Inappropriate Levy?

[grumble]

Hello all, I have a simple question.

Is a levy on an old vehicle with little value inappropriate?

I had a bailiff levy on my old P-Reg Rover 618 which has a value of approximately £150. Now if sold on auction, I doubt if it would raise £100.00 which would not even cover their (extortionate) fees?

[fork-it]

Its probably worth more in scrap metal.

 

If a bailiff levies on goods that have no prospect of attaining a resale value against the debt or is less than the fee alone then the levy is Vexatious and can be disregarded. You can still sell the car.

[outlawla]

I'd say that the bailiff has no intention of removing the vehicle and the levy was only to bump up the fees.

 

I'm guessing the company is "NOT" Rossendales, as they would make sure that the vehicle was not yours.

[ploddertom]

Goods are seized with the intention of removing them for sale at auction if you fail to stump what is owed or stick to a pre arranged payment plan. However if the goods are removed for sale they must realise enough:

a - to cover the Bailiffs fees

b - to cover the removal costs

c - to cover the auction fees

d - to cover the auctioneers fees

e - to cover a proportion of the debt owing

 

If the above does not apply it can be argued that the Bailiff has made a levy which makes a financial advantage for himself and the Company he works for.

 

If the levy that has been made is for Council tax you can issue a Regulation 46 complaint against the Council which employed the Bailiffs, this is issued against the Council and heard in the Magistrates Court. Usually results in very rapid backtracking.

 

PT

[Spelunkerer]

Thanks for the info Tom. Where can I find info on this regulation 46 complaint?

[Spelunkerer]

I'd say that the bailiff has no intention of removing the vehicle and the levy was only to bump up the fees.

 

I'm guessing the company is "NOT" Rossendales, as they would make sure that the vehicle was not yours.

 

No - it's Bristow & Sutor

[ploddertom]

Thanks for the info Tom. Where can I find info on this regulation 46 complaint?

 

Try this

 

http://www.legislation.gov.uk/uksi/1992/613/regulation/46/made

 

PT

[outlawla]

Duplicated

Edited September 27, 2010 by outlawla

[outlawla]

Just want to point out what to watch out for with the regulation 46 complaint, because I was time barred and didn't get past the first hurdle.

 

Section 127 (1) of the Magistrates Court Act 1980.

 

Magistrates’ Courts Act 1980

1980 CHAPTER 43

Part VII

Miscellaneous and Supplementary

Constitution and place of sitting of magistrates’ courts

 

Limitation of time

127 Limitation of time.

(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

Ok, so assuming your complaint falls within the 6 month time limit, on a point of injustice, there is a fee of £200 for making the application to the court. However, it’s possible to be exempt from the fee under certain financial circumstances, though it hardly seems fair compared with the cost to the council of £3 to obtain your liability order from the court.

 

You can check if full remission can be obtained by downloading this document:

 

HMCS, Court fees – Do you have to pay them? Leaflet EX160A

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_0709.pdf

 

Edit:

 

Your council has probably already charged you around £60 for summons/liability order fees (20 times the £3 cost for the council obtaining your liability order). Maybe you should apply the same rules as the council and charge them summons costs of 20 times the cost to yourself.

 

i.e.

 

£200 x 20 = £4,000