Unpaid Council Tax at a property I lived in over 2 years ago.

[hallowitch]

you have had very good advice from ploddertom anything that proves that you did not live at the address for the dates they are trying to claim will help you

what goods did the bailiff levy

[hallowitch]

looks a bit excessive to me also is the car on HP Finance

find out the book price of the car

the rule of thumb is that the bailiff should levy good to the value of 10 times the debt

 

(debt written as 559.48 in total) do have any idea how much the council say you owe before bailiff charges

[hallowitch]

Attendance to Levy £42.50 this is a 1st & 2nd visit fee and cant be charged if no visits took place or if they were added the same day as the levy

 

Redemption of Goods £24.50 they can only charge this if goods have been seized and the debt is paid before the sale of the goods

another reason for questioning this charge is that if a bailiff charges a walking possession and levy fee NO other charges can be made on the same day

[hallowitch]

Is the bailiff certificated if you cant find him on the list phone Ministry of Justice Public Register of Bailiffs on 020 3334 6355

he must be certificated to the firm of bailiffs he is working for If he is self employed there will be no company name next to his

 

www.hmcourts-service.gov.uk/CertificatedBailiffs/

[hallowitch]

I've got 3 kids under 10

are you a single parent

do you work

 

if the bailiff removed your Brown 2 seater sofa, brown armchair what seating would you be left with

 

are any of the goods on hp

[hallowitch]

OK

question the 1st visit fee

2nd visit fee

Redemption of Goods £24.50

 

the levy is unlawful

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

 

2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food

 

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.

__________________

[hallowitch]

does your car have business insurance