Van Fee - Levy etc

[mkb]

They do not need to gain entry to the premises to levy on car outside, they do not need a signed walking possession nor do they need to remove goods.

 

You don't have to take my advice and thats your choice (sorry I'm not trying to be rude). I am trying to give constructive help and although I don't post much I do get frustrated with the poor advice I sometimes see here.

 

 

But they cannot levy on something, leave no notice to the levy having taken place & then expect the debtor not to question it either!

 

As to not posting & frustration with apparently poor advice - if you have a better knowledge of the procedure, as laid down in statute, maybe you should share this information around.

 

I am a tad concerned that you are a new poster yet profess to have better knowledge that the caggers who have been here for a long time & who have successfully helped other caggers fight the pumped up charges displayed by many many bailiffs.

[Nintendo Pü]

They do not need to gain entry to the premises to levy on car outside, they do not need a signed walking possession nor do they need to remove goods.

 

I think you need to review your facts.

 

On 17 March 1998 Lord Justice Morritt in the High Court ruled that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge. The Judge also said in his conclusion, (quote) However it should be noted that in cases such as these there may be a sanction pursuant to Section l of the Criminal Damage Act l971. In other cases the provisions of Section 6 of the Criminal Law Act may apply also. (unquote). Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471.

[el_sid]

I might like to add!

 

I have the screenshot. There are 3 full pages. Baliliffs scanner working or not! All the entries would appear to be entered by a 'person'. There are 10 different users entering info on one page alone.

 

My feelings are. The bailiff speaks directly to an Admin person at Head Office or he transfers data from a laptop along with 9 other pers.

 

Why on earth would the bailif not enter legal jargon or details in the notes column in connection with a Van or Levy? He at that time, would not be expecting my challenge. Surely he would cover his tracks and enter the details. Maybe he will produce trumped up paperwork if I go to court?

[Nintendo Pü]

I wouldnt bother faffing around wit the bailiffs. The law says what the bailiffs fees are for collecting unpaid council tax - £24.50.

 

If the bailiff has not transported your goods in a van or sold them at auction then nothing else is owed. If you have already paid then you litigate the council for your money back. If the council wants to settle its grievance with its bailiffs then let them pull their contract.

 

The bailiffs remain the councils problem, they hired them.

 

If you don't get a refund in seven days or you are fobbed off with excuses, download and complete a Form N1 from the HMCS website. The Defendants are addressed as:

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL]

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

I received a bailiff acting for the defendant collecting unpaid council tax. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Council Tax (Administration and Enforcement) Regulations 1992 which prescribes £24.50 and reasonable costs for transporting a debtors goods in a van. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "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". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that "because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court costs allowed by the court at the prescribed rate.

 

If you are on a low income then complete an EX160 fee exemption form.

[el_sid]

Hope everone had a nice Christmas?

 

Anyway to keep to basics details of letter from bailiffs Co letter sent to daughter 2 days ago:

 

1. They had Levied car and posted 'Notice of Distress' on 6/10 and posted letter thru door (they say!).

 

2. 21/10. 'Van on way' letter issued.

 

3. 10/11. Bailiff attended property. A van attendance fee incurred £110.00 at this time, I paid outstanding Council Tax fee. (not bailiffs fees).

 

4. 10/11. Bailiff explained that fees had been incurred and Regs allow fees to be taken first. He stated therefore, that he would proceed with enforcement of the Liability Order if the account was not paid in full. Subsequently I paid outstanding fees. (I wanted a stress free Xmas for ALL family).

 

My questions:

 

Q1. Bailiff attended with a vehicle not equipped to take car away. To remove the car would require a 4 strop lift!

Q2. As the fees were paid eventually in full. Was he allowed to make a charge as he did not take away goods, ie. Car?

Q3. Is it worth me going forward with letter to council, then Small Claims?

Q4. If I took it to court? As a layman, does Judge have full knowledge of Regs so as not to be bambozzled by a solicitor ?

Q5. What is my position IF Judge decides Council/Bailiffs Co were correct? I cannot afford any costs!

Edited December 29, 2009 by Alan8376
Full letter now received from Bailiff co. I wiil consult Caggers