council tax!!!

[janey100]

think you may be able to help me. Ill be as brief as i can, I got a breakdown of charges from Bristow and sutor. Firstly the first and second visits recorded never happened! how do i prove this. Then the next visit, which was the first in my opinion, I did not let the bailiff in, but he recorded my car on an inventory, but i told him that i was a community carer and could not work without my car, I was already aware this was an exempt item. He procceded to levy it anyway. He then went away. I phoned company, made an offer of payment which was refused, they wanted far to much from me per month, I made payments to them anyway and some to council. sadly i missed one weekly payment and then a nasty, obnoixous bloke with a hoody on came to my door with a van and another bloke in the van, they did not gain entry. They charged 130, then another 100 because visit went over half hour, which Im sure it did not. they threatened to take car( how they were going to fit it in the van i do not know!!! lol) I told them again i need car for work. I gave them my debit card for payment knowing I had not enough money in the bank and it would be rejected, witch it was. They mumbled something about back to council and left.

 

I went to C.A.B, and with help made an agreement to pay, I made 2 payments and could only pay half of next payment on time the the other half a week later, I rang them and they said this was ok. One week later! sadly front door was open and next thing I know a bailiff is in my kitchen, oopps. He had once again turned up with a van 130, and another bailiff. he made a fuss and moved a telly from one place to another but did not take it, he then told me i got 24 hrs to find about 75 per cent of outstanding balance, he also told me to borrow from someone to pay him, i think that was wrong. Then another charge of 100 was added for going over half hour, he was not here for half hour!.

next day i did pay what was asked, after borrowing from Provident loans. i got 200 left to pay. and have payed first payment of left owning.

 

Can i get levy and redemtion fee back, as levy was exempt item?

Can they charge van fees if no good levied and nothing taken away x 2

 

Sorry that was not very brief was it

 

Hope you can help

 

Janey

[hallowitch]

I got a Breakdown of charges from Bristow and sutor. Firstly the first and second visits recorded never happened!

 

unfortunately thats nothing new

I did not let the bailiff in, but he recorded my car on an inventory, but i told him that i was a community carer and could not work without my car, I was already aware this was an exempt item. He proceeded to levy it anyway.

it doesn't always follow that a car use used for work is exempt basically the car must only be used for work and (having said your council may have a exclusion on the bailiffs removing cars used by community carers )

 

 

i missed one weekly payment and then a nasty, obnoxious bloke with a hoody on came to my door with a van and another bloke in the van, they did not gain entry. They charged 130, then another 100 because visit went over half hour, which I'm sure it did not. they threatened to take car

the only fee they can charge is a van fee

One week later! sadly front door was open and next thing I know a bailiff is in my kitchen, oopps. He had once again turned up with a van 130, and another bailiff. he made a fuss and moved a telly from one place to another but did not take it,

the reason he did not remove the telly is because legally he couldn't

 

he then told me i got 24 hrs to find about 75 per cent of outstanding balance, he also told me to borrow from someone to pay him, i think that was wrong.

they should not have asked you to borrow money

Then another charge of 100 was added for going over half hour, he was not here for half hour!.

another made up fee

can you tell us the amount of the liability order

the amount you have paid to B&S

the value of your car

is it on HP or finance

[janey100]

hi, thanks for reply

Liability order was £717.00

Amount paided £1123.04

plus £66.43 in card transaction fees.

 

£ 150. outsatanding

 

I have changed car since original l levy vist. It was worth 1000.00 at time of levy visit. Funny thing is I work for the very council ( Social Services homecare) that is pursuing this action. They loaned me the money to but car, on a assited car buying scheme, so officially it belonged to them.

Also i when the last Bailiff called, he said he knew he could not take my car as i use it for work, so it must be exempt!.

Thanks

J

[hallowitch]

hi, thanks for reply

Liability order was £717.00

Amount paided £1123.04

plus £66.43 in card transaction fees.

 

oh boy have you been well and truly taken to the cleaners

legitimate bailiff fees for a debt of £717 (with a valid levy and your levy is not valid)

1st visit fee £24.50

2nd visit fee £18

levy fee £ 46.50

walking possession fee £12 (if walking possession agreement signed)

van fee approx £110 (if an agreement is in place and a payment is missed )

maximum bailiff fees you would have to pay on this debt £211 there can be no other fees unless goods are removed

 

£ 150. outstanding

you owe them nothing they owe you

I work for the very council ( Social Services homecare) that is pursuing this action. They loaned me the money to but car, on a assited car buying scheme, so officially it belonged to them.

do you have written agreement for this

[janey100]

I do have a written agreement for the car loan, since the "levy" I have changed my car, it is also on the assisted scheme.

So is it so that because the levy was exempt, alll charges following are not legal??. No walking possesion as they did not gain entry, only on last visit, but nothing was levied at that visit.

 

Thanks

J

[hallowitch]

I do have a written agreement for the car loan,

 

good can you photo copy it x 2

since the "levy" I have changed my car, it is also on the assisted scheme.

