Chandlers Limited - wonderful people!

[baurluvva]

Hi all and thank you for any assistance in advance.......

 

My wife has been suffering with a medical condition which led me to work part time back in Nov 08 up until approx 1 month ago.

As with most things we became lax with payments to council tax and subsequently received a letter dated 6/10/09 from Chandlers referring to a liability order and bailiffs attendance for the sum of £737.50 on the 9th I sent the letter requesting a breakdown of costs levied - NO ANSWER as of 22/10/09

On the 10th we received another letter for £1134.76 plus statutory fee of £24.50 totalling £1159.26

On the 20th a FINAL NOTICE in big red letters giving total amount of £547.50

 

It doesn't seem as though they have a clue! - They also returned a cheque that was sent as first instalment - saying payment in full only as it has gone too far for an arrangement

 

I also have written to the council on 9th Oct requesting an account of arrears, but no response as yet.

 

The final demand letter states they will be calling next week to collect goods and chattels - Heeeeeeeeeeelp!

[ploddertom]

Hi all and thank you for any assistance in advance.......

 

My wife has been suffering with a medical condition which led me to work part time back in Nov 08 up until approx 1 month ago.

As with most things we became lax with payments to council tax and subsequently received a letter dated 6/10/09 from Chandlers referring to a liability order and bailiffs attendance for the sum of £737.50 on the 9th I sent the letter requesting a breakdown of costs levied - NO ANSWER as of 22/10/09

On the 10th we received another letter for £1134.76 plus statutory fee of £24.50 totalling £1159.26

On the 20th a FINAL NOTICE in big red letters giving total amount of £547.50

 

It doesn't seem as though they have a clue! - They also returned a cheque that was sent as first instalment - saying payment in full only as it has gone too far for an arrangement

 

I also have written to the council on 9th Oct requesting an account of arrears, but no response as yet.

 

The final demand letter states they will be calling next week to collect goods and chattels - Heeeeeeeeeeelp!

 

1. Get on to the Council and ask what total amount your Liability Order is for and what sum is still outstanding. As far as I know they can do this over the phone or by email.

 

2. The Bailiff company has to give you a breakdown of your account and also ask for a screenshot of your account. This lists all visits and relative charges that have been loaded to yourselves.

 

3. Has a Bailiff called at your house yet. If no then on no account allow him access, he will lie and cheat to get access. If you have a car then move it away and make sure there is nothing of value lying loose outside that he could levy on..

 

4. You do not have to deal with the Bailiff, you can pay the Council online. You may still become liable to pay his fees for 2 visits - max charge £42-50. But as long as he doesn't get in then he cannot charge any more.

 

5. He is not allowed to break in unless he has previously gained peaceful access and even then he has to notify you. He can't have you arrested. He is full of hot air and bluster.

 

6. There is a good chance you are classed as vulnerable in which case you should be referred back to the Council.

 

7. Read some of the recent posts today which have postings from Happy Contrails.

 

PT

[baurluvva]

Received another letter today!! This time from the council......

 

Quote

I refer to the above (address) and your letter received 9th oct 2009 with regards your account with chandlers

 

I can advise that as you have 2 accounts with chandlers, one of which has been with them since aug 2009 ( ibelieve that they mean 2008), I am unable to return this account to enable you to pay the swindon borough council

 

You will need to continue paying chandlers until you have cleared the debt on this account.

End quote

 

Looks like I will have to write again to confirm

1. the reference numbers for both cases

2. balance due on both

 

Then pay direct by standing order - Is that correct they cannot refuse?

 

I dont want to deal with chandlers

[Guest Happy Contrails]

See if you can trip them up on unlawful fees. If they do then the bailiff's goose is cooked and you can get the account back into council administration.

