anything from them. They gave them 14 days from 17th April. Makes my reckoning tomorrow as the deadline.

 

Looks like its getting interesting. Must dash, need to send another complaint email to the MP about the council.

 

Well Casbah, if the Form 7 is such a major deal I wonder if the levy is enforceable. I have had them previously do it the same way, and we have just paid up. Think when this is over, I will send them a SAR to see how much I have paid them in the last 6 years. Do they have to include all the costs they have charged in the SAR ? May be a bit harder to prove though that they played the same game, additional charges for not calling etc...

 

What do you think? But definately never seen a Form 7.

[casbah]

Hey Kimmie and HW

 

Firstly Kimmie, if I were you I'd go back to the main page, SOMEWHERE on there, it states that the council cannot refuse your payments, they will try and fob you off that you have to go through the bailiffs, now if I were you I'd be devious I'd pay online, you'll get an e mail as a receipt. Make sure you put the account number on it. The last thing you want is for them to be able to put the idea in the judges' head that you are a WON'T pay.

 

HW what do you mean by a screen shot?

 

Cas

[hallowitch]

gives you all the info bailiff has on your account tomtubby always recommends asking for it

taken from a post by tomtubby

A word of advice to anyone considering making such a complaint. It is always advisable to request a screenshot of your account from the bailiff company. A screenshot is the computer record of your account held by the bailiff company and this will report notes of telephone calls you have made, bailiff notes, precise times of any visits made and details of the dates when all charges were applied to your account.

[k1mmie]

can these visits not be made up? I Don't trust them. Also if they use an area bailiff, like with me, what's to stop them saying I called round 2/3/4/ times etc.

[hallowitch]

doesn't matter how often the say they have been can only charge you for 2 visits £24.50 for 1st £18 for 2nd

[k1mmie]

That's good to hear - maybe they owe me money from previous years then. They sure have racked up some charges in the past. Not knowing all the facts, I paid them. Think a SAR is in order. Could you ask for screen shots for all the years also, do you think?

[hallowitch]

i don't see why not

if you are doing a S.A.R. remember to say on it a screenshot of all accounts current and previous that way they are in no doubt what you are asking for

make 3 copy's send 1 to bailiff company one to the council with a covering letter to make them aware that you have sent a S.A.R.to the the bailiff company one to keep as a record

recorded delivery as always:)