Council Tax Bailiffs levied on friends car in my drive while away. **RESOLVED COUNCIL REMOVED FEES AND ACCEPTED £25PCM**

[Isiris]

While I have been away, a bailiff has been to our home re council tax. The council tax bill is in my name.

 

I owe 347.65 and he has added 35 Levy Fee and 110 Attendance van fee.

 

He has left a Notice of Distress and address to me and All Others who it may concern.

 

He has left an Inventory which states my friends car (he left it here as we got a taxi from my house to the air port) and my wifes car. None of these are in my name.

 

It is Rossendales. The Inventory is obviously not signed by me but only the bailiff.

 

Where do I stand please ....

Edited September 3, 2009 by Isiris

[BlurredFX]

You stand in good stead, I believe.

 

They can charge £26 for a first visit, and £18 for a second if they have not obtained a levy, if I understand it correctly.

 

If they are adding extras for stuff that doesn't belong to you etc etc, they can get lost. If they have levy'd incorrectly, and from what you say they have, the expenses are down to them and no one else.

 

There are loads of tricks they might try from here, so I would suggest getting in touch with your Local Authority.

 

THEY (the LA) ARE RESPONSIBLE FOR THE BAILLIFS ACTIONS. They employ them, so they are responsible. If they employed me to do some plumbing in your house, they would be responsible if I messed it up (I am a salesman, so I would cock it up lol).

 

Speak to the Council, point out the errors in their levy's, the inappropriate charges, and see what they say.

 

Nothing you have said surprises me, but what they will try next is anyones guess - but it can be dealt with. Keep on at this place, and you should find the answers.

 

Essentiallly, I think you should make it your first priority to let the Council know they have levy'd on goods that don't belong to you and ask them how to proceed and/or instruct their sub-contractors to act in the correct, legal manner. You will get a load of rubbish back, but come and tell us the rubbish and deal with it from there.

 

You must offer them the opportunity to correct their mistakes. If they don't then it sounds to me like it is getting towards Form 4 time, which potentially invloves the Baillif losing his job (hold back the tears). But I think that is a long way off, and should be sorted long before then.

 

You need to force them (the Council, not their sub-contractors) to give you a legitimate balance, and then pay it or agree to pay it over a period of time that reflects your circumstances.

 

Hope this helps.

[Isiris]

Will be on the phone tomorrow

 

Just a sub note though, is my wife responsible for the debt or just me, as that is all the council tax has ever been in, my name

 

Thanks for the response as well

[BlurredFX]

I think not. If it is in your name, it is down to you I think - I am fairly sure of that but please clarify with others.

 

Do not expect lots of help from the Council, they will give bland answers and dodge the question, but you must speak to them first.

 

Sleep well and come back tomorrow. This can be dealt with, just not in a few minutes, that's all.

[Sugarplum*]

They can only do an inventory if they have been given peaceful access, they cannot levy on your friends car, and you can prove that it is not yours.

 

The Council will advise you to contact the bailiffs as they have referred it on to them to deal with, but you can request a breakdown of the charges etc and what they are for, and also dispute in writing.

 

And if the council tax is in your name - you are the liable party.

[ambershadow]

Yes I can also verify your responsable I have te same thing and Only I am Liable

[tomtubby]

The bailiff can only apply a levy to goods owned by the person named on the Laibility Order. However there is case law that provides that a bailiff can ASSUME that goods belong to you and the ONUS OF PROOF is on YOU and NOT the bailiff to prove otherwise.

 

You need to WRITE to Rossendales to advise them that the car is not yours and that a simple DVLA search will reveal this.

 

In addition the purpose of the visit was to levy upon goods....NOT to remove and therefore the bailiff should NOT be applying an "attending to remove" fee !!

[Isiris]

Thanks for your reply. Am I write in thinking though that he cant levy on anything if I am not there to sign the walking possesion?

 

I have done as you advised by PM too.

[tomtubby]

A bailiff can indeed levy in your absence. SORRY...

 

If a bailiff comes into your home then he will get you to complete a Walking Possession and this will need to be signed by both parties.

[BlurredFX]

I have done as you advised by PM too.

In addition the purpose of the visit was to levy upon goods....NOT to remove and therefore the bailiff should NOT be applying an "attending to remove" fee !!

I like that!

 

Yep they are being unreasonable, you need to get your Council to see this and this should at least put them on the back foot while you address your situation.

 

I should be a bit more pro-active about mine to be honest! But I have been in Hospital, so will be getting a bit more active hence...

 

Keep us posted.

[Isiris]

Delayed update

 

Pointed out to the council that:-

1. the bailiff wasnt on the bailiffs register

2. that the goods were not mine

3. that the attendance van was not needed as their was no WP in place.

 

Amzingly, they have called off the bailiff, cancelled any fees and accepted 25 a month

[BlurredFX]

WELL DONE!!

 

That gives me heart to get on with mine!

[wonkeydonkey]

Delayed update

 

Pointed out to the council that:-

1. the bailiff wasnt on the bailiffs register

2. that the goods were not mine

3. that the attendance van was not needed as their was no WP in place.

 

Amzingly, they have called off the bailiff, cancelled any fees and accepted 25 a month

 

well done to you:Dfighting back gives satisfaction dont you think?