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit. He can charge a further £18 for a second visit. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

The following procedure currently has a 100% success rate. The letter below asks the bailiff to pass a truth-test. Three things can happen, 1) The bailiff can try to convince you his fees comply with legislation – and you now have a written confession he intended to defraud you. 2) He can refund you – and this is mitigation the bailiff intended to defraud you. 3) No reply – you can proceed with litigation against bailiff and council. In any event, you have caught the bailiff with pants at half mast with this letter.

 

The Bailiff Company

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

Copied to: [NAME OF COUNCIL]

[baurluvva]

Received a letter from bailiffs quoting 2 accounts stating ORIGINAL balance due on ref no 1160011 of £487 plus £42.50 fees not dated

account 2 1171842 £1134.76 plus £42.50 fees again not dated

 

No letter back yet from council!

 

Having checked all old paperwork it seems that my wife had previously signed a walking possesion order and subsequently paid a great deal of the arrears off - although since then my wife suffered her health issue, meaning no work etc. etc.

 

I have read also on another thread that they cannot take settees or seating from the home (the walking possession order listed:- TV, TV unit, vcr,dvd, 2seater settee, 3 seater settee, wooden corner unit, 2 coffee tables) Does this make the order illegal/incorrect?

 

Also I have read that my wife may be considered vulnerable regarding her health and the fact that she has been signed off from work now for the last 9 months - would a letter from the doctor help?

 

Please all advice needed as these sub humans are stating that they are coming friday to collect goods

[hallowitch]

have read also on another thread that they cannot take settees or seating from the home (the walking possession order listed:- TV, TV unit, vcr,dvd, 2seater settee, 3 seater settee, wooden corner unit, 2 coffee tables) Does this make the order illegal/incorrect?

 

the settees should not be on the levy if when removed you and your family would have no where to sit and if this is the case it should invalidate the levy

Irregular Distress (Levy) by Bailiffs

With thanks to Tomtubby

[edit]MRS AMBROSE v NOTTINHGAM CITY COUNCIL

This is another well known legal cases that has been relied upon many times when either issuing proceedings, or one that can be referred to when writing a letter of complaint. This case concerns a lady by the name of Mrs Ambrose who claimed that a levy (distress) was irregular as bailiffs had removed goods from the home that were necessary for “providing the basic domestic needs of the family”

Background:

Mrs Ambrose and her husband had an unpaid Council Tax bill for £851.00 owing to Nottingham City Council. In September 2003, Rossendale’s Bailiffs attended at their home to levy distress on goods. Rossendale’s had entered the property, where they identified items that were listed on a Walking Possession. Next to those items listed, the bailiff wrote the words: “and all other goods on the premises unless exempt or specially exempt by statute.” The bailiff had not looked around the house; he had merely entered one room and was therefore unable to see which items were “exempt”

Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 lists the following items as being exempt from seizure:

"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".

As the Council Tax remained unpaid, the bailiff returned with a van to seize furniture that included a sofa, footstool and two dining chairs.

District Judge Cooper agreed that the seizure was irregular as the bailiff had removed furniture that was necessary for “satisfying the basic domestic needs of Mrs Ambrose and her family” This was because, amongst other items removed, the bailiffs had removed 2 dining chairs. They left behind the table and the remaining two chairs. As the family consisted of Mrs & Mrs Ambrose and one child, the bailiffs should have left seating for 3 people, not two.

Nottingham City Council had argued that there could not be any irregularity as Mrs Ambrose had signed the Walking Possession. This was rejected by Judge Cooper who agreed that Mrs Ambrose was faced with the prospect of having her goods removed unless she signed the Walking Possession.

As important as the above is, the Judge also agreed that the wording on the Walking Possession was deficient in that the reference to “all other goods on the premises unless exempt” did not specify what those other goods were, and which ones were exempt. The Judge agreed that the levy was also irregular for this reason.

__________________

[baurluvva]

Does this mean that the signature on the walking possession order will not be valid also ie: they have no legal walking possession order?

[baurluvva]

HELP PLEASE

 

I need to confirm whether or not the bailiffs can legally break in as they were incorrectly claiming details on walking possession order........... anyone? they are coming friday!