Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4396 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Due to circumstances beyond my control, I found myself unable to pay my council tax and after burying my head in the sand had the debt passed to Jacobs Ballifs.

 

I made an agreement with Jacobs to pay them a little over £350 pm for four months. Somethig in reality I could never really do, looking back. However I whittled at the debt. I recieved a letter from the local authority with this years tax bill and a outstanding debt of £224.

 

Then we had a visit from the ballif. Well a letter pushed through the door. It stated that I must pay him £339 within fours hours otherwise they will return with porters etc to remove goods.

 

I contacted Jacobs direct asking for a breakdown of charges. They siad they could not (or would not?) give me that breakdown and I would have to speak to the baliff in charge of my case. I asked them if theyhad possesion of a walk in possesion. They said they did not but had put a levy on my car! Without me knowing.

 

I then tried to ring the baliff in charge, on several occasions, but got no reply.

 

I then contacted the local council and sought their advice. They were very helpful and I ended up paying off my arrears direct to them. As I did not want to pay the baliffs anything in case the charges were incorrect, but did want to clear the debt.

 

Yesterday I found another letter on the mat when I got home. Same format intend to visit with porters and van etc within 24 hours etc. To collect the sum of of £114.50. Which is the baliff charges.

 

I contacted him this morning and asked for a breakdown of the charges. He was a bit vague but after pressing him I managed to get this out of him.

 

December 16th 2009 first visit, no levy. £24.50

January 4th 2010 Levy placed on car. No fee specified?

April 27th 2010 Attendance fee. £90

 

Total £114.50

 

Issues I have:

 

1/ The levy placed on my car without my knowledge, along with it being subject to a HP agreement and worth ten times more than the amount owed.

 

2/ The £90 attendance fee. Where does this come into things?

 

I'm not adverse to paying what I owe and if it's right fair enough. But it just dosn't seem right to me and on speaking to the baliff he seemed to be on the back foot, vague and defensive. Which just seemed suspicious as his cocky nature seemed to have evaporated.

 

Thanks for any help and advice you can give me.

 

Nige.

Link to post
Share on other sites

Firstly they cannot levy on a car that is on HP. Send them a letter with a copy of the finance agreement, or a stat dec to that effect. The most you should be paying for their fees is £42.50 which is £24.50 first visit fee and £18.00 second visit fee.

Link to post
Share on other sites

Just to add to the confusion I am px'ing the car on Friday. Is that a problem?

 

So I just owe for two visits. And the £90 is non enforcable because the levy is incorrect? Or is the £90 incorrect because he did not attend with a van etc to remove goods. Or because it's him trying his luck with a spurious non lawful fee?

 

I like to have all the facts before entering into a dispute. Lol

Link to post
Share on other sites

Just to add to the confusion I am px'ing the car on Friday. Is that a problem?

 

So I just owe for two visits. And the £90 is non enforcable because the levy is incorrect? Or is the £90 incorrect because he did not attend with a van etc to remove goods. Or because it's him trying his luck with a spurious non lawful fee?

 

I like to have all the facts before entering into a dispute. Lol

Link to post
Share on other sites

Basically as the car is on Hire Purchase it doesnt officially belong to you, you are just the keeper til its paid off. So therefore the bailiff is not allowed to take the car. Once proof is provided that its on HP then they have to remove all fees associated with the levy as the levy is no longer legal :)

Link to post
Share on other sites

Council tax ones are difficult. If it belongs to a wife or partner i believe they can levy on it (dont hold me to that though, just something i read somewhere before) as both parties are liable for the council tax.

 

However if the car belonged to someone else, i.e. a parent, then a stat dec should be done to show the debtor is not the owner and then the levy cannot be applied.

 

Although this doesnt stop the bailiffs who think that no law applies to them and will try anything and then plead ignorance when picked up on it, or lie their way out of it!

Link to post
Share on other sites

Then i should imagine that as it didnt belong to him it should be ok to get a stat dec done etc......

 

But someone should come along soon and give a definitive answer on all this as what i say is just pieced together from other posts read over time.

Link to post
Share on other sites

marksmiles, the answer to both your queries is that a bailiff - no matter what they are collecting for - cannot take property not belonging to the debtor.

Whilst this may sound facetious - it's not meant to be - may I suggest you start your own thread for hypothesis rather than hijacking an advice thread concerning someone elses problems?

Best wishes

Rae

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...