Bailiff take 1200 pounds for 400 pounds council tax.

[Duluskov]

Bailiff came to my house for unpaid council tax and he wants take my car? I am register disable owner of that car. He came with warrant issued for removed name . I try explain that I am different person but he told that I used live at my previsious adress and not paid £416 pounds for council tax and he asked me to pay £1200 pounds tohim or he teke my register disable car with blue badge. I paid to him from credit card because I cannot wak without my car. He also give me reciept with not my name on it removed name. My name is removed name. I was at council and try explain them that I always pay my council tax by direct debit and I haven't recurve that bill for 400 pounds on my name because I used live there only three month and after I move to my current adress.

Can I claim to my credit card for fraud transaction for refund that

1200 pounds.? Can I ask council to issue

to me new bill with my correct name on it for that old adress and pay only 400 pounds without any fee. Can bailiff removed register disable car from my house?

Edited October 31, 2009 by IdaInFife
removed name for personal safety

[Guest Happy Contrails]

Can I claim to my credit card for fraud transaction for refund that

1200 pounds.?

 

Can I ask council to issue to me new bill with my correct name on it for that old adress and pay only 400 pounds without any fee.

 

Can bailiff removed register disable car from my house?

 

 

1. Yes, this is called chargeback. Where a merchant makes a false representation to obtain a credit transfer under false pretences you have a right to a refund from your bank under Section 75 of the Consumer Credit Act 1974. Contact your bank. The law only provides for bailiffs toge you a fee £24.50. You are not liable for this other £600-odd in bailiffs fees. it appears the bailiff is defrauding you. Do you have a receipt from the bailiff showing £1200 fees?

 

2. Yes you can but a typo in your name on the account does not invalidate a liability.

 

3. Yes, but not if it is a mobility car, or the car is on finance, HP etc. If you are vulnerable person then contact the council immediately and tell them of your status as a vulnerable person for the purposes of civil enforcement.

 

A vulnerable person means 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

[IdaInFife]

I have removed the names in your post to protect yourself

 

ida x

[IdaInFife]

just for clarification it looks to me as mispelt as very similar and op lived at the previous address

 

ida x

[Duluskov]

I was at the council to try resolve it. Council said it was my bill with my wrong spelling name. I told them that it was temporary accomadion issued to me by the council and why they send me bill with wrong name? They told that I am enough intellegent to see that is my bill. I am disable

and my wife open only letters for my name, because it was flat with 90 percents of different names not to belongs to us. When I moved to my current adres council send my fist council bill only after 6 month and I start pay without any problems. I didn't noticed that I have to pay for old adres 416 pounds until bailiff came to seize my car. I also called to police about it. I showed to pc my id and v5 with my correct name but pc ask me to prove that I paid my current tax bill but bailiff told for him dose

nt matter and he is truck on the way. pc told me I have to go to council for resolve that. I asked him how disable person with leg can go to council 9 miles without car? Pc told me bailiff have allrights to take

my car. I was have shock about it and asked bailiff to stop it because i was think that name don't belongs to me. Bailiff told me that I have to pay£1200 pounds but it is to late now because his truck on the way to me. I was panic and show to him my blue badge and ask him to stop that track for my car because I am disable and I am ready to paid that 1200. Police also asked bailiff where they have to moved their police car for clear way for bailiffs truck. My wife take my 1 year old baby and locked her at our car with me. Police told us we have to open the doors or they arrest us fir the public offence!!!!!!! I disable person was at my own car. Police don't protect us at all. I ask bailiff please don't take my car take money but he was smile and reapeat it is too late and police was smile as well. I asked again bailiff made phone

call to his manager and told that they forgive us if we pay £1200 pounds. I paid by credit card he give me reciep with that wrong name. I asked him give me reciep with my right name like on credit card but he told me it is not his problem anymore and they all left with police.

I called to my credit card and report about fraud of that transaction for 1200 pound. I don't know if I have rights for it. I think I was paid for my correct name not for that wrong spelling name. Bailiff give me reciep for wrong name like he have but not on my name. I asked him to reissue with my correct name but he refused and gone. Is it fraud to me or nor?

[danboy381]

wow. duluskov. this is an interesting one, made far easier if I read it in your accent!

