council tax bailiff help please

[honey**]

i missed a payment on an arangement will bailiffs last month as my husband is self employed and he has some health problems.

 

nasy man turned up today i tried to give him last months and this months not due yet but he refused,he blocked my husbands car i tried to explain i start a new job tommorow he was very nasty and called me a liar.

 

the debt is £299

 

i can manage £100 this week and the balance on 24th of the month

he refused

wants it all by the weekend

 

in total honestly we have had so many money problems this last year,we have very little left to sell bar the old car (then cant work) or the furniture in the house.

 

im seriously considering this right now that or running away forever!

 

anyway have checked on the link for the court and he doesnt come up,have also tried ringing the number to check the list but cant get a human.

 

any suggestions right now *apart from a bus lol* would be very welcome

Edited August 14, 2009 by honey**

[honey**]

sorry should add he levvied husbands car in may and no he has not been in the house.

 

many thanks in advance

[hallowitch]

text him don't let him bully you

 

is your hubby's car registered with insurance as a work car

[honey**]

ermmm im not sure it is registered for him to drive to and from a work place i think.

 

i know im letting him bully me but i think if i text him it will make him come back for the car even faster.i need to be 100% sure.

 

i am trying to raise the money right now but i think im not going to do it for tommorow,in fact i know im not .

tried to tell him this he said he would come right away then

[ambershadow]

If the car is your husbands and the debt is in your name he can't take the car....

 

All bailiffs do this bully thinking you don't know your rights.. well you have come to the right place and we will help you

[honey**]

ahhh debt is in joint names

 

is there a court i can ring to check if bailiff is certificated

[hallowitch]

posted by tomtubby on other thread

 

have checked the list myself and have found that they have 10 bailiff's listed as being certificated.

 

In the search box you need to put the following:

 

Hammond Hillman Ltd

[honey**]

thankyou hallow i have found the list of 10 but my baillif isnt on the list.

[honey**]

ohhh my i just thought i told him where i start work on a new contrat tommorow is he likely to turn up there ?

[hallowitch]

no he is not

[honey**]

thanks please excuse typo,s today my head is all over the place

i will ring the company direct and pay half tommorow

so i just need to confirm if he is certificated and play for time until i can pay the rest in about 10 days

Edited August 14, 2009 by honey**

[hallowitch]

the debt is £299

did you confirm with the council the amount of the liability order that was passed to the bailiff

if the bailiff is not certificated then yes he cannot add charges

[honey**]

The orginal debt before passing to hh ltd is £149 with costs from baillif £349 of which i have paid £50 so now £299.

 

im wondering how likely it is that he isnt certified as he is not on the court list?? but i see its not completely up to date.

[hallowitch]

let me get this right i think (know) your bailiffs charges are wrong

you owed the council £149

do you know how many visits( if any )the bailiff had made before the visit he made when he levied on the car

after the levy what was the total amount if he made 2 visits then a further visit to levy it should be £ 217.50

up until today how much have you paid the bailiff

 

 

 

1st visit fee £24.50 if no levy

2nd visit fee £18 again if no levy

walking possession agreement fee £12

levy fee on a debt of £149 £14 approx

total debt owing before todays visit for bailiffs fees £68.50

total owing including council tax £217 50

[honey**]

ok this is the costs on the distress notice; seizure of goods inventory

 

total as per order:149.59

visit fee 24.50

2nd visit fee 18.00

removal attendan 120.00

levy fee 37.00

 

total £349

 

just to add before today i have never met the man a letter and a distress notice were shoved throught the door the same day when i was in and i rang him straight away but he doesnt knock.

[hallowitch]

removal attendan £120.00 when was this added

 

visit fee 24.50

2nd visit fee 18.00

were any of these fees added the same day as the levy

levy fee 37.00 the most this can bee including the the walking possession fee is £26

 

it should read like this

walking possession agreement fee £12

levy fee £14

[honey**]

i think the levvy was made on the 27th of may and removel attendance the same day.

[hallowitch]

just to add before today i have never met the man a letter and a distress notice were shoved thought the door the same day when i was in and i rang him straight away but he doesn't knock.

 

 

that answers my question if this was his first visit then up until today the most you should have had in charges is

the walking possession fee and the levy fee approx £26

 

removal attendan £120.00

if this fee was added today i would also question it

legislation says a bailiff can charge reasonable cost for attending to remove(in a van) when no goods are removed

so if your bailiff came today in his car to remove your car then he cant claim costs for this because there were no costs involved

[hallowitch]

i think the levvy was made on the 27th of may and removal attendance the same day

they cant charge that fee on the same day as the levy

[honey**]

no he has never visited in any thing other then his car as far as i can see

 

saw him driiving off once and today in the same car.

[honey**]

i tried ringing the courts earlier to check if this guy is certified

[honey**]

thank you hallow here is fine

Edited August 14, 2009 by honey**

[hallowitch]

going to make a coffee then i will write a letter for you to send to the council and bailiff send it to both by e-mail and recorded delivery letter

[honey**]

thank you muchly

 

only thing is im working all day tommorow i will have to try and ring them on a break and pay on my card.

[hallowitch]

I have made a payment today of £126 i firmly believe that this payment should fulfil my obligation to the council for my council tax arrears and yourselves for my bailiffs charges total payment now made £176

 

I have today taken advice from various debt help organisations I therefor now believe some of the bailiffs charges may be wrong I have also checked the Ministry of Justice web site and Mr Stephen harper does not appear on this register

I do understand this register may not be fully up to date I will require you to supply when and at what court Mr harper was certificated

 

 

I have been charged for two visits £42.50 in total I believe these visits did not take place as no notification was left at my home to say a bailiff had called

 

I have been charged a levy fee of £37 and a removal/ attendance fee of £ 120.00 both these charges were added on (date)

I believe The Council tax (administrating and enforcement )regulations 1992

do not allow a removal/enforcement fee to be applied if there is no levy

and if there is a levy and walking possession agreement fee no other charges may be added on the same day

I have paid £27 in fees broken down as

walking possession fee £12

levy fee £ 15 12.5% of the first £100 and 4% of the remaining £49

 

I an not however refusing to pay the remainder of these fees

but until i receive the information i require about Mr harper proof of your two visits and conformation that the removal fee and levy fee can be added the same day and are correct according to the above legislation a screen shot of my account that will be passed to my solicitors I will then pay the remader of the charges or make a formal complaint depending on his advice

 

A copy of this e-mail will follow by recorded delivery letter and sent to the council by both e-mail and recorded delivery letter

Edited August 14, 2009 by hallowitch