rossendales/Council tax pain in the rear ***WON***

[eggy12]

Arrived home this evening to a "best wishes" letter from ****'n'dales saying collecting fees after ive paid the £42.50 that is now £134 ish.. Told him his only entitled to collect council debt and as that is paid his entitled to 'No Penny's' !

Tried to argue the fact that there now chasing there unpaid fee's debt, so at that i said 'See you in court then chumpy' and hung up.

Will send a third email in the morning asking again for there records they hold on me.

 

Oh the joys of a weekend break

[eggy12]

Ok FINALLY got a reply from rossendales.

 

Sent me a breakdown of charges but say i need a SAR to get screenshots !!

 

 

Summary

 

Date Type Amount Amount outstanding

Sep 8 2009 Debt 870.71 0.00

Oct 20 2009 Visit 1 24.50 0.00

Oct 26 2009 Visit 2 18.00 0.00

Feb 17 2010 Attendance/Van 110.00 110.00

Feb 17 2010 Levy fee 24.50 24.50

Feb 21 2010 Payment byD/C 0.80 0.00

 

 

Payments

 

Oct 23 2009 870.71

Feb 21 2010 43.30

 

 

Ok so paid council on 23rd after first visit, paid for visit 1 and 2 to be on safe side now if im correct they owe ME £18 ?

 

Not sure what the Levy fee is all about !!

[hallowitch]

Feb 17 2010 Attendance/Van 110.00 110.00

Feb 17 2010 Levy fee 24.50 24.50

 

what did the bailiff levy

did he leave you a notice of seizure of goods and inventory

 

the bailiff has only levied on his fees that why your levy fee is only £24.50

bailiffs cant charge a van fee and a levy fee the same day

 

In my opinion the bailiff is allowed to levy for his fees others may disagree so you will have to make your own mind

 

I'm not saying that the bailiff has a valid levy it doesn't look as if he has

 

send them an e-mail and ask what goods were levied and why there was no notice of seizure of goods and inventory left at the time the alleged levy

the name of the baillif that caried out the levy what court he was certificated at on what date

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

• (a) an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and
  

• (b) a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.
  

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.

 

(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.

[eggy12]

All that was posted through letter box was "Bailiff removal" letter

 

Date 17/02 Time 12 00

 

Hand written is the following

 

Outstanding bailiff costs to be paid in full £177

[hallowitch]

usually when they cant get in the house they levy a car or things in the garden but they must leave a notice of seizure of goods and inventory at the time of the levy

 

 

send them an e-mail and ask what goods were levied and why there was no notice of seizure of goods and inventory left at the time the alleged levy

 

when you send the e-mail remind them they are legally bound by the

The Council Tax (Administration and Enforcement) Regulations 1992 Regulation 45 SCHEDULE 5

(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

[eggy12]

Ok will do.. Would it be worth my while to send them £10 for a SAR ?

[eggy12]

Give me a few minutes and i will put up pics of letters recieved

[hallowitch]

Ok will do.. Would it be worth my while to send them £10 for a SAR ?

 

 

personally i don't think so it would be a waste of £10

 

they know they have no levy and i cant see them taking it any further after you question the levy

 

Ask for a copy of there complaints procedure in your e-mail

 

and put at the bottom of it

A copy of this e-mail will be sent to xxx council to be held on file and will be used should it be if necessary to take this matter further

[eggy12]

Letter Posted through door on 17th Feb

http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0001-1.jpg

Letter posted through door on 26th Feb

http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0002.jpg

Covering letter 1 of 2 recived with breakdown of charges

http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0003.jpg

Covering letter 2 of 2 recived with breakdown of charges

http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0004.jpg

Breakdown of charges

http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0005.jpg

Edited March 8, 2010 by eggy12

[hallowitch]

post 151 has a copy of notice of seizure and you haven't got one

send the e-mail and see what comes back

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/241840-bailliff-seized-company-car-8.html#post2706407

[eggy12]

Definatley not had one of those.. Will send mail now, thanks for your time HW

 

Eggy12

[eggy12]

Will this suffice ?

 

After receiving your reply to my request for a charges breakdown and screenshot of my account, I would like to ask what goods were levied and why there was no notice of seizure of goods and inventory left at the time of the alleged levy.

I now also require the name of the baillif that caried out the levy and what court he was certificated at on what date.

 

May I remind you about the "The Council Tax (Administration and Enforcement) Regulations 1992" as you are bound by it;

 

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

(a) an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

(b) a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.

 

(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.

 

I also ask for a copy of your complaints procedure as I note from your records I have paid for 2 visits when in fact the Liability order was paid 'In Full' after the first visit and before the second and I am awaiting a refund for £18 due to myself for your mis-handling of this case along with an offer of compensation for my "Distress".

 

A copy of this e-mail will be sent to XXXXX Borough Council to be held on file and will be used should it be if necessary to take this matter further.

 

Eggy12

[hallowitch]

Will this suffice ?

