baliff problem please help urgently. bristow and sutor CTAX excessive fees

[diddydicky]

the warrant is valid for 9 months only then must be renewed

[diddydicky]

i'm a bit out of touch but the levy i think has no time limit and applies until the debt is cleared or they agree to remove the levy

 

it is legitimate to remove property from the house before levy but a criminal offence to remove or deliberatley damage any goods after they have been levied

[caledfwlch]

yes, its an old wives tale and assumes that the bailiff is a complete idiot and has never seen that before

 

he will want to see genuine bona fide receipts from a retailer,and if he is not happy with what he is shown he is entitled (although he can be challlenged of course between seizure and the auction of goods ) to dismiss it as not genuine and seize the goods anyway.

 

The best policy is always to keep the bailiff at the door for as long as possible and contact the creditor direct and try to enter into an arrangement and call the dogs off

 

However, where several arrangements to pay have been dishonoured and the bailiff has already entered and levied the goods he may use force to re enter.

 

he can sieze any property INCLUDING property jointly owned by man and wife

 

what you need to remember is that the bailiff does not WANT to remove goods - it is the THREAT of removing them that gets results. un fortunately by this stage even his hands are tied as so many arrangements to pay have gone by the wayside

 

Surely a Statutory Decleration witnessed by a solicitor for about £10 makes the sale legal, and gives the Bailiff no leg to stand on. At the end of the day the Bailiff has no claims on goods before he has levied, so who is he to poo poo a private sales matter between friends?

[UnitedFront]

he can sieze any property INCLUDING property jointly owned by man and wife

 

As far as I can see this is a tiny bit misleading?

 

Bailiffs certainly cannot take just any property that they like:

There are some things that the bailiffs are not allowed to take at all, such as goods that are rented or hired. The regulations also say that the following items are exempt and cannot be taken:

 

• "such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation";
  
• "such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
  

I'm not sure if the Husband/Wife link make any difference from "partner", but I have read the following:

The bailiffs can only take goods belonging to you if you are named on the liability order. This means that if the Council Tax debt is just in your name, the bailiff should not take goods which are owned jointly with someone else. If they want to take goods that belong to someone else (your children, partner, lodgers, etc.) explain that the goods do not belong to you. If you can, show a receipt or note as proof. The owner of the goods may have to provide a sworn statement in the form of a 'statutory declaration' to say this is the case.

[caledfwlch]

As far as I can see this is a tiny bit misleading?

 

Bailiffs certainly cannot take just any property that they like:

I'm not sure if the Husband/Wife link make any difference from "partner", but I have read the following:

 

So in other words, if as in the post further up, you sell your goods to a mate, get him to do a statutory declaration.

[diddydicky]

As far as I can see this is a tiny bit misleading?

 

Bailiffs certainly cannot take just any property that they like:

I'm not sure if the Husband/Wife link make any difference from "partner", but I have read the following:

 

i did not say they could take ANY property

 

my reference was to any property jointly owned by man and wife

[diddydicky]

meaning any property owned by man and wife that he is allowed to take (apologies for the confusion which i now see)

 

point two husband and wife are considered to jointly own property unless their is clear evidence to the contrary

 

(otherwise no bailiff would EVER be able to seize property from a home in which a husband and wife live!!)

[diddydicky]

Surely a Statutory Decleration witnessed by a solicitor for about £10 makes the sale legal, and gives the Bailiff no leg to stand on. At the end of the day the Bailiff has no claims on goods before he has levied, so who is he to poo poo a private sales matter between friends?

 

sure, no problem all you need to find is a bent solicitor who is prepared to backdate and witness an obvious attempt to pervert the course of justice and put his livelyhood and liberty at stake for the sake of 10 quid

 

plenty of them about eh?

 

who is he to poo poo a private sales matter?

 

he is a bailiff certificated by the local county court to make just those decisions and has the backing of the law to protect him where he can show that he reasonably believed such an arrangement to be a sham and a 100,000 bond to the court to penalise him if he acts vexatiously

 

it is for YOU after he has made that decision not to believe the made up self serving document of sale ( between the time he levies and puts them in auction) to mount a legal challenge to get the goods back to their rightful owner and NOT for him to defend that decision whilst seizing the goods

Edited July 9, 2009 by diddydicky

[UnitedFront]

i did not say they could take ANY property

 

my reference was to any property jointly owned by man and wife

Sorry mate, I missread your post.... my mistake.

 

Just I know how confusing these things can be lol.

 

I take what you say about Husband and Wife too, I hadn't thought about it like that.... you're right though, if they couldn't touch the wife's stuff then they could never take anything lol.

 

I guess that's why the extract I quoted before only refers to "partner"

 

Thanks for clearing that up for me

 

UF

[diddydicky]

no probs

[decky75]

Hi i have had several posts on here now and kinda getting the hang of things.

first posted begining of july help with baliffs and council tax,

got quiet scarred but managed to sort it out and got my debt back to council i was advised that my council tax would be statute barred because it was for 2001/2002 i have been in contact with my council who say it is not statute barred because a court order had been obtained back then does this still appy? is the debt statute barred? or should i just pay it.

[decky75]

forgot to ask would i have gotten a copy of this court order or been notified about it as i have not seen one this is the first i have heard of a court order

should i ask them for a copy of it and what date it was obtained?

[UnitedFront]

Someone will correct me if I'm wrong but my understanding is that tax debts do no fall under the statute of limitations and, thus, cannot be statute barred.

 

Also, if they have a court order, then unless the order states otherwise, my understanding is that this lasts forever. Although they may have to explain to the court why it has taken them so long to act upon it.

 

In short (and someone will correct me if I'm wrong) council tax really is one of the debts that is hardest to fight and should be treated as a priority.

 

Have you tried to arrange a payment plan with the Bailiff company or directly with the council? What is the history in your case.. as in, what has happened so far?

 

I have had many dealings with Councils and Bailiffs re council tax. There are normally ways and means of getting things sorted.

 

Cheers

UF

[dx100uk]

all correct

 

CTAX cannot be statute barred

 

get it paid, this has been going on long enough they already have a liability order, and are being rather nice by taking it back..

 

are you on benefits or alike?

 

dx

[decky75]

thanks for replies

yes we are on benefits i called a lady a couple of weeks ago a solicitor got her number from this forum and she said that it would probably be statute barred

i have a payment plan now in place which is fine and paying it i was just wondering out of interest if it was or not

the council say it is not but they dont state that council tax cannot be statute barred,

thanks for help

[dx100uk]

good luck

 

and keep that payment plan going, if you get into bother, TELL THEM FIRST, dont bury your head.

 

dx