rossendales

[Rokk]

This is my brothers dept

 

Balliffs come yesterday with a bill for £210 but brother has paid council tax bill on december 1st.

 

 

So he rung balliff this morning balliff says he made 2 visits in november and at £24.50 and £18 and then a visit in december after council tax paid for £40 then anouther visit in january for £24.50 then the visit yesterday for £110 for removal of goods. My brother did not even know he had been.

 

 

Where does he stand?

 

Thanks

[hallowitch]

your brother owes the bailiff firm £42.50 for 1st 2nd visit

 

I would think the £40 charge in December is a levy & walking possession fee

the £110 fee yesterday is attendance/van fee

 

from your post it doesn't look like the bailiff has been in his house to levy goods

did the bailiff leave a notice of goods and inventory this would more than likely have a car levied on it

 

get your brother to write a letter/e-mail offer to pay the £42.50 1st & 2nd visit fee tell them as far as you are concerned that this should satisfy your obligations regarding bailiffs fees as there has been no levy on your account

however if they disagree with this you want a screenshot of your account and a copy any notice of seizure goods and inventory as you believe you should have been left a copy of this at the time of the levy

 

tell them if they cant or are unwilling to supply a copy of the notice of seizure of goods

you want to know what goods were levied the date & time of levy and the name of the bailiff that done the levy

[Rokk]

But what if he keeps putting the amount owed up by £110 every visit?

[ploddertom]

But what if he keeps putting the amount owed up by £110 every visit?

 

He Can't - but he will use the fact you don't know your rights and screw you for every penny he can. What you need is a statement of the account to see where and when fees were applied. If they are claiming a levy then a seizure notice should have bben left which details the goods seized - it may be the levy is invalid because they have seized goods which are exempt or are on Hp for example. Can you list any further details.

 

PT

[Rokk]

Is it not true that the Levey for distress is for the council tax, and now that that has been payed he would have to apply for a new Levey for distress from the courts?. For what he is claiming.

[ploddertom]

Is it not true that the Levey for distress is for the council tax, and now that that has been payed he would have to apply for a new Levey for distress from the courts?. For what he is claiming.

 

Follow Hallowitch's Post *2

[tomtubby]

The purpose of a visit is to levy upon goods. The statutory fee scale provides that a bailiff can charge £24.50 for "attending to levy where no levy was made" ( in other words, that you were not at home when he visited).

 

ALTERNATIVELY the bailiff can INSTEAD charge a levy fee...HOWEVER he can only charge a levy fee is he does levy upon goods. This will be done by EITHER gaining "peaceful entry" into your home ( should be avoided) and listing goods on a Walking Possession or otherwise by levying upon goods OUTSIDE of the house. This would normally be a vehicle but can be a caravan, lawnmower or other worthwhile garden equipment. In this case, a Notice of Seizure would need to be provided as proof. Your signature would not be required.

 

 

IF...and ONLY if a PREVIOUSLY levy has been made, a bailiff can return at a later date to remove the goods PREVIOUSLY levied upon.

 

In the case that you have mentioned it would appear that the bailiff has applied fees for the first and LAST part...but MISSED out the middle bit !!!

 

The bailiff is WRONG..but hopes that you don't know it.

 

He is attempting to charge an "attending to remove" fee without a previous levy.

[calvi36]

Pay them nothing, Do not recognise them as being able to collect council tax. TT and PT might disagree, but pay these thugs nothing. I did this and debt was handed back to the council, btw it is not a debt it is a TAX!

[RaeUK]

calvi, with respect and not wanting to appear too pedantic, isn't a tax also a debt? At the very least something that has to be addressed and paid? Perhaps, if you will, a legal debt?

Rae.

[calvi36]

A tax is not a debt, until a court makes it such. This is what people are missing, taxation becoming debt, we did not incur this debt, they created it from a tax. Say you borrow £10,000 and you default on that loan, then yes you are liable, but say you borrow nothing and me as head of the country states, u will pay £10,000 for nothing as a tax, does that automatically become a debt?