Coucil tax account and bailiff charges

[hallowitch]

your fees are wrong when i get home from Holiday(Saturday ) and on to my own lappy i will work them out for you

[hallowitch]

account 1

Bailiff fees First visit 02/12/08 £24.50

account 2

Bailiff Fees First Visit 02/12/08 £24.50

a bailiff cant charge multiple charges therefore this charge is correct for account 1 but not account 2

 

posted paperwork through the letter box, including an Inventory of Goods Seized notice. They must have looked through the window to record items to levy. do you still have this

account 1

Levy Fee 15/01/09 £44.00

Redemption Fee 15/01/09 £24.50

account 2

Levy Fee 15/01/09 £45.00

these fees are unlawful

1) because the bailiff levied through the window

2) the goods did not belong to you

3) the bailiff should have added the amount of both liability orders together and charged1 levy fee for both accounts

 

account 1

Van Fee 09/09/09 £230.00

there is no such thing as a van fee

the bailiff can charge reasonable cost for this the cost to hire the van diesel costs (a maximum of 50 miles i think )however as both levies are invalid this fee cant be charged

account 1

Levy Fee 02/06/09 £44.00

account2

Levy Fee 02/06/09 £45.00

 

both these levy are unlawful

1 because the are levied on exempt goods (do you still have notice of seizure)

2) as 3 above

3) cant have 2 levies on same account

 

 

it is very complicated this one so i hope you understand my breakdown if you don't just ask

 

in my opinion you bailiff fees for both accounts should be

 

1st visit fee £24.50 this cover both accounts

Second Visit 31/12/08 £18.00 this is correct

Second Visit 06/01/09 £18.00 this is correct however i would question why both 2nd visits were not done on same day looks a bit sus to me (a week apart)

total bailiff fees for both accounts £60.50

[hallowitch]

no hurry post them when you can

as slimrabbit and said seanamarts have said the 2nd levy is invalid and i suspect this is why the bailiff did not want you to sign it its littered with exempt goods

was your 1st levy taken through the window

 

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

List A

 

1) The following articles belonging to a debtor shall be exempt from distress at the instance of a creditor in respect of a debt due to him by the debtor-

a) clothing reasonably required for the use of the debtor or any member of the debtor's household;

b) implements, tools of trade, books or other equipment including a car or van reasonably required for the use of the debtor or any member of the debtor's household in the practice of the debtor's or such member's profession, trade or business, not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;

c) medical aids or medical equipment reasonably required for the use of the debtor or any member of his household;

d) books or other articles including a computer reasonably required for the education or training of the debtor or any member of the debtor's household not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;

e) toys for the use of any child who is a member of the debtor's household;

f) articles reasonably required for the care or upbringing of a child who is a member of the debtor's household.

 

2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

We consider that under 1(b) and 1(d) the preferable aggregate value might be £1500.

[hallowitch]

both levies defiantly invalid

 

EVANS v SOUTH RIBBLE BOROUGH COUNCIL (1991)

 

 

 

Background:

This case was an Appeal by a Community Charge payer against the decision of the Magistrates Court that had dismissed her complaint against the bailiffs that had levied on goods on behalf of her local authority: South Ribble Borough Council.

 

The bailiff had attended at Mrs Evans property for £341 of arrears. Mrs Evans was not at home when the bailiff visited, the bailiff then posted an envelope through her letter box containing a notice of Distress, a draft Walking Possession agreement signed by the bailiff and requiring Mrs Evan’s signature and return plus various other documents that explained the methods of payment, and the amount of the debt.

 

Mrs Evans did not return the Walking Possession; instead she sought legal advice about this method of seizure.

 

 

In his Judgment Mr Justice Simon Brown, reviewed the law and he concluded the following:

• “Once entry is made, very little in the way of seizure and impounding is required…...but there must in the first instance be an entry (into the property), thus: "it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress”
  

And that: the process of distress consists ofthree stages;

· the entryinto the premises,

· the seizureof the goods

· the subsequent securing of the goods (generally called impounding)

 

 

In your case the bailiff has clearly made an external inspection without gaining entry into the property and that this cannot therefore be a valid levy as provided in the case of Evans v South Ribble and that you should be refunded any fees and charges applied to your account by return. In addition, the remaining nominal items or garden furniture are of worthless value.

__________________

[hallowitch]

makes no difference that the bailiff gained entry for 2nd levy the fact that he is trying to charge for 2 levy on 1 liability order is wrong

 

your 1st levy was taken through the window

your 2nd levy has exempt goods on it

this makes both levies invalid it also makes you wonder why the bailiff didn't want you to sign the 2nd levy and why he wanted a 2nd levy if he thought his first was lawful