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Advice need with council tax bailiffs


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Hi...i need some advice.

I've just had a visit from Ross & Roberts bailiffs for council tax arrears....like a fool i let them in and they did a walking possesion agreement after i paid then the sum of 400 pounds.

 

The things is they listed goods that dont belong to me...they do infact belong to my half brother who stores them at my house as he works abroad all the time.

I stated this to the bailiff and he declared he could still remove them and we would have to prove it after...is this correct?

 

They also charged me for 2 visits although i have only seen them once and they stated they had been 3 times??

 

I am a single parent on sickness benefit and they want 50 pounds a month off me which is going to be a struggle...is there anything i can do?

 

Any help is appreciated.

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Firstly, try not to panic! An expert on these matters will no doubt be along shortly but first instincts are:

 

The levy will be unlawful as the goods do not belong you. I believe you should try to obtain a signed declaration from your half-brother stating that the goods in question solely belong to him.

 

The bailiffs can only charge for 2 visits so makes no odds how many they say they visit.

 

As a single parent on benefits you should be classified as a "vulnerable person" and, as such, should request that the Council in question take back the debt from the bailiffs and you will only then be required to pay a minimum amount from your benefits.

 

Just a thought! Were you sent any written notice from the Council that they were transferring debt to bailiffs for collection? Do you know the amount of the Liability Order, etc?? Check with Council to see if bailiffs have added unlawful charges to your account.

 

Hope this helps until someone more experienced comes along.

 

 

Impecunious! :)

Believing in positive mental attitude!

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Thanks for the swift reply.

 

The original council tax debt stated on a letter in july was £760.35.

 

The bailiffs statement says it is £781.51 + £48 levy fee + £12 statutory walking possesion fee + £24.50 1st visit fee + £18.00 2nd visit fee.

 

This is the first time they have visited.

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The charges definitely look wrong. If they've only visited once, they obviously can't charge for two visits, plus a levy charge. I believe that should only be about £10-12 for the levy charge.

 

I think your kitchen table is an essential piece of furniture but they may be able to levy on your kitchen chairs if you have other chairs/sofa sufficient to meet the requirements of your family (if you have one). For example, if you're married and have 3 children - the bailiffs would have to leave you with seating for 5 people. What other items are listed on the levy??

 

Impecunious! :)

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you need to write/ phone /e-mail the council and find out how much the liability order was for and the date it was sent to the bailiffs

 

you need to write e-mail Ross & Roberts for a breakdown of your charges(screenshot) you want the amount of each charge the reason for each charge the time and date each charge was added and the name of the bailiff who added each charge

 

£781.51 + £48 levy fee

 

the levy fee for this debt is £36

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My brother will be here tomorrow and he has to take his 2 laptops back to work with him.

 

Is there a template for an appropriate decleration of ownership?

 

I'm not too good at wording such things.

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Guest Happy Contrails

 

I am a single parent on sickness benefit

 

 

Tell the bailiff and council you are classed a vulnerable person for the purposes of civil enforcement and enforcement must cease: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

 

And send this letter to the council

 

 

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I therefore ask this case be taken back into council administration within seven (7) days of the date of this letter and confirm in writing to me at the above address.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

 

 

Is there a template for an appropriate decleration of ownership?

 

 

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME]: Notice of Ownership

 

I write to you understanding you or your firm of bailiffs has seized, or is intending to seize [CHATTELS/A VEHICLE] or other property belonging to me at the above-mentioned address as collateral for an alleged debt belonging to somebody else.

 

I confirm that I am the lawful owner of the aforesaid property and contents and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property. This means both you and anyone acting for you are now unable to consider my goods to be prima facie the property of anyone else.

 

Please be advised that any attempt to subvert or rebuke this notice will result in a Form 4 complaint being automatically filed at the certificating court along with an application for costs without contacting you further. Both you as a firm and your bailiff may also be criminally liable for committing offences under Section 2 and 4 of the Fraud Act 2006 and any criminal element to this matter will be passed to the police.

 

This document is delivered by Royal Mail and I deem it to be served upon you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore it is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

 

YOUR NAME

 

£48 levy is not allowed. The Council Tax (Administration and Enforcement) Regulations 1992 only provides £24.50 and £18.00 nothing else provided no goods have been transported in a vehicle by a bailiff.

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Thanks for the advice Happy, i am a single parent and claiming for what will soon be classed as a disability...they have acted inappropriately for sure.

 

 

many thanks.

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Guest Happy Contrails

The law prescribing bailiffs fees for collecting unpaid biz rates is: Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 and The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006

 

Broadly speaking it provides:

 

1st Visit £24.50

2nd Visit £18.00

 

A visit means making contact with you, not just pushing a document through your letterbox and running off.

 

For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable)

 

Sum recovered up to £100 - £15.00

£100 to £400 - 4%

£400 to £1500 - 2.5%

£1500 to £8000 - 1%

£8000 and above - Quarter of 1%

The law does nor provide for bailiffs to add VAT to these fees.

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Can I suggest you contact these people as you are classed as vulnerable, they have been a great help to people in your situation

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

The advice given in here is in no doubt very valuable and helpful, but the people at this organization can help sort out paperwork and they are a friendly voice down the phone also And I say the more people helping the better :)

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they cant levy on your childrens belongings, ie playstation xbox wii or the games. so levy could be invalid. someone with more experience than me will comfirm this.
they can Levey on these things when they say child's toys they mean things like Lego and dolls etc the bailiff I'm dealing with also levied on my table and chairs and i was told by the council that yes they can Levey on these if you have other means of seating..it really p*****me off knowing this as i have 3 small children and a table and chairs is essential to them for eating their food off my youngest would get more food on the floor than in her mouth if trying to eat sitting on the floor lol
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they can Levey on these things when they say child's toys they mean things like Lego and dolls etc

They cannot levy on any childs toy, they can only levy items that belong to you and only you, childrens toys belong to the child and unless they are also on the liability order which I highly doubt lol, If he has put your childrens toys on the levy then he is in some trouble

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here we go just found a list of what they cant take..

Statutory Regulations state that the following items are exempt and must not 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".

Because the above list is so vague, and not very specific, we have reviewed over 75 contracts between local authorities and their relevant bailiff companies to see what items are listed by the majority of councils as being exempt. These items are as follows:

• Goods of minimal or no resale value

• Food items, cooking utensils

• Items that would leave family unable to prepare a hot meal.

• Heating appliances

• Children’s items, toys, prams (but computers and bikes can be taken)

• Disability items to be used to care for the sick

• Medical aids or medical equipment

• Items purchased using money from Social Fund

• Refrigerators

• The main form of cooking: if you have a cooker and microwave, the bailiff could take the microwave. If you only have a microwave then this must not be seized.

• Washing machine, vacuum cleaner

• Personal items: such as family photographs/pictures.

• Items of minimal value, and or broken items.

• Goods either rented, or hired.

hope this helps..

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computers belonging to children cant be taken if the child is using them for education. playstations etc are not computers they are to play games.they are classed as toys, what age rating are the games he has levied on..

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In Consumer WiKi you should find a template Statutory Declaration.

 

This needs to be completed by your brother and witnesses by a solicitor. They charge a fee of just £5 to witness. No appointment is necessary.

 

If you are on sickness benefit you should be considered :vulnerable" according to the National Standards for Enforcement Agents and the bailiff company should therefore be returning the debt back to the council.

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