 

Did the Police assist the bailiff in anyway?

 

Where is your car now?

[Guest Happy Contrails]

It appears you have been defrauded nearly £800 and you have a right to reclaim it.

 

Contact Z2K Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust and show them the the following information.

 

 

 

 

 

 

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 about his fees. Three things can happen:

 

1) The bailiff can try to convince you his fees comply with legislation – and you have a written confession he intended to defraud you

2) He can refund you – this is called mitigation the bailiff intended to defraud you, and accepts the opportunity to put things right

3) No reply – you can proceed with litigation against bailiff and council.

 

In any event, you have the bailiff with pants at half mast

 

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]

 

Send a copy of the letter to the council along with a copy of the bailiff’s fee document.

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are 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 they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

[Duluskov]

Police was checked all my bank statement to make sure that I don't lie to bailiff that I am not have problems with council tax. When bailiff thold about old adress where I used to live only 3 month I was surprise that I have owe to council money for that temporary flat. Polise was a speak with like I kill somebody. However I call them for my protection from bailiff. Bailiff left my car because I paid to them 1200 pounds but at that time I was think that I am not owe any mony for council. I asked police how can I get to council with 1 leg without my car? It was no any help from them. They were told to us open the doors and clear car or they aresst with our baby. After I paid to baillif police officer told that I save my car and I can go to council for resolve it.

 

 

I am sorry for grammar faults my computer cracked and I use my phone for type.

[Guest Happy Contrails]

When a bailiff defrauds you with his fees he commits an arrestable offence. Your document is sufficient evidence and the police should at minimum, arrest the bailiff and question him under caution at a police station and the bailiffs DNA records permanently go on police databases!

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and threatened to commit breaking and entering and take property unless I pay him £AMOUNT]. He charged fees £AMOUNT when the law prescribes a fee of £24.50.

 

I appreciate the police have a propensity to dismiss bailiff crime to be a civil matter, but the official legal position is the bailiff commits an arrestable offence under the 2006 Fraud Act. Lord Lucas at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006 (unquote).

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where 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. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

The law can provide reasonable costs in respect of bailiffs transporting goods in a van (attending to remove fee) however no goods have been levied and no document has been signed by me. District Judge Advent on the 9th & 24th September 2008 presiding over Case 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that (quote) because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable (unquote).

 

Any offence committed under the 2006 Fraud Act is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984. Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of bailiff document giving contact details

 

If the police fob you off with excuses or tries a delay tactic,, write down the name and rank of the police officer and contact the IPCC and your MP with a written complaint of 'Perverting the Course of Justice'. It is an offence under Section 4 of the Criminal Law Act 1967 to conceal a crime under false pretences. You will then find the police will start cooperating soon enough!

[danboy381]

take the advice above duluskov. its all there for you to act upon and get justice.

 

by the way it would have been interesting to see the Police arrest you your wife and baby for sitting in your own car. They couldn't have done that.

[danboy381]

not wishing to hijack this thread.. but, - ps. hc, i need to get some legal fees back in regards to action taken against a bailiff firm. I have the home address of the hceo that defrauded me originally - i was thinking of LBA, and then issuing a court claim to his address. not expecting much but want to load some muck in the fan. Any other ideas, wld be greatful.

[seanamarts]

please contact these people as HC has requested, they can act for you on your behalf with the council and the bailiff company. Also I dont think they can levy on a car that is registered disabled but i know its a bit of a grey area on this subject.

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

 

contact details below

by Email : [email protected]

 

 

by Post :

 

38 Ebury Street,

London

SW1W 0LU

by Phone :

 

020 7259 0801

office hours are from Monday - Friday, 10:00a.m. - 5:30p.m.

Please leave a voice message if you are unable to reach them and they will get back to you as soon as possible.

[Guest Happy Contrails]

Bailiff told me that I have to pay£1200 pounds

 

Were there any witnesses?

 

Do you still have the bailiffs document?

 

 

Police told us we have to open the doors or they arrest us fir the public offence!!!!!!!

 

 

 

Any witnesses? - The police officer appears to be committing an offence under Section 4 of the Criminal Law Act 1967. It is called Assisting an Offender

 

 

 

police was smile as well.

