Two Baliffs for county council tax

[bigdaddyc]

Hi,

We have two oustanding bills for council tax.

 

B & S of Blackwood have called twice so far been denied access to my partners home. Afther their 2nd visit the bill jumped from £244 to £261.

It was the same guy both times.

I have made an online payment of £5 last tuesday and will make another today directly to the council.

On the phone yesterday they told my partner they couldn't accept less than £100 before setting up a payment plan.

On telling them she couldn't pay that she was told to ring the bailiff who said £75 was the minimum. On the two occasions he called to the home he was very polite to me ( I am a bit of a lump though) although I made clear he wasn't coming in. Yesterday he turned nasty on her and threatened her with prison and coming round to collect goods. We don't have because of the bailiff below.

I have tried to assure her this can't happen, especially if she starts paying the council, as they haven't gained entry but she panics a lot

 

Andrew James from Swansea called (I'd only gone down the shop) and after telling my partner he was from the council, (illegally I believe) entered the property and she signed a walking possession noitice on her car.

The bill with fees attached was £202.90 (off the top of my head).

£11 for levy

£15 for attendance

£22.50 for something along those lines.

She paid £10 on the day and got a receipt so the account stands at £193 (I can't remember the pennies)

 

He has levied her car, she is the registered keeper. Her father bought the car and we haven't paid him for it yet.

 

Since he has levied the car we have remaining in our property.

One 42" TV bought by her father with receipt in his name.

One other 32" TV on hp from brighthouse along with our 3 piece suite and two telly stands. I believe all of these are exempt.

A table and chairs on hp from buy as you view payable via money box we had placed on the 42".

 

We also have a ps3 and laptop in the eldest boys room, a wii, psp, laptop and 19"telly in the youngest girls room, and a wii, psp and ancient tv/video in the youngest boys room. The tv/video is actually the landlords. Can he touch this telly or the kids laptops & games systems?

I took photos of them 'in situ'

There is a desktop PC that belongs to the company I work for and is stamped to show that. I took photos of this.

 

Other than this we have a cooker, washer, fridge/freezer, chest freezer, condenser dryer, and evidently linen and beds.

I believe these are also exempt as she has four children 3,5,11,14.

I know they can take the microwave and toaster so didn't bother listing them.

 

My mother has offered to lend the £193 to pay the Andrew James one off but would we be better placed paying the council off directly and paying their fees seperately.

Edited June 8, 2010 by bigdaddyc
Added property of children

[seanamarts]

whoa whoa!! has he levied all the items you have stated above?

If that is the case then the bailiff has not only levied excessively, which is not allowed, he has also listed exempt items and items on HP. The levy is illegal, no doubt about it.. I suggest you pay the council off asap using their online payment system. I would also write and complain to the bailiff company and send in a complaint to the Chief executive out lining this.

[seanamarts]

By the way your not a wont payer so the chances of being sent to prison is nil.

Also is your partner on any benefits at all

[bigdaddyc]

No that's a list of what's left in the house.

The only thing that's been levied so far is the car by AJ.

I only wondered if the rest was able to be levied.

I also wonder if since we haven't paid her father for the car if it is her's yet.

 

She was on benefits until yesterday, she is currently attending the council offices to try and persuade them to take the debts back.

She has the £190 I spoke of with her.

Edited June 8, 2010 by bigdaddyc
News update

[hallowitch]

personally if i was in this situation i would try to arrange a payment plan with the council/bailiffs for both debts

 

i would not pay the debt being collected by AJ in full

 

AJ have a walking possession agreement against the car this stops any other bailiff firm levying the car if you can make an arrangement to pay this by standing order at x amount per week then you should not incur more fees (as long as you stick to the agreement )

 

if her dad has proof he purchased the car then is a different ball game

[hallowitch]

what payment agreement did she make with the bailiff from AJ when she signed the the WPA

[seanamarts]

No that's a list of what's left in the house.

The only thing that's been levied so far is the car by AJ.

I only wondered if the rest was able to be levied.

I also wonder if since we haven't paid her father for the car if it is her's yet.

 

She was on benefits until yesterday, she is currently attending the council offices to try and persuade them to take the debts back.

She has the £190 I spoke of with her.

Ahh righto, well all white goods cannot be taken, microwaves can. anything belonging to the children cannot be taken. Anything on HP cannot be taken.

sofa and chairs cannot be taken, dining table and chairs cannot be taken, anything that does not belong to the debtor cannot be taken.

As for the car, if you can prove that your partners father bought the car and your partner hasnt paid it off yet then I am sure they cannot take this either as it does not legally belong to her until it has been paid. I could be wrong and some one who is better at knowing about this sort of thing will further advise on this.

[bigdaddyc]

My partner has just paid the full £144 to the council so that debt is finished. We obviously owe the AJ Enforcement bailiff fees of £48. I believe the levy on the car is no longer enforceable?

The other bill has been recalled and payment of £5 a week have been accepted.

Are we responsible for the B&S bailiff fees as we have no signed agreement with them, only received 2 letters and my partner has never actually spoken to them.

[fluffy_bunny]

By the way your not a wont payer so the chances of being sent to prison is nil.

Also is your partner on any benefits at all

 

Really? with 2 wii, laptops etc for the kids

 

I think a bailiff would view this differently as would CAB and the council

[fluffy_bunny]

My partner has just paid the full £144 to the council so that debt is finished. We obviously owe the AJ Enforcement bailiff fees of £48. I believe the levy on the car is no longer enforceable?

The other bill has been recalled and payment of £5 a week have been accepted.

Are we responsible for the B&S bailiff fees as we have no signed agreement with them, only received 2 letters and my partner has never actually spoken to them.

 

Were the letters hand delivered? If yes, then you will owe them 24.50 for 1st visit and 18 for second visit

[seanamarts]

Really? with 2 wii, laptops etc for the kids

 

I think a bailiff would view this differently as would CAB and the council

Erm there are children in the house yes? Im sure the children have grandparents, aunts and uncles etc who may have gifted them, there is nothing here that suggests the parents bought them.

For your information, you can pick up wii's and laptops for under a £100 now,I myself picked up a brand new wii for £70 on ebay just the other day, they are not expensive if you look in the right places, not to mention that you can get free laptops through a government scheme for children under the age of 16 and over the age of 7.

You know as well as I do that bailiff cannot touch children's toys any way. You sound very begrudging that the children should have such things just because they have fallen behind on their council tax that has now been paid.

 

Lets all go and sell our childrens toys to pay off our debts!!, is that what you are insinuating bunny!!??

[Thegreenpimpernel]

I'm afraid he can seize the car for the fees - you need to pay them or get the levy canceled with a stat dec or evidence of ownership.

 

Personally i would pay them to avoid it escalating with attending to remove fees THEN get the levy fee refunded by supplying the evidence.

 

If they attend and you can't prove you don't own the car, it will either get taken away or a £100 plus fee added.

[bigdaddyc]

We spoke to Andrew James on Tuesday after settling the council tax bill and agreed a payment plan of £5 a week to pay off their fees.

On Friday we got a letter dated Wednesday saying we had failed to pay and they were coming for the car!!

The levy had supposedly been taken off the car btw.

They denied the phone call and insisted we pay them.

Fortunately my mother was the one who spoke with them and had written down all the relevant details etc of the phone call.We will pay them £5 this week as agreed and i will settle the difference next week. (43.50). We also had the council receipts.

 

To answer the other question the letters were hand delivered by B&S. Two visits, the council has taken the debt back so evidently we pay the council for the council tax, will they take on the bailiffs fees or is that like Aj and we pay them seperately.