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

[hallowitch]

you may want to ask the council why the bailiff didn't levy the car on his first visit as the car was on your drive at the time

after all thats why the bailiffs is there to levy distress

 

 

A For making a visit to premises with a view to

Levying distress (where no levy is made) -

 

 

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

[eggy12]

yes HW.. Bailiff know's im on his case and thats why he posted a back dated levy yesterday. and even with that he still cannot levy and charge a van visit on the same day

[eggy12]

(ii) for walking possession: £12.00

 

So if this walking order was on 17th feb as his back dated it too then why is the fee not shown on the statement of account Rossendales sent me ?

[hallowitch]

the point I'm making is when the bailiff came to your house Oct 20 2009

he was there to levy distress or collect payment

 

as your car was on the drive at the time of this visit he should have levied it then

if he had levied on the 1st visit there would have no reason for the second visit and the only fees he would have been able to charge would have been the levy fee and walking possession fee (cant charge visit fee WPA fee levy fee on same visit)

 

there are only 2 reasons why the bailiff didn't levy on the first visit

 

1 to gain more fees

2 he new the car had no value at auction

 

 

because he didn't levy on the 1st visit he expected to come back at a later date to gain a 2nd visit fee and levy fee

Edited March 11, 2010 by hallowitch

[eggy12]

Right.. I see.. Just barked down the phone at the council and they agree that 24.50 is all that I should have been charged, told them of all the tactics there using just to gain money.. There going to get back to me !!

 

Watch this space

[ploddertom]

Remember that the Council are also responsible for this situation which their contractor has blown out of all proportion. If not resolved satisfactorily you will issue claim in County Court for return of the £18 they owe + costs and will name Council as Co-defendant. Give them 7 days to return your money + apology for all the hassle, if they still appear reticent then you could always argue that for the length of time you have had to take to research all this you will also claim costs for the time taken.

 

The Bailiff's still have not complied with your request for the attending Bailiff's name or Court he was Certfiicated at.

 

PT

[hallowitch]

hopefully a cheque for £18 on its way to you shortly

[eggy12]

Ok just spoke to a lovely lady at council office on phone..

 

She says basically the bailiff fee's are just !!!

 

What I said is that because I paid online the debt is settled and i only need pay rossendales 24.50.. she then says but if you paid rossendales like you were supposed to then the matter would be resolved, i said no because then an outstanding bill from rossendales would be left and then they add as many charges as possible ( she then put me on hold to speak to line manager) She comes back to say there fee's are justified. I said why did they do a van visit and levy charge the same day she said they are allowed to !! (after being put on hold again) She says a letter was delevered to my address sometime in November saying a van will visit to collect fee's. I said according to this letter i have from Rossendales dated 2 Feb 2010 you only "then" gave them instructions to chase outstanding fee's so the 18 second visit is still a visit trying to collected council tax, she said the fee's are a part of the council tax !

 

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

 

After arguing my point a while longer going through everything i could i decided enough as not getting anywhere and said my best approach now is a formal letter, I then took her name and hung up !

 

Eggy12

 

I think what she is trying to say is the second visit is for fees.. Makes no sense

Edited March 12, 2010 by eggy12
Added extra comment

[hallowitch]

I said why did they do a van visit and levy charge the same day she said they are allowed to !!

OH no they are NOT is she going to send you this in writing

[eggy12]

She says they sent a letter in Nov 09 saying a van will visit to collect and a levy was placed on same day !

[hallowitch]

Oct 20 2009 Visit 1 24.50 0.00

Oct 26 2009 Visit 2 18.00 0.00

 

do you have a copy of these letters

 

can you remember how much the bailiffs wanted from you on his first visit

[eggy12]

Wiil try and dig them out..

 

What im suspecting is this;

 

I paid online the amount outstanding, there fee's are 24.50 and maybe the reason the second visit was for is to collect that incurring the second charge of 18.00... still seems wrong though ! Wont know i till dig out the letters or get access to there data !

[eggy12]

Can some point me in the direction of what a bailiff can and cannot do regarding place a levy fee and make a van visit/attendence fee on the same day.. Im lacking in knowledge as to argue this point.

 

thanks

Eggy12

[hallowitch]

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

C For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred.

