Is this levy legal?

[JamesXP]

Hi, i'm posting on behalf of my father who isn't very technical so is unable to post on here, we owed 230 pounds on a council tax bill, from 2 years ago which we had no knowledge of.

 

Bristow and Sutor visited on the 25th June, my dad was outside at the time, he talked to them, they asked to come in but my father refused, walked inside and locked the door, the bailiff never gained entrance to our house.

 

Around half an hour later a letter was posted through our letterbox, containing these two letters:

 

I have removed a few personal details, name, address etcetera.

 

(on the rear are some terms/conditions and a small box with a WPA section, this hasn't been filled in or signed, also date here is 25th, where as the seizure document has a date of the 20th)

 

 

 

 

My dad hasn't signed or agreed to anything, they seem to have put a levy/seizure on his car, another point to make is that the car has disabled tax, and the taxation class on the logbook is also disabled, my Dad is currently unemployed, receiving DLA benefit.

 

Are they legally allowed to take the vehicle with what they have provided? As far as I am aware they need to have made a WPA to take the car, they haven't clamped the car and it is also parked on our driveway.

 

Another thought is, are they allowed to take the vehicle with it being a disabled vehicle, it's my fathers only means of transport, he has blue badges.

 

 

Any help and advice is much appreciated and obliged.

 

James.

[RaeUK]

Technically speaking, I would say the levy and the way it was conducted was legitimate.

Except, of course that the bailiff shouldn't be levying on a car with disabled taxation and one that is clearly needed to support personal mobility of a disabled person. Ho hum.

 

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

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

Your Father would need to write to the bailiff stating that he is vulnerable as per the National Standards for Enforcement Agents. Include supporting evidence such as recent DLA correspondence or/and confirmation from his GP. Let them know that the car is taxed in the disabled band and - if he's anything like me - also has a large blue disabled sign in the rear window.

Email to the bailiff then hard copy posted by signed for.

Copy to the Head of Revenues at the appropriate council with a covering note. Posted by signed for.

Best wishes

Rae

[JamesXP]

Thanks for the advice, I shall speak to my father now.

[dx100uk]

can they levy on the first visit and charge both fees?

didn't think they could?

 

dx

[hallowitch]

your attendance to levy fee £24.50 cant be charged the same day as the levy fee

 

your redemption of goods fee should not be charged this fee is only chargeable if goods are removed and then returned before sale if the debt is paid

 

Is this car bought under mobility scheme

Is it on HP/finance

[hallowitch]

can they levy on the first visit and charge both fees?

didn't think they could?

 

dx

 

 

your thoughts are correct they cant

[seanamarts]

I am 99.9% sure that they cannot levy a vehicle that is classed as a disabled vehicle. You need to contact the council and bailiff company asap and inform them. As others have already pointed out you cannot have a 1st visit fee when a levy has been made, its one or the other.

who were the bailiff company.

[JamesXP]

as per the first letter, bristow and sutor car is privately owned.

 

 

Another thing this is the first time we've seen them come, and someone is always in, and both letters are 5 days apart, they was both posted by hand at the same time, surely he would've posted the one dated the 20th on the 20th not on the 25th, unless he is just trying to get more pennies by setting the dates 5 days apart, saying he's visited twice?

Edited July 3, 2010 by JamesXP

[hallowitch]

disabled tax, and the taxation class on the logbook is also disabled

 

 

send an e-mail/ recorded delivery letter to your council and ask what there policy is for levying distress on a vehicle that is taxation class disabled

[seanamarts]

 

 

Another thing this is the first time we've seen them come, and someone is always in, and both letters are 5 days apart, they was both posted by hand at the same time, surely he would've posted the one dated the 20th on the 20th not on the 25th, unless he is just trying to get more pennies by setting the dates 5 days apart, saying he's visited twice?

Its one of their 'tricks of the trade' I am afraid, and its a 'you prove it ' scenario.

[tomtubby]

Hi, i'm posting on behalf of my father who isn't very technical so is unable to post on here, we owed 230 pounds on a council tax bill, from 2 years ago which we had no knowledge of.

 

Bristow and Sutor visited on the 25th June, my dad was outside at the time, he talked to them, they asked to come in but my father refused, walked inside and locked the door, the bailiff never gained entrance to our house.

 

Around half an hour later a letter was posted through our letterbox, containing these two letters:

 

I have removed a few personal details, name, address etcetera.

 

(on the rear are some terms/conditions and a small box with a WPA section, this hasn't been filled in or signed, also date here is 25th, where as the seizure document has a date of the 20th)

 

 

 

 

My dad hasn't signed or agreed to anything, they seem to have put a levy/seizure on his car, another point to make is that the car has disabled tax, and the taxation class on the logbook is also disabled, my Dad is currently unemployed, receiving DLA benefit.

 

Are they legally allowed to take the vehicle with what they have provided? As far as I am aware they need to have made a WPA to take the car, they haven't clamped the car and it is also parked on our driveway.

 

Another thought is, are they allowed to take the vehicle with it being a disabled vehicle, it's my fathers only means of transport, he has blue badges.

 

 

Any help and advice is much appreciated and obliged.

 

James.

 

 

This is utter NONSENSE !!!

 

There are so many error that this is stupid. First, the fee scale on Bristow & Sutor's own documents is misleading. The statutory regulations provide for a fee of £24.50 for "Attending to levy (where no levy was made). In other words if a bailiff visits your house and is UNABLE to levy upon goods he can at least charge a fee.

 

ALTERNATIVELY, if he is ABLE to levy then he can INSTEAD charge a levy fee. He CANNOT charge a fee for both fees on the same day.

 

I have looked at the so called "Notice of Seizure" and this is strange in that it is clearly NOT dated 20th June as this was a SUNDAY !!!

 

I have read the date to be the 20th FEB 2010. If so, then by allowing a period of 5 months to elapse without enforcing the Seizure then it is CLEAR that the bailiff has abondend the levy.

 

Next point is that the bailiff has confirmed that the vehicle is TAXED. In making this statement he MUST satisfy the local authority (as they are wholly responsible for the levy) that they had SEEN the tax disc. If he had then he would have noticed that the vehicle was TAX EMEMPT. This normally a CLUE and should ring alarm bells to any sensible person that the car is owned by a DISABLED PERSON !!!!

 

Last point, the bailiff can only seize goods that he has identified. That does NOT include keys and documents !!!

 

A letter of compliant marked for the attention of the CHIEF EXECUTIVE of the local authority needs to be sent asap.

[JamesXP]

Good spot on the 20th of February thing, didn't even notice this.

 

 

So having found this out, if and when the bailiff comes and attempts to take the vehicle which is upon our drive, displaying the valid blue badge, what should we do?

 

thanks for the reply.

[seanamarts]

Good spot on the 20th of February thing, didn't even notice this.

 

 

So having found this out, if and when the bailiff comes and attempts to take the vehicle which is upon our drive, displaying the valid blue badge, what should we do?

 

thanks for the reply.

If the bailiff is clever he wont risk taking it, but it you get a numpty who hasnt a clue what he is doing then he may be risking his certification.

Make sure you inform the council asap.

[tomtubby]

Good spot on the 20th of February thing, didn't even notice this.

 

 

So having found this out, if and when the bailiff comes and attempts to take the vehicle which is upon our drive, displaying the valid blue badge, what should we do?

 

thanks for the reply.

 

I have already answered this by saying that you need to WRITE A LETTER of complaint to the local authority...

 

Don't wait for a visit !!!