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Urgent help please Bailiffes knocking at my door today

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We owed 3 months council tax amounting to £240, I notified the council that I am not well with depression and on medication, no response from them.

 

They sent the bill to Newlyn Baillifes aparently after a liability order from Magistrates, the bill went up to £347, my husband rang them and they demanded £130 on the day before I got paid, hubby said impossible can try and get money the next day or day after to them, they would not have it, so ended up contacting council who contacted Bailliffes and said to take what we said day after I got paid, in the meantime, we contacted a Financial Company as we had other debts and have started the motions of an IVA.

 

Advised by Financial Company that if Baliffes call, not to let them in and not to pay them, but to tell them that we are entering into an IVA, provide them with all the information and advise them that this debt will be taken into account, so today all set to contact and low and behold the turn up, demanding £521.80, and have said they will take husbands van which is on the drive, Van worth £1500, we are selling it to help with other debts.

 

Son answered the door and bless him told them no adults at home, they guy hung around for about 20mins and stuck letters (notice of distress and Removal of goods notice) through the door, stating they will take the van and will return in "24hrs - 5 days"

 

In the mean time the Council have been notifired that we are entering into an IVA

 

What should I do, I can't take much more,


:lol: GASS

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I'm really scared guys....


:lol: GASS

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e-mail/phone the council find out how much the liability order sent to the bailiffs was for

 

are you/hubby unemployed because you are suffering from depression you may come under not 100/ sure if depression counts but worth a try

National Standards for Enforcement Agents

 

May 2002

 

 

 

 

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

if the liability order is for £347 not including bailiffs fees the bailiffs fees are wrong

 

24.50 for first visit if no levy

£18 for 2nd visit if no levy

 

walking possession fee £12

levy fee 12. 1/2 % of first £100 4%of next £400

the bailiff cant charge a visit fee the same day he charges a levy walking possession fee

get on to council about his fees

don't let the council fob you off they are responsible for the bailiffs actions including there fees as they act for the council as there agents to collect council tax i would also suggest to the council that the bailiff has done an excessive levy £350 debt levy on a 2k van sounds excessive to me

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Thanks for replying :)

 

So have I got this right,

 

From what they have left today:

 

A) Removal of Goods notice where he has upped the fthe amount from £347 to £521.80

B) Notice of Distress saying that he has been and listed the vehicle on.

 

That they cannot levy fees on the day of a visit.......

 

What do I challenge the council with, how do I say it? - unfortunatley with the depression and medication I'm not that confident in challenging people at the moment, and no am not of sick from work or unemployed, but GP would varify my state of mind.


:lol: GASS

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you need to find out from the council exactly how much they asked the bailiff to collect

then work out his fees

if you have had a hand delivered letter from the bailiff its £24.50 first visit

if he done the levy on his second visit then his charges for that (these charges should be on the walking possession notice)

walking possession fee £12 levy fee approximately £15 not to good with% but defiantly no more also tell the council that you think the bailiff has done an excessive levy as you total debt is approx £400 and they have levied on a vehicle worth over 2k

 

debt £347 ?

1st visit £24.50

walking possession fee £12

levy fee £15 approx

total £398.50

 

if you had a second visit (no levy) he should have left hand delivered note then add £18 to total

get on the phone to council tell them there bailiff has added charges that that do not come under

The Council Tax (Administration and Enforcement) Regulations 1992

there for they are unlawful explain you situation (deprecation ) ask if you come under National Standards for Enforcement Agents don't just phone them e-mail them and also send a recorded delivery letter

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I have just spoken to the council and they have put the case on hold for 2 weeks with Newlyns, aparently they agree with the charges and he (gue at council ) has just worked it out and apparently it's correct. I will have a go later and try and work out myself.

 

I queried the van and cost etc. and aparently they DO take vehicles even though they are valued at higher price, as they have to sell at auction etc.

 

So off to sell the van!!! been offered quick sale at £1000.00 which am happy to take and at least we can eat for a week or two....

 

Thanks for support - but if you have any other words of wisdom please do let me know...


:lol: GASS

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Oh and Council did not want to know about the depression either.


:lol: GASS

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Guest Happy Contrails

I dont know about IVA and whether it can nullify council tax like consumer debts. Speak to your Official Receiver (does IVA have an Official Receiver - anyone?) and they should inform the creditors to report to them and stop contacting you.

 

You need send a copy of your diagnosis from a doctor if you need the authority to take into consideration your depression. More: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Use these letter templates, tweak as needed.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

 

And send this letter to the council

 

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I therefore ask this case be taken back into council administration within seven (7) days of the date of this letter and confirm in writing to me at the above address.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

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