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

[hallowitch]

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

 

 

I'm glad you found that post

 

I read the whole thread loads of times and it was bugging me i new it was wrong but i couldn't figure out why it was wrong

 

then it dawned on me they can only levy on the amount of the liability order

 

must be the vodi and irn-bru

[eggy12]

LOL Just had a call from bailiff and left message on phone, lost count of the times he said "we just want to resolve this matter" and his now... Going to reduce the bill to £84 as a gesture of good will !!!! How nice of him, and could i ring him back to make a payment to resolve this matter..

 

I will ring back when ive got the info i requested thanks

[hallowitch]

LOL Just had a call from bailiff and left message on phone, lost count of the times he said "we just want to resolve this matter" and his now... Going to reduce the bill to £84 as a gesture of good will !!!! How nice of him, and could i ring him back to make a payment to resolve this matter..

 

I will ring back when ive got the info i requested thanks

 

[ploddertom]

LOL Just had a call from bailiff and left message on phone, lost count of the times he said "we just want to resolve this matter" and his now... Going to reduce the bill to £84 as a gesture of good will !!!! How nice of him, and could i ring him back to make a payment to resolve this matter..

 

I will ring back when ive got the info i requested thanks

 

You'll know you've won when:

"we just want to resolve this matter" and his now... Going to pay you £18 as a gesture of good will !!!!

 

Noli nothi permittere te terere

 

PT

[eggy12]

Oh how things change lol.. Just had someone tap at the door but did not answer as playing a new PS3 game

 

Left Walking possession order in letter box !

 

I take it he must be trying to cover his butt ?

[eggy12]

oh just read the dates.. 17th of Feb its dated !!!!!!!

[ploddertom]

What does the walking possession say? Time methinks for Formal Complaint to CEO at Council.

 

PT

[eggy12]

Two ticks, just scanning

[eggy12]

Envolope

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

 

Walking order 1st side

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

 

Walking order 2nd side

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

[ploddertom]

What items has he supposedly levied on?

 

PT

[eggy12]

My old car in drive !

[eggy12]

My old car in drive ! This was done on the same visit as the van arrival apparently, In the message he left on my answer phone earlier he did state that his lowering the van visit charge if i accept and pay a full and final £84ish

[ploddertom]

His Notice of Seizure should have been left with you on the day it was done - no doubt they will find a plausible excuse for that.

 

Is it possible we can go back a few steps. Ring the Council and ask when your account was cleared - do not tell them why you want this. I believe hallowitch has already said that they cannot charge a levy fee and ATR fee the same day, so that already makes his Notice incorrect. If you can prove that he has levied on his fees alone then he will have more problems trying to enforce this.

 

If he has supposedly levied your old car:

Are the details correct

Taxed

Mot

Driveable

Value

 

PT

[eggy12]

Online council tax statement

 

HomeYour accountOnline balances

Balance Outstanding: £0.00

 

All Account balances were last updated on: 18/02/2010 at 13:17 pm.

 

 

 

Eggy12

 

I Owe the council nothing

 

Im going in tomorrow to stamp my feet about this, apart from the obvious what else should i complain about ?

 

Eggy12

[eggy12]

My armoury for tomorrow and for any future events is the letter dropped through my letter box on the 17th Feb (see post 34)

Breakdown of charges

http://i259.photobucket.com/albums/h...s/scan0005.jpg

along with

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

Followed with todays "back dated" (3 weeks) letter posted today

Walking order 1st side

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

Along with recorded message from bailiff wanting to come to arrangement after getting email asking for name of bailiff and what court certified at !

 

8th March 2010, 16:52 #37 (permalink)

eggy12

Basic Account Holder

 

Watch out, there are Claims Touts about!

 

Cagger since : May 2006

Posts: 124

 

Re: rossendales/Council tax pain in the rear

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

Edited March 11, 2010 by eggy12

[ploddertom]

Online council tax statement

 

Originally Posted by eggy12

HomeYour accountOnline balances

Balance Outstanding: £0.00

 

All Account balances were last updated on: 18/02/2010 at 13:17 pm.

