Urgent help needed please, Jacobs bailiffs threatening to remove vehicle in next 3 days

[Capital_Con]

I have just returned from working away and had 3 letters from said bailiffs regarding an unpaid council tax bill, the first stated the money owed plus fee's, the second was the same (added fee's) but the third which also had added fee's (i believed they could only add fee's for the first two calls?) had wrote on it that he had levied my van that was parked outside my house and would be removed on Monday if the money wasn't paid. I am a self employed builder and use my van daily for work and storing my tools, i have read somewhere that bailiffs are not allowed to levy on work related items, is this right? The thing im bothered about is if they clamp or remove my van then i will lose money through loss of work, meaning more debt!

 

I am already in an agreement with Jacobs regarding a debt for which i stupidly signed a walk in possession agreement, these payments are all up to date and not in arrears, can they use this walk in agreement for the new debt or do they need another? Im not disputing the money owed, but not really sure what to do, do i ask them to add it on to the previous debt or call them and enter another agreement?

 

Any help greatly appreciated

[Yoshiro]

They cant use the walk in agreement for a different debt.

 

Write and letter to them and send it via email and registered post explaining you have been away and come back to find your van clamped. Explain its a tool of your trade and that you have had no chance to inform them of this as you were unaware of the clamp until your return.

 

I dont know if they will release the clamp or not, but they are supposed to!

 

Also they are allowed to charge £24.50 and £18.00 for a first and second visit where no levy is made, but then i dont know where you stand if they made the levy on the third visit?

[ploddertom]

I'm assuming Yoshiro is getting his clamps and levies mixed up and your van is driveable ie not clamped.

 

Is the vehicle on finance? Is it sign written? Is it insured solely for business? Are you the sole driver? Is the figure you have been given you owe the same as that provided by the Council? Can you list the charges they have applied so far?

 

PT

[Yoshiro]

I'm assuming Yoshiro is getting his clamps and levies mixed up and your van is driveable ie not clamped.

 

Is the vehicle on finance? Is it sign written? Is it insured solely for business? Are you the sole driver? Is the figure you have been given you owe the same as that provided by the Council? Can you list the charges they have applied so far?

 

PT

 

Aye PT, it would appear i have clamps on the mind today! DOH!

[Capital_Con]

Thanks for the replys guys, yes the van is driveable and unclamped.

 

Im unsure of the exact amount that was owed to the council but the first letter dated 11/8/2010 was for £866.13 + costs. The second letter dated 12/8/2010 was for £884.13 + costs and the third letter dated 20/8/2010 was for Notice of Seizure Of Goods & Inventory which had the outstanding balance as £841.63, a levy fee of £50 and then other fee's listed as £67 bringing the total to £958.63.

 

The vehicle is not on finance it was bought outright for me by a family member for which payments are still being made, it isn't sign written and i am the sole insured driver

 

Kind Regards

[ploddertom]

 

The vehicle is not on finance it was bought outright for me by a family member for which payments are still being made, it isn't sign written and i am the sole insured driver

 

Kind Regards

 

I assume the family member still has the receipt for its purchase, as they will be the legal owner. In that case you need to advise your newest best friend that you don't own the vehicle and he must therefore remove the levy and all other associated charges. You family member may need to fill out a Statutory Declaration to say they own the vehicle - cost £5/£10 at a solicitor/commissioner for oaths.

 

As I'm elsewhere I can't post a copy of a SD but hope someone else may, if not I'll do it later.

 

PT

[Capital_Con]

There was no receipt for the purchase as it was a private sale, but i thought that they couldn't levy on goods that are used for employment purposes? Seeing as it is the only vehicle that is in my name then obviously it is the vehicle i use for my business.

 

Kind Regards

[ploddertom]

There was no receipt for the purchase as it was a private sale, but i thought that they couldn't levy on goods that are used for employment purposes? Seeing as it is the only vehicle that is in my name then obviously it is the vehicle i use for my business.

 

Kind Regards

 

It is a lot easier to argue the vehicle is not yours - until you have finished paying for it that is - than the fact it may be a tool of the trade and essential to your business. It doesn't matter a jot in whose name it is registered as that is only the Registered Keeper and not the legal owner. I understand however if you don't want the rest of the family to find out. In the meantime until you get this sorted it will pay you to keep the van out of the way.

 

PT

[Capital_Con]

Thanks again for the reply, should i contact the bailiff and tell him it is not my vehicle and that i use it for business as he'll probably just call round again to collect the vehicle and add even more fee's onto whats already racked up wont he?? And what would i need to do to prove that i use the vehicle for my business??

 

Kind Regards

[ploddertom]

Thanks again for the reply, should i contact the bailiff and tell him it is not my vehicle and that i use it for business as he'll probably just call round again to collect the vehicle and add even more fee's onto whats already racked up wont he?? And what would i need to do to prove that i use the vehicle for my business??

 

Kind Regards

 

There are 2 issues here and you should use one or the other. Personally I would go with the first as it is easier to use.

 

1. As said previously if a family member paid for the vehicle initially and you then paying them back I would ask the family member to claim that the vehicle legally belongs to them - doesn't matter whose name it is registered with at DVLA. As they do not have a receipt for the purchase they would need to swear a Statutory Declaration stating the vehicle is theirs - they do not have to mention that you are paying for it as that is not the issue. A sample of what is needed is below, should be used and adapted to their needs and taken to a solicitor for swearing.

 

"STATUTORY DECLARATION

 

I,____________________________ ______________

address_________________________________________________

_______________________________________________________

make the following declaration under the Statutory Declarations Act 1959:

 

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person. - this is the paragraph that needs changing to reflect the vehicle details

 

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

 

Signed:

 

Declared at___________________on__________________of 20___

Before me,

 

 

Full Name___________________________Qualification____________

Address__________________________________________________

of person before whom the declaration is made (in printed letters)"

 

2. If you don't want to involve your family member you must write and tell them the vehicle is essential to your self employment and is insured solely in your name for business purposes, it's use is solely for business and no social motoring is performed. This one is usually a bit harder to argue.

 

In either case the letter should be sent to the Bailiff ASAP preferably by email and post (use Signed For). A copy should also be sent to the Council asking it be filed with your account for future reference. Any other fees they may charge can probably be successfully challenged.

 

PT