(where, following the levy, goods are not removed):

 

[eggy12]

Thanks HW.. "Following the Levy" is just what I needed

[eggy12]

I think its time to send a SAR.. One needs to know exactly what they are up to and then throw in the small claims

 

Eggy12

[eggy12]

Oct 20 2009 Visit 1 24.50 0.00

Oct 26 2009 Visit 2 18.00 0.00

 

do you have a copy of these letters

 

can you remember how much the bailiffs wanted from you on his first visit

 

Can only find first visit letter having done one search in the mountain of paperwork lol... Not even dated !

 

Not heard anything since last email sent for some strange reason, sent text to Bailiff in charge saying i got his answer phone message and will talk to him when his company reply to my information request !

 

http://i259.photobucket.com/albums/hh289/eggytwelve/Rossendales/scan0006.jpg

[eggy12]

They just wont give up will they.. They have someone else trying it on now, maybe its there "more experienced than last time bailiff" ! Been a few months so i thought they got the picture then but no..

[eggy12]

There still at it lol.. Quick update

 

About a month ago they sent a letter saying i still owe £134.50 and "can confirm an instalment arrangement has been set on your account"

 

They can confirm what they like it makes no odds to me

 

New letter today says ive failed to adhere to arrangement and propose to remove your goods.. Cost of van attending will be £110

 

 

Any ideas on a nice reply to them ?

 

Eggy12

[Dhimmiwit]

I think its time to send a SAR.. One needs to know exactly what they are up to and then throw in the small claims

 

Eggy12

 

Eggy

 

 

Did you get your SAR?

[eggy12]

No i have not bothered as they stopped visiting after i sent bailiff a text saying no correspondence till I get details that i asked for

[Dhimmiwit]

No i have not bothered as they stopped visiting after i sent bailiff a text saying no correspondence till I get details that i asked for

 

 

Oh well.

If you do decide to, get ready with those non-compliance letters for when the 40 day deadline is up and you have heard nothing

[hallowitch]

eggy 12 having a good read of your thread before i add my 2 pence worth

 

this letter clearly states thats the council have given there permission to proceed for costs of £42.50

 

 

the levy post 59 (i know it was backdated thats not the point at the moment )

so in effect regardless of the date of the levy the bailiff has levied goods against there costs only

 

councils don't make the rules legislation does

 

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

[eggy12]

so are you saying i do owe them £134 ? Or can i still argue they cannot do a van visit and levy on the same day, on there statement it shows van visit first then levy !

 

Im still unsure about this rule

 

 

C For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred.

(where, following the levy, goods are not removed):

 

could this mean they turn up, levy goods but dont remove them.. But can charge me £110 + levy fee for the pleasure and not as previously mention that cannot do van visit and levy on same day ?

 

 

OK edited post to add this i found here

http://www.advicenow.org.uk/advicenow-guides/consumer-and-money-problems/dealing-with-bailiffs/what-bailiffs-can-charge-html,621,FP.html

 

Council Tax

 

Bailiffs collecting Council Tax are not allowed to charge you for letters, but they can charge for 2 visits (£24.50 for the first, and £18.00 for the second). They can't charge you for any more than two visits (unless you owe Council tax for more than one year, then they can charge you for two visits per year). If they take your stuff, they can also make a 'levy charge' for their time and effort. The amount depends on the size of your debt: the more you owe, the higher the charge. The rules are complicated - but as a rough guide, if you owe less than £100 its £24.50, if you owe £500 its £40.50, if you owe £2000 it's £78.

They can also charge £12 for making a Walking Possession Agreement and, if you have not kept to the agreement, they can charge you for hiring a van to take your belongings away. This must be in line with normal van hire rates. Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement' - although many dodgy bailiffs will try this.

 

So the way I see things is the procedure they should have followed is this

 

They come levy my car

They give me time to pay up

THEN they come back with hire van to pick up my car and charge me £110 for the vehicle !

 

HOLD ON... If they levied my car they should dam well no they wont get it in a van so why charge me a van visit ?

Edited September 8, 2010 by eggy12

[hallowitch]

no what I'm saying is that there are no fees to pay as the bailiff levied goods for there fees

 

we must inform you that we have now received instructions from xxx council to proceed for outstanding costs only (confirms they are looking for costs)

 

please forward £42.50 within the next 7 days to enable us to close our file failing which we will have no alternative to but to proceed with the execution of the liability order

 

the bailiff cant levy for there fees and the council cant give them permission to do this as we know fee are set by legislation

 

they cant proceed with the execution of the liability order by the time this letter was sent out there was no liability order the liability order had been paid