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hi

i had a visit from jacobs bailiffs this morning re outstanding council tax debt of 2 months amounting to £174.41

they first came to my home on the 11-11-09 and said the debt is £198.91 + costs then they returned yesterday the 12-11-09 new amount being £216.91 + costs

then they returned again this morning 13-11-09 and this time i was home new balance is now £269.41

 

he asked if he could come in and do a levy but i refused he then said ok and walked away but before he asked about doing the levy he said i could pay it off at £40 a month which i agreed to do but after i said that i wasnt doing a levy he is now not allowing me to pay in installments

 

he has put a levy on my dads car which i have to borrow to get to work and back

any advice will be greatfully appreciated

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one of the site team will move this to the bailiffs form

 

 

pay this to the council direct online £174.41

first came to my home on the 11-11-09 your charge for this is £24.50

they returned yesterday the 12-11-09 your charge for this is £18

you will have to pay these 2 charges

keep the bailiffs out your house and the above charges are all you will have to pay

 

he has put a levy on my dads car which i have to borrow to get to work and back

write to Jacobs (recorded delivery ) and inform them that they have levied on a car that does not belong to you tell them that they can do a DVLA check to confirm this and that all charges connected with the levy should be removed

 

send a copy of this letter to the council (recorded delivery) and ask them to record it on your file for future reference

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hi

ive been reading the threads about the bailiffs and council tax ect

am i correct in thinking that they have to have a liability order from the courts before they can appoint a bailiff?

all i have received from the council is a council tax first reminder notice for the sum of £89.12

this was dated the 19-10-09

surely they havent had time to go to court for the liability order yet?

it is not even a month between getting the first reminder and the bailiff calling round

 

also i was reading jacobs website and i found thisat form of Identification should the bailiff carry.The Bailiff will have his County Court Certificate and Jacobs ID Card ready to show you on request.

We do NOT, by law , have to carry a copy of the warrant/liability order granted by the Magistrates for non payment of Council Tax or Business Rates.

 

 

 

confused???

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doesn't look like you have been taken to court yet

 

 

The Council Tax (Administration and Enforcement) Regulations 1992 (amended)

 

    Liability orders: preliminary steps
    33.—(1) Subject to paragraph (3), before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice ("final notice"), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.
     
    (2) A final notice may be served in respect of an amount at any time after it has become due.
     
    (3) A final notice need not be served on a person who has been served under regulation 23(1) with a reminder notice in respect of the amount concerned.

    Application for liability order
    34.—(1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.
     
    (2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.
     
    (3) Section 127(1) of the Magistrates' Courts Act 1980[14] does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.
     
    (4) A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.
     
    (5) If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—
      (a) the sum specified in the summons as the sum outstanding or so much of it as remains outstanding (as the case may be); and

      (b) a sum of an amount equal to the costs reasonably incurred by the authority in connection with the application up to the time of the payment or tender,

    the authority shall accept the amount and the application shall not be proceeded with.

     

    (6) The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

     

    (7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—

      (a) the sum payable, and

      (b) a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.

    (8) Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application.

    Liability orders: further provision
    35.—(1) A single liability order may deal with one person and one such amount (or aggregate amount) as is mentioned in regulation 34(7) and (8) (in which case the order shall be in the form specified as Form A in Schedule 2, or a form to the like effect), or, if the court thinks fit, may deal with more than one person and more than one such amount (in which case the order shall be in the form specified as Form B in that Schedule, or a form to the like effect).
     
    (2) A summons issued under regulation 34(2) may be served on a person—
      (a) by delivering it to him, or

      (b) by leaving it at his usual or last known place of abode, or in the case of a company, at its registered office, or

      © by sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office, or

      (d) by leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of the summons will be accepted


      (3) The amount in respect of which a liability order is made is enforceable in accordance with this Part; and accordingly for the purposes of any of the provisions of Part III of the Magistrates' Courts Act 1980 (satisfaction and enforcement) it is not to be treated as a sum adjudged to be paid by order of the court.

 

We do NOT, by law , have to carry a copy of the warrant/liability order granted by the Magistrates for non payment of Council Tax or Business Rates

 

he may not need the liability order but he certainly needs to show written authorisation

 

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

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all he did was post NOTICE OF SEIZURE OF GOODS & INVENTORY through my letter box this morning after i refused to do a levy and the only thing on it is my dads car

 

i paid £40 this morning to the council online as thats all i can afford until i get paid next week

when i get paid i have no problems paying what i owe and then setting up a standing order with the council for the rest of the council tax

 

im not denying that i owe the debt but i do think they are being a bit keen

my son tells me that when the bailiff called round on wednesday 11-11-09 and asked for me he told them i wouldnt be home until friday so why would he call back round on the thursday??? knowing i wouldnt be home??

 

would it be worth my while phoning the council?

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I'm not denying that i owe the debt but i do think they are being a bit keen

my son tells me that when the bailiff called round on Wednesday 11-11-09 and asked for me he told them i wouldn't be home until Friday so why would he call back round on the Thursday??? knowing i wouldn't be home??

he did this to increase his fees

 

would it be worth my while phoning the council?

 

 

i would e-mail them and get your reply in writing

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here is the letter im drafting for the council can you tell me what you think please

 

Account reference xxxxxx

Jacobs Ref: no xxxxxx

Dear Sir/Madam

I write to you to enquire as to when a liability order was made against me for my council tax bill

The only communication that I have from yourselves is dated the 19 October 2009 and this is my first reminder for the amount of £89.12

I first received a visit from a Mr M on the 11 November 2009 my son informed him that I wouldn’t be home until Friday 13 November 2009 but Mr M returned on the Thursday 12 November 2009 which accrued more costs to my bill Mr M then returned on Friday 13 November 2009 and I agreed with him to pay by instalments of £40 a month for the council tax owed for October and November 2009. He then informed me that he wanted to put a levy on goods in my home but as I know my rights I refused to allow him entry into my home. And refused to sign a levy or walk in possession order he said ok and walked away. A couple of minutes later he dropped a letter through my door a NOTICE OF SEIZURE OF GOODS & INVENTORY on the bottom of this he has listed my dad’s car which I borrow to get to and from work this being a xxxxxx xxxxx xxx xxx ( you can confirm this through DVLA) according to his letter my original debt with you is for £174.41 and he has added charges of £95 for his 3 visits ,this I find extortionate.

After getting advice from the consumer forums I have a couple of questions

Liability orders: preliminary steps

33.—(1) Subject to paragraph (3), before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice ("final notice"), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.

Application for liability order

34.—(1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

1, when was a liability order issued?

2, why was I not informed of said liability order?

3, why was a liability order made without me having been given a final reminder notice?

4, why was I not summoned to court?

As you can see from the dates I am only six weeks late paying my council tax bill for the 1 October 2009 and only 10 days late in paying Novembers before the bailiffs was at my door. I have every intention of bringing my account up to date when I get paid on Monday 23 November 2009.

I have made a payment of £40 through your online payment method and will pay a further £40 on Thursday 19 November 2009 then the remaining balance on Monday 23 November 2009

In view of my questions the fact that only a short time has passed before said sums became due and references to an application for a liability order i ask that you take this debt back from Jacobs and give me a chance to pay my bill

I further ask that we set up a standing order for my council tax bill every month so that i can be sure that it is getting paid on time and that i wont be receiving any more visits from Jacobs

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5)can you confirm/deny that you must have a liability order before a bailiff can levy or add charges for visits

6)can you confirm only a certificated bailiff can levy for council tax debt

7)) can you provide me with the date Mr xxxx was certificated and at what court

 

 

or words to that effect

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