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bailiff phoning this morning please help


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no they havent seize the car cause ive hidden it

 

the bailiff i phoned and asked what the enforcement fee said it was for removal so if they havent removed they cant charge me is that right

 

thanks for replying in my hour of need

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Distress for Rent Rules 1988 section 12 paragraph 2 and 3:

(2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.

 

(3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules.

Thats the law, if they havent made a levy on any goods as set out above, they CANT charge you removal or enforcement fees or what ever they want to call it. I think someone gave you the scale of fees they can charge you for council tax collection, unless they have levied as above they cant charge you anything else. What they will want to do now is get thier hands on your car or get in your house....dont let them! ;)

Going to work now but good luck! x

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head honcho at the bailiffs just called

 

asked about the enforcement fee she said bailiff was in attendance to rmove goods when she got a call from the council asking to halt proceedings on this case

 

this is a blatant lie as i did not phone councillor until 4.30 on friday who then phoned the council on my behalf

 

no joy really said she wasnt sure about holding off action now and was going back to the council to speak to them

 

phoned my councillor again told me to see what happens said he was gonna chase up chief exec again

 

when i said about charging me twice on one day she said she wasnt sure what had been charged but obviously the bailiff nows what they are an arn't allowed to charge

 

told her about bailiff asking me to ask family for money and i said that i was well within my rights to report her to oft

 

later she said well its sounds like you wanna take this matter further

 

i deem that as a threat

 

unfortunetly didnt get to record the call

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asked about the enforcement fee she said bailiff was in attendance to remove goods when she got a call from the council asking to halt proceedings on this case

 

regardless of whether the levy is legal or not there was no levy in place before she arrived at your house that day so cant charge an attendance to remove goods fee

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Dear mrsboop

 

I hope that all went well yesterday.

 

If the council tax debt is only in your name then the bailiffs can only charge you, but they can seize goods that belong to someone else if they are there unless you can prove that they are someone else's. If the car has HP or a loan on it then they cannot levy on it.

 

My husband has got into arrears with our council tax last year and so that debt is in his name. The council tax for this current year however, in in joint names so we are both liable for the debt.

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It is comforting to know that I'm not the only one who has a shonky baliff company to deal with! I know that it doesn't help. If you have time, them go to CAB, if not then try elsewhere as our local CAB are always very busy.

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Ok, so on the second visit you got a notice of seizure with your husbands car as being listed as seized?

 

Now if that is the case I think they can charge you with attendence to remove even when no goods are removed.

They should really have filled in FORM 9 removal expenses also but not sure if that is when they actually move the car or for just attending to remove it.

You must get clarification from somewhere about your husbands car, you need to make sure that he is not liable for the bailiffs debt collection because if he is and they can lawfully seize his car, then you cant move it from your home, when something is seized it becomes the property of the bailiff or council (not quite sure if its council or bailiff) but basicly your ment to leave it there. It may say something about that on your FORM 7 notice of seizure.

you MUST find out, if you can, where you stand with this buisness of the car being in your husbands name, if you read what i put on from oxford council, that says hes liable for the council tax even if hes not on the bill and thats the same rule for every council in England And Wales, but is he liable for the bailiffs costs??....Thats something we really need to clear up.

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thank you to everyone who hepled with advice or support i could not have done it without

 

i think that what did it was

 

1. asking for a complete breakdown of charges

 

2. said about bailiff asking me to ask friends and family for money told her i had it on tape and was well within my rights to report her to oft, trading standards and ministry of justice.

 

she soon phoned me back and WAIVED the enforcement fee

 

thank you all once more

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