council tax & bailiffs

[nat33]

Hi i will try to keep this short,i have had to move around properties for 3 years due to domestic violence which caused me to have a breakdown,anyway found out that ex hadnt paid the council tax for 2 years had an attatchment of earnings on my wages he doesnt have to pay as he doesnt work,even though im ill looking after 3 kids and working all the hours,then i had to stop work through having a breakdown for 3 months i phoned the council and explained they wasnt interested at all,then i was falling behind in payments for this year as they were deducting from my wages was on sick pay rent is £600 a month next thing i knew was that i was having another attatchment on my wages,so i rang them again this women who was so rude to me said and anyway the bailiffs will be coming out about another address,i thought no way then i found out they were caharging me for a property which i had already left c/t for that i have worked it out as i them 3 months but they ar esaying no its 7 months any way they said we have sent you letters i havent received any at my new address for this bill,i always leave the garage door unlocked as my boyfriend comes to mine after work as he lives far away and it saves him time going home then coming to mine later he always parks his van(company van) on my drive,he then goes walk abouts but as he doesnt have any keys he cant lock the garage door when i got home from work the bailiff had been in through the garage listed items pool table,freezer,tumble dryer and a van on the drive,i tried in vain to phone the company but my credit on my phone kept going and cant top it up until tomorrow

I did speak to the bailiff and she said i havent got the paper work you need to speak to the office,but whats worrying me is that they give you 5 days on the seized items but the van isnt mine and they count weekends too as the 5 days,i dont know what to do or anything went to the cab friday she phone dthe council up the man was rude to her so she is putting in a complaint,she phoned me friday evening and got some more details and she said she is going higher,i have an appt tomorrow @ 2.45pm,but im going to phone the leader of the council tomorrow and see if he can help as im fed up with being bullied by the staff at the council all because i was in a violent relationship and i couldnt cope with life.

[dx100uk]

i think you should be classed as vunerable

this should get it stopped.

 

 

have a read of a few threads in this forum.

 

dx

[nat33]

Thanks ive been looking through them,just a few questions

Can they take a company van?

I didnt sign anything as i wasnt here!

Also im so worried for my children if anything happens they will think its my ex they will be terrified

[dx100uk]

Thanks ive been looking through them,just a few questions

Can they take a company van?

 

no!!

 

 

I didnt sign anything as i wasnt here!

Also im so worried for my children if anything happens they will think its my ex they will be terrified

 

thats why you need to contact the council as a matter of urgency

 

you are classed as vunerable i'm sure

 

dx

[nat33]

Ive tried i was up there at 8am friday morning she told me to go to cab in which i did,she tried to speak to the man he was rude to her so she is complaining i have an appt tomorrow just cant get my head around it all.

[dx100uk]

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

dx

[nat33]

Thanks i didn't realise this.

[hallowitch]

send the council and the baillifs this e-mail

 

 

 

baillif xxxx levied vehicle regxxx this vehicle does not belong to me

It is my understanding that due to a local govement report the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them.

as said vehicle does not belong to me clearly this practice is still in use by baillifs collecting council tax on behalf of xxx council

for you convenience this is a copy of the Andrew Hobley Report provided by the IRRV from their INSIGHT Magazine

 

 

April 2010 Insight – Local Government Ombudsman

 

As it has become increasingly difficult for bailiffs to gain access to debtors’ homes for the purpose of taking goods for council tax, the practice of levying on vehicles in the absence of the debtor has grown. These vehicles may be parked on the debtor’s property or in the road outside. This practice, if abused, can lead to the Local Government Ombudsman finding fault with the bailiffs and the council employing them.

 

The Ombudsman has dealt with at least four unreported complaints when cars parked in the road were levied on, but did not belong to the debtor. In each case the bailiffs assumed that the vehicle belonged to the debtor, but did not check ownership before making the levy. In one case, having levied on the car, a notice was put through the debtor’s letterbox including the fees. As the debtor did not respond, the bailiffs returned to remove the car, but found it was no longer there. Despite not being able to levy on the goods the bailiffs charged a “van fee” (under head C of Schedule 5 of the 1992 Administration and Enforcement Regulations, as amended) of £105, and posted a further notice through the letterbox to advise the debtor of the new, higher debt.

 

In three other complaints, involving a different authority, the same thing happened – with levy and van fees being charged for cars not owned by the debtors. In those cases the debtors contacted the bailiffs to say that they did not own the cars. The bailiffs acknowledged this, but still insisted that the levy and van fees were payable. When our investigator queried this with the council, they were told that the bailiffs would have checked with the DVLA before moving the car, but even if the debtor did not own the car the levy fees would not have been removed.

 

These practices are likely to result in a finding of administrative fault by the Ombudsman. There is no question that when bailiffs have carried out a relevant action, they are entitled to the fees the law allows them to charge. However in these cases the levy and van fees were being charged for goods that the bailiff would not have removed - had the car been found and the bailiffs checked before removal, it would have been found they belonged to a third party.

 

A council may say that a check would be made before any removal, but this does not prevent possible fault. Some debtors will pay when they receive the levy or other notices, and will pay fees that should not have been charged to them. Levying on a car parked on someone’s drive may appear less problematic as it is more likely to belong to the debtor. But if it does not, and levy and van fees are charged and paid, then the debtor has suffered the injustice of paying fees that were not due.

 

In all four cases the Ombudsman recommended the same remedy. The levy and van fees should be refunded and the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them. Debtors should pay what they owe, and if a vehicle belongs to the debtor (and any levy would not be excessive) then levying and charging reasonable fees would not be questioned by the Ombudsman.

 

All councils are encouraged to ensure their written policies say that bailiffs, whether internal or external, do not levy on vehicles without first checking ownership. Failure to do so could mean that any future complaints to the Ombudsman may be the subject of a public report against the authority.

 

 

Andrew Hobley is Senior Investigator with the Local Government Ombudsman.

 

can you please confirm by e-mail that this vehicle will not me removed and all charges regarding this will be removed from my account

 

yours

MRS xxxxxxx