Help - Trying to nail Rossendales!!

[emzickle]

Could someone please give me some advice on the next step.

 

I am helping a couple who have had a visit from Rossendales bailiffs. They have been paying the debt on line directly to the council.

 

Bailiff turned up at door today to say they had an hour to find £350 or will be coming back with locksmith and van to remove goods.

 

When i got round there to help, discovered that the person had signed a walk in posession, one in April last Year and 2 in November last year for 3 different debts owing to council tax.

 

On reading the walk in posession i discovered that had included 2 & 3 seater sofa, (nothing else left to sit on if these are taken), TV, still being paid for to perfect homes and a broken freeview box.

 

I then discovered that the 3 different walk in posessions have all been signed by the tenant but each one is a complete duplicate of the other, so every item has been levied 3 times.

 

Now i phoned Rossendales to explain that the bailiff would not be gaining entry as walk in posession is not valid. They argue that as long as the goods will cover the amount owed they can write them down as many times as possible. Asked to put the account into dispute and they agreed to hold they account whilst it is looked at.

 

Then spoke to bailiff and explained will not be gaining entry as, not possible on an invaild walk in posession, explained all the points that it is invalid. To which the bailiff said I was stupid and need to learn the law, and if I wanted to play it like that then they will come back this afternoon to break in!! He will not be getting in!!!!!

 

The help i need is, has anyone got any copies of regulations/law concerning walk in posessions, that I can quote to Rossendales to once and ofr all prove that they are in the wrong?

 

Help and advice will be much appreciated.x

[ploddertom]

Best bet here is to send a PM to Hallowitch as I'm nearly sure she has the things you require.

 

PT

[hallowitch]

once goods are Levyed they do not belong to you they belong to local authority who instructed to bailiff to take walking possession of them

 

 

 

read your notice of seizure on it near the bottom there should be a Walking possession agreement somewhere on this part there should be words to the effect of

 

 

I will inform any person who may seek to levy any other distress or execution that you are

already in possession of the property distrained upon and I will inform you of any such visit;

[hallowitch]

On reading the walk in posession i discovered that had included 2 & 3 seater sofa, (nothing else left to sit on if these are taken),

 

Irregular Distress (Levy) by Bailiffs

With thanks to Tomtubby

[edit]MRS AMBROSE v NOTTINHGAM CITY COUNCIL

 

Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 lists the following items as being exempt from seizure:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"

"Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".

As the Council Tax remained unpaid, the bailiff returned with a van to seize furniture that included a sofa, footstool and two dining chairs.

District Judge Cooper agreed that the seizure was irregular as the bailiff had removed furniture that was necessary for “satisfying the basic domestic needs of Mrs Ambrose and her family” This was because, amongst other items removed, the bailiffs had removed 2 dining chairs. They left behind the table and the remaining two chairs. As the family consisted of Mrs & Mrs Ambrose and one child, the bailiffs should have left seating for 3 people, not two.

Nottingham City Council had argued that there could not be any irregularity as Mrs Ambrose had signed the Walking Possession. This was rejected by Judge Cooper who agreed that Mrs Ambrose was faced with the prospect of having her goods removed unless she signed the Walking Possession.

[emzickle]

Thanks for the reply, that will come in handy if they try to agrue about it.

 

Just wondering am I correct in thinking that they cannot levy the sames items on 3 seperate occassions for 3 seperate debts?

 

Would this also make the walking posession invalid?

 

Thanks

[impecunious]

It sure would!!

 

Impecunious!

[seanamarts]

As HW once pointed out to me, how can they levy items that do not belong to you? Once a levy has been made the items on that levy no longer belong to you, they belong to the authorities. So how can they levy on these items if they no longer belong to the debtor. The bailiff knows this but he is counting on the fact that you do not. They are trying to get money out of you for doing nothing.

[emzickle]

Thanks for the replies guys.

 

I have complained to head of council tax and asked for debt to be taken back, and am waiting for a reply for Rossendales with rgeards to to invalid levy and fees applied to the account.

 

Will keep you posted