 

 

 

Eggy12

 

 

 

 

I Owe the council nothing

 

Im going in tomorrow to stamp my feet about this, apart from the obvious what else should i complain about ?

 

Eggy12

 

I saw that post but that was dated after they supposedly levied on your car. You need to find out from the Council when payments were made to your account and at what status it was left in. Your Post No: 27 gives this info:

 

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

 

What you need from the Council is the status of your account as of 23/10, that will give a clearer picture.

 

PT

[eggy12]

Thanks PT i see what your saying..

 

l Logged onto council website and paid what was said i owed

 

Email recieved

 

Dear Mr Eggy12,

 

Thank you for your online payments!

 

This email is your official Receipt of payment, so please keep this email for your records.

 

Payment Reference: xxxx

Payment Date: 22/10/2009

Payment Time: 13:09

Payment Method: Delta

Payment Breakdown:

1. Council Tax Reference: xxxxxx (870.71)

 

Payment Total: 870.71

 

Direct Debit, the easy way to pay,

Set It and Forget It,

A mandate is a mouse click away,

http://www.xxxxx.gov.uk/counciltaxdirectdebit

 

Regards,

 

xxx Borough Council

VAT No: xxxxx

[eggy12]

I checked afterthatas in post here and account was zero

Edited March 10, 2010 by eggy12
Fingers working faster than brain LOL

[ploddertom]

I checked afterthatas in post here and account was zero

 

In that case I would ask that they confirm that to you in writing. I know it is more questions and letter/email writing but the more you have the easier it will be.

 

PT

[ploddertom]

Have had another thought and can't remember if this has been asked.

 

Do you know if the Council automatically pay the Bailiff or if it is then up to you to pay yourself?

 

I appreciate what has been said previously about you paying yourself separately in Feb but do you know what the official Council position is.

 

PT

[eggy12]

Well at least i can pull the ace from my sleeve here.. Well ish ! My ex wife works at local council and ive sent her a text saying that bailiff knocked when our son was at my home alone.. Gave her a quick run down and seeing as ive gave her a cheque for this months maintenance she may help me out.. Asked if i need an appointment to see CEO or can i just storm in and go off on one

[eggy12]

This looks like council do not pay and parasites are collecting there own fees as i paid online direct to council..

[ploddertom]

Well at least i can pull the ace from my sleeve here.. Well ish ! My ex wife works at local council and ive sent her a text saying that bailiff knocked when our son was at my home alone.. Gave her a quick run down and seeing as ive gave her a cheque for this months maintenance she may help me out.. Asked if i need an appointment to see CEO or can i just storm in and go off on one

 

Good one - as long as she breaks no confidentialities with you and gives you the Council line then you can quote it. Have you perchance asked the Council for a copy of the Standards etc they expect of the Bailiff's. have you also asked the Bailiff to produce his actual Court Certificate not his company ID.

 

PT

[eggy12]

She is trust worthy/knows what not to do.. She could take me to csa or whatever its called now as when i signed on last year she 'could' see my bank statements and what i was earning and get alot more than the agreed payments per month now but as as cagger i would cause a stink like no other if she used my classified info at the council office (Im not a none paying Dad, I see my son 3 times week so pay less and pay for his xbox games.. Far more expensive lol )

Asked Rossendales numerous times now for name and court certificate and latest mail to them seems to have produced this back dated (not a copy)walking order today so he can cover his butt..

 

Will ask for and get copy's of standards from council tomorrow, Asked bailiff during a heated exchange for National Standards for Enforcement Agents (Thanks Kel) but he said he did not have a copy tp hand, said he would be in area today so i said great, post it through letter box.. Got the back dated walking order instead as mentioned

[eggy12]

Going to council in a while, just found a letter from Rossendale stating council have instructed them to go ahead with claiming there fee's.. Those being 42.50 dated 2nd Feb, Armed with the info stating i paid before the second visit there figures are wrong and thus this whole thing is out of control..