Help with Bailiff for Council Tax

[stressed2009]

Ok, well neither time has the paperwork been left in a sealed envelope for my partner it has just been put through the letterbox.

 

I just dont understand what purpose he was knocking on my neighbours door for? After the first visit when my neighbour came out of his door surely that confirmed along with his door number on the door that my partner didnt live there! So what is the need to disturbing the poor man again!?

[RaeUK]

It's an old trick to try and make you feel embarrassed and pressured ...

Rae

[seanamarts]

It's an old trick to try and make you feel embarrassed and pressured ...

Rae

Agreed

[stressed2009]

Well it's not going to make me back down I am going to stick to paying the council directly.

[Tingy]

They will also use neighbours to try to confirm things like what you do for a living, thus getting some idea of your income. I recently fought a case against a firm of bailiffs and they had confirmed with neighbours that I was a Headteacher so knew I must be earning decent money. Unfortunately they had got this off the internet, not my neighbour, as I had not worked as a Headteacher for over three years, but my name still came up under an internet search. They were somewhat embarassed by this fact.

[brassnecked]

They will also approach eandomers parked in the street and ask if you are anything to do with the address they are trying to get a levy at, as in maybe wanting to levy my motor as I was parked up on the phone adjacent to an address they were visiting

[stressed2009]

Hi

My partner owes some council tax which has been with the bailiffs for some time now. He has been in contact with the office and was due to pay £50 today and then they would look into starting an arrangement. This morning I have had a letter posted through the door detailing a car I drive which is owned by my dad. I know I should have probably parked down another road, but I have a number of problems with my neck and shoulder since a car accident in 2009 and struggle to carry things from the car to the house. So last night as I was on my own with our two small children I just parked near the house. What do I need to do to prove the car is not mine as I am not sure my parents still have the receipt for the car.

Thanks

Stressed2009

Edited June 24, 2011 by stressed2009

[brassnecked]

Does the V5 have you as the RK?, your parents could do a Statutory Declaration to the effect that they are the Owner, and you are borrowing it, on a long term basis, so are RK for insurance/VED reasons. others will know more

[padja]

the bailiffs should have checked also if it is solely your partners debt then they cant touch your property regardless of what it is. as long as the debt isnt yours just have proof of ownership also do you have a list of fees if so what are they as they can only charge set amounts.

[brassnecked]

I'm with padja here, if the debt was for another property owed prior to your partner moving in then they cannot touch your goods, unfortunately bailiffs are notorious for assuming everything around and in the premises belong to the debtor, they want fees like an urban fox sniffing food in a bin. My suggestion about the Stat Dec, was to thwart the bailiffs and avoid having to start a letter chain to remove an unlawful levy, and the consequential nuisance if they actually clamp the car. If you search the site for threads answered tomtubby, ploddertom and hallowitch, among others, you may also gain an insight of what to do, and I'm sure they may well be along at some stage to offer advice.

[stressed2009]

Ok right after my initial upset I have looked into it a bit more this is an old one from several years ago which I was actually listed on as I lived with him on and off so I am responsible and do want to pay off.

The car is registered in my name for insurance purposes but was bought by my mum and dad. I am allowed to use it until I can afford to buy my own car. I don't think I would come under vulnerable categories I have had a look but can't see anythat would apply. Although I have quite bad shoulder problems following my car accident which I am under a consultant for. I require my car to get my daughter to school I don't know if this is relevant but there is no way of getting her there using public transport. Also, I use the car for driving my sister around who is registered disabled not sure if this is relevent either.

If my parents still have the invoice/receipt should I still do a stat dec? Will the bailiff accept either of these as he is accusing me of trying to hide my property?!

Thanks

[hallowitch]

if your parents have the receipt get them to do the stat dec

[stressed2009]

My mum has looked they don't have a receipt any more

[brassnecked]

My mum has looked they don't have a receipt any more

 

As your father bought it and still owns it even without the receipt he could lawfully and properly swear the stat dec imho

[stressed2009]

Right I will get a stat dec done this afternoon and have spoken to the company he purchased the car from and they have said they can provide me with another copy of the receipt.

[dx100uk]

have you checked with the council how much the LO is for and when it was taken out

 

sounds strange this has just come out of the woodwork?

 

dx

[stressed2009]

My partner checked what he owed with the council a while back and he says the amounts on the letters are correct and as I say was due to pay an payment to the bailiffs today and then set up an arrangement. To be honest he has been dealing with all this as I am having a lot of issues dealing with the problems I have following my accident. I am happy to pay off anything we may owe.

[stressed2009]

Well bailiffs head office say a stat dec is not sufficient it would have to be a receipt.

[brassnecked]

Well bailiffs head office say a stat dec is not sufficient it would have to be a receipt.

 

Get the copy of the receipt, and present that , but if they regularly choose to ignore a proper notarised Stat Dec, then the bailiffs may well find themselves in trouble when the council get the formal complaint for a wrongful levy imho They are on a sticky wicket if they chose to ignore a stat dec imho, others can advise further also

[stressed2009]

Well my mum paid the amount due to the council should I pay the fees to the bailiff company minus the levy fee as on Monday will be proving the vehicle isn't mine!!

[stressed2009]

Hi

Sorry its another question, after extensive reading of several threads on here (and thank god I did before paying the fees) I have come up with another issue! There are 3 liability orders he has attended on the same days for yet I am being charged 3 x 42.50, so in total for the visit fees its £127.50! Several posts on here seem to be saying that if he is attending for 3 LOs on the same day he can only charge the fee once - am I reading this correct?

 

Also, a trivial one as I will be proving the vehicle is not mine, but can they levy on the same vehicle for each of the LOs and charge a levy fee on each one?

 

Thanks

[brassnecked]

They cannot levy the "same" goods on all three as with the second and third they are effectively levying their own property, having seized it with the first, so I think all three would then be invalid, but others will know more

 

In any case all three levies and the subsequent fees would be invalid as the vehicle seized doesn't belong to you. They really are very silly if they ignore the evidence and actually tow and try to sell the motor. the Council would then be the target in any action with their agent the bailiff as co-defendant.

[stressed2009]

Sorry to ask again but I will need to get what fees I owe paid tomorrow.

 

Can they take possessions when all the amounts outstanding on the LO's all paid and it's just the fees outstanding as I dispute the amounts? How many visit fees can they charge when enforcing 3 liability orders?

 

Thanks

[padja]

no they cant if fees are in dispute, however they probably will treaten you for all the fees there is good letter on a council tax thread to send to bailiffs about there charges, I would personally copy in the CEO of council too to let them know how their appointed agents have acted thoroughly illegally and leaving council open to legal action.

[brassnecked]

You have to make the council executive officers aware of how the bailiffs wrongful actions, legally can come back and bite them on the bum. the councils will think their bailiff can do no wrong after all there are "guidelines" (which the bailiffs conveniently ignore in search of extra fees), the service level agreement, etc etc, so are hard to convince. A Letter before Action to the CEO naming them as joint defendants with the bailiff in a complaint may work

also check out this sticky by tomtubby?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!