So is it so that because the levy was exempt, all charges following are not legal??.

yes your levy is unlawful as the car did not belong to you all fees connected with this must be removed

 

No walking possession as they did not gain entry, only on last visit, but nothing was levied at that visit.

walking possession agreement is part of the notice of seizure (usually found at the bottom )

Thanks

J

 

i missed one weekly payment and then a nasty, obnoxious bloke with a hoody on came to my door with a van and another bloke in the van, they did not gain entry. They charged 130, then another 100 because visit went over half hour, which I'm sure it did not. they threatened to take car

 

do you have the name of this bailiff did he leave you paper work with charges listed is it the same bailiff that levied the car

 

One week later! sadly front door was open and next thing I know a bailiff is in my kitchen, oopps. He had once again turned up with a van 130, and another bailiff. he made a fuss and moved a telly from one place to another but did not take it,

 

did he leave you any paper work with charges listed i take it its the same bailiff that was there the previous week

how do you know you have been charged £66.43 in card transaction fees. have you been sent a breakdown of fees

[janey100]

Yes I can copy the agreement, I did. on advice request a breakdown of my account. \this was sent. Also none of the visits i had were by the same bailiff, same firm, but not same person. I also requested bailiffs names and dates of their certificates. When car was levied he did leave a list of charges, which included a 24.50 redemption fee???. and i do have his name. so it it so that when sending a van thay can only charge one flat fee if nothing is taken, and can not charge anymore if visit goes over a certain time? Also no charges for walking possesion order on breakdown, also a visit that happened while i was out, after first van visit i got a notice through door, was not on list of bailiffs visits that i was sent . also can they charge for the second van visit, when nothing taken?

[hallowitch]

Yes I can copy the agreement,

 

good you will need to send a copy to the council and bailiff firm

I did. on advice request a breakdown of my account. \this was sent. Also none of the visits i had were by the same bailiff, same firm, but not same person. I also requested bailiffs names and dates of their certificates.

did you get bailiffs names and certificate details (that will be a no )

 

When car was levied he did leave a list of charges, which included a 24.50 redemption fee???. and i do have his name.

redemption fee also known as hedder H fee can only be charged if goods are removed and the debt is paid before the sale of goods takes place

did you confirm he is certificated

www.hmcourts-service.gov.uk/CertificatedBailiffs/

 

so it it so that when sending a van they can only charge one flat fee if nothing is taken,

THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992

C For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred.

(where, following the levy, goods are not removed):

and can not charge anymore if visit goes over a certain time?

correct

 

Also no charges for walking possession order on breakdown,

thats because you didn't sign walking possession agreement

 

also a visit that happened while i was out, after first van visit i got a notice through door, was not on list of bailiffs

 

it wont be on the list of fees if no fee was charged for the visit

visits that i was sent .

also can they charge for the second van visit, when nothing taken?

no they cant

C For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred.

(where, following the levy, goods are not removed):

 

have a read of this these are the only fees that can be charged

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

and this regarding your fees for making payments

 

http://www.legislation.gov.uk/uksi/1988/2050/contents/made

Fees, Charges and Expenses

 

10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

[janey100]

Thank you, I think Im starting to get this. They did send a list of Bailiffs and the dates of their certificates, Although I can not find one of them on the register. I have £150.00 left to pay, shall I start to try and recover my fees now or wait till debt is settled?. Also could you help me with a sort of example letter that I send to get the ball rolling. I am up to date with my agreement, next pament due 6th October. Janey

[janey100]

Also when i asked for a list of Bristow and Sutors charges they sent me a copy of the legislation as you have quoted above. I then asked for a list of specific charges to B&S they said they do not have one!!!!!!. I wonder how their bailiffs know what to charge????

[hallowitch]

the bailiff register is not always 100% phone

Ministry of Justice Public Register of bailiffs on 020 3334 6355 to confirm

 

you want to know date they were certificated at what count and what company they are certificated to

 

will help with letters later Ive got to go to the doctors shortly

[janey100]

Thank you Hallowitch, Hope you are ok, will look for letter later on

[hallowitch]

Thank you Hallowitch, Hope you are ok, will look for letter later on

I'M fine I'm afraid I'm one of these people that doesn't do doctors and i suffer terribly from chronic indigestion

i wouldn't have went to the docs but the chemist wanted £3.70 for a bottle of Milk of magnesia

 

 

 

can you post up the breakdown of charges that you received before i write the letter if you don't want to put up on main site PM me did you sign the levy

[janey100]

Glad you ok, Very expensive!!!. I will send you breakdown tommorrow, on laptop at mo, will scan it in on desktop. Thank you. no did not sign levy or anything else

Edited September 11, 2010 by janey100

[hallowitch]

how much were the charging you to make a payment

I take it you has to phone to make payments

[janey100]

Yes had to phone to make payments, you will see on breakdown the charges for making payments. I will put it in a P.M. Please let me know when you recive it. Thanks

[janey100]

Hope you can work it out, it did not copy very well sorry, i will try again.

[janey100]

Sorry cannot seem to get it to copy to P.M or thread the way it is on my pc. I forwarded it from desktop.

[hallowitch]

got it i just wanted to make sure both van fees had been added

 

will do the letter tonight that way you can teek any bits that need sorted and get it in post (recorded delivery) to B&S and the chief executive of your council (have a look on the council web site if you don't know his name )

 

you need 2 copy's of the credit agreement for the cat 1 for B&S and 1 for the council

and a copy of the breakdown for council

[janey100]

Thank you very much hallowitch, look forward to reply