 

 

 

I find this very odd a police officer finds it funny seeing you being defrauded nearly £800 by a bailiff and do nothing about to intervene.

 

The law only provides bailiffs fees of £24.50. Ignorance of the law is no defence.

 

 

 

call to his manager and told that they forgive us if we pay £1200 pounds.

 

 

Forgive you for what?

 

 

 

I paid by credit card he give me reciep with that wrong name. I asked him give me reciep with my right name like on credit card but he told me it is not his problem anymore and they all left with police.

 

 

The bailiff might be committing VAT or tax fraud.

 

 

 

 

I called to my credit card and report about fraud of that transaction for 1200 pound. I don't know if I have rights for it.

 

 

Section 75 of the Consumer Credit Act 1974. The law says you can have a refund if the merchant applied pressure on the cunsumer to make the credit transfer. (Breach of Contract)

 

 

 

 

I asked him to reissue with my correct name but he refused and gone. Is it fraud to me or nor?

 

 

Fraud, an offence under Section 2 of the Fraud Act 2006.#

 

You really need to get professional help. We are well outside the scope of a public forum.

[Guest Happy Contrails]

not wishing to hijack this thread.. but, - ps. hc, i need to get some legal fees back in regards to action taken against a bailiff firm.

 

Why didnt you claim them as part of the proceedings? The Judge will ask you this?

 

 

 

 

I have the home address of the hceo that defrauded me originally

 

Was he a acting as an individual or a firm? My feeling is filing a claim against the firm, and not at the HCEO's private address - although you can use it as a CC address for service to cover yourself under Section 7 of the Interpretation Act 1978 and let the HCEO give the court an alternative address for service when he returns the claim response pack.

 

 

 

 

- i was thinking of LBA

 

 

LBA is necessary, very simple letter, ask for the amount he should pay, give a deadline, and say why he should pay you.

[Duluskov]

Police officer opened the door and take off seat belt from my wife and baby and asked to get out from car or she arrest us. She also asked bailiff if he needs our car keys for him. I have all details of that police officer. I also have that notice with reciep from bailiff but with incorrect spelling of my name. Wittnes olny my wife and police because it was too dark. Bailiff fogive us because I refused to paid 1200 when he asked before police arrived.

 

What I have to do now? Try recovery money from credit card or try recovery from bailiff?

[Duluskov]

Bailiff give me only reciep that I paid to him 1200.20 pounds and notice ( a bailiff removal team visited today to remove your goods for sale by public action) ( the initial charge for today's visit amounted to £ 455-00 The total now due and payable is £ 1173-36)

[ploddertom]

I think for a lot of reasons this Bailiff has used you as a means to earn himself a small fortune. No offence intended but as English is plainly not your first language he has seen an opportunity and it would appear that with the aid of at least one other person has massively overcharged you.

 

I assume you know the name of the Bailiff company, you need to ask them for a statement of your account including a screenshot. They may fob you off with excuses or that you need to submit a Subject Access Request - none of these are needed. When you get them post the details on here but remove all your personal details first - I am sure you will get a lot of help and advice.

 

You also need to ask the Council how much the Liability Order was for. I would also enlist the help of your local Councillor and MP. This should never have been passed to the Bailiff for enforcement as you clearly fall into the vulnerable category for more than 1 reason and I suspect the Council must already have known this.

 

The receipt the Bailiff has given you could turn out to be a very important document so take great care of it.

 

PT

[tomtubby]

Bailiff give me only reciep that I paid to him 1200.20 pounds and notice ( a bailiff removal team visited today to remove your goods for sale by public action) ( the initial charge for today's visit amounted to £ 455-00 The total now due and payable is £ 1173-36)

 

This is very serious but before advising on what you need to do can you provide answers to the following:

 

What was the amount of the Liability Order passed to the bailiffs by the council?

 

Have you received a breakdown of charges and if so what are they?

 

Do you know whether the bailiff "levied" upon any goods.

 

The fees are looking extremely excessive and if so, you could indeed claim a chargeback against your credit card but before doing this can yu provide the above answers.

 

In addition, can you contact the council and ask them to confirm to you what charges they have on their system.