 

After receiving your reply to my request for a charges breakdown and screenshot of my account,

The breakdown of charges includes a levy fee there was no notice of seizure of goods and inventory left at the time of the alleged levy. this must be left at the time of the levy

For your convenience i have copied the relevant part of the regulations

The Council Tax (Administration and Enforcement) Regulations 1992 Regulation 45 SCHEDULE 5

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.

 

I therefore require a copy of this or at the very least a list of goods levied

I now also require the name of the bailiff that carried out the levy and what court he was certificated at on what date.

 

I also ask for a copy of your complaints procedure as

I note from your records I have paid for 2 visits when in fact the Liability order was paid 'In Full' after the first visit and before the second and I am awaiting a refund for £18 due to myself for your mis-handling of this case along with an offer of compensation for my "Distress".

 

A copy of this e-mail will be sent to XXXXX Borough Council to be held on file and will be used should it be if necessary to take this matter further.

 

Eggy12[/quote

 

 

that makes it a bit shorter but leave in the relevant part of the regulations

[eggy12]

Just had a phone call (wow that was quick) from bailiff in charge asking if we can sort this out ! After semi explaining the rights and wrongs we again got to the stage of me saying 'see you in court then' !

[ploddertom]

According to one of their letters you were attended by a "van bailiff" - you could always wind them up by asking for the definition of this!

 

PT

[ploddertom]

And when it is all sorted take a leaf from their own documentation - No Cheques Accepted!

 

PT

[RaeUK]

Whilst you're at it, don't forget to ask them for a copy of the National Standards for Enforcement Agents. This clearly explains the paperwork you should have had and the Standards should be available from any bailiff or bailiff company on request

Best wishes.

Rae.

Edited March 8, 2010 by RaeUK
type o

[eggy12]

I could ring him back now and ask.. New Mobile number ! Shall I post it ?

[ploddertom]

I could ring him back now and ask.. New Mobile number ! Shall I post it a Russian SMS site ?

 

PT

[eggy12]

PT

 

Is that the one where Gay porn is involved and you get charged for it as i really really dont want that and respect his rights ?

[eggy12]

Rang him.. His full of brown stuff.. Wont even send me a copy of National Standards for Enforcement Agents as suggested by Kel... The convo then went onto him not being able to copy a copy of it(Due to fact his not online and all that) but he did say his in the area on Wed.. NICE so i said drop in in then ! Bleated on about his rights and lets come to a solution so i again said see you in court, ive sent a message to your company asking for your name and what court you were certified at to no response.. Just trying to remember how many times i told him his full of it ?

[RaeUK]

Thanks so much for asking, eggy12, I've been waiting for someone to do so. There is so much possible fun provided by the National Standards!

 

You can even write a complaint to his company, to the relevant LA CEO [FORMAL COMPLAINT], and to your MP...

 

Here's what he should be doing [not sure if the last one applies to you but thought I'd put it in] :

 

Information and confidentiality

 

All notices, correspondence and documentation issued by the agent/agency must be clear and unambiguous and to the satisfaction of the creditor.

 

Copies of the National Standards for Enforcement Agents must be freely available from the offices of enforcement agencies, or agents on request and wherever possible from creditors.

 

Enforcement agents should provide clear and prompt information to debtors and where appropriate, creditors.

 

Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor. Where the debtor is not seen, the relevant documents must be left at the address in a sealed envelope addressed to the debtor.

 

 

I appreciate it's not law but it is the standard most of them agree they should be working to. The more people who help them achieve this by reminding them the better

 

 

Best wishes.

Rae.

Edited March 8, 2010 by RaeUK
Do read the National Standards - they're written clearly in the hope a bailiff can understand them...

[eggy12]

Will mention the last next time as the scraps of paper have never been sealed, maybe its because his used all his salava spewing brown stuff to the last unlucky honest person on his list..

 

Watch This Space

[hallowitch]

In my opinion the bailiff is allowed to levy for his fees others may disagree so you will have to make your own mind

this statement of mine has been bugging me cant believe i wrote it must be needing a holiday (eggy12 please accept my apologies for my mistake )

 

the bailiff was entitled to his first visit fee but he cant levy goods against it as they can only levy against the amount of the liability order outstanding at the time of the levy

 

it wont make a difference to the outcome of this post as you owe the bailiff nothing thats why he has been on the phone to you asking if we can sort this out

[eggy12]

Not a prob HW.. We all have bad days Bailiff's was yesterday pmsl

 

17th February 2010, 20:32 #3 (permalink)

hallowitch

Classic Account Holder

 

send him £24.50 1st visit fee tell him that under The council tax (administration and enforcement ) regulations 1992(amended )

regulation 45 charges connected with distress this is all you are legally entitled to pay

However if they want more fees to send you a screenshot of your account

after you have received this and depending on what it contains will depend on what further action you will take regarding the remainder of the fees they are trying to collect

you may have to pay a 2nd visit fee of £18

 

 

 

I listened to you .. Thanks for your help and have a beer/wine on me

 

Eggy12