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Hi

This is my first new thread. I'll try and make it as brief as i can..

 

Went on holiday for 2 weeks. Came back to bailiff letter dated 22/9 for council tax arrears of £214.

 

'We called today to remove goods / vehicles...'

'We will return from 5pm 25/9'

 

There was also a document which I think you guys call a 'levy'. Tried to attach document as an image with personal stuff blanked but my post count has to be above 20 :(.

 

The car listed is not mine - it's my neighbours and it was on HIS drive.

 

I got home on 25th at 4am - french air traffic strike! Tried ringing LARGE PRINT number on bottom of letter lots of times - number not recognised. Head Office number useless on saturday.

 

We were panicking and my niece (bless her) lent us £100 to offer him when he called. But there was no visit from bailiff.

 

I went to council on 27/9 to offer them £100 and get the debt back from bailiffs and the council said it was out of their hands now.

 

Got home to find another letter from same company but different bailiff. Tried the (different) number on the bottom of the new letter and eventually got thru to someone. I asked him his name and he said it's Alex. I asked for a surname and he said he can't give me that for security reasons!

 

I made an offer of £100 now and the rest when we get paid middle of next month. He was unwilling to accept partial payment. His words 'can you borrow the rest of the money from a friend or relative'. It was either all the money plus more fees when he collects or he would take goods.

 

I said no I can't and that I'd already borrowed some to make an offer. He refused and said there's nothing he can do and will be round later to remove goods.

 

After checking your site I'm a little more relaxed about it now. I'm not a big guy but I can stand up for myself if I know I'm in the right.

 

I need to be clear:

 

I can refuse him entry and he shouldn't use force to enter?

I can refuse to give him money and he will go away?

If I stick to my guns and never let him in and never sign anything, eventually the debt will go back to the council?

 

I have made a modified version of the letter found here..

 

consumeractiongroup dot co dot uk/forum/showthread.php?58550-Council-Tax-and-Bailiffs

 

I will send that to the bailiff company and the council and i will keep some copies to hand to the bailiffs if they visit. Other than that I will refuse to discuss it further on the doorstep.

 

A couple of other questions nag at me...

 

If the car that the levy lists is not my car - do the levy fees still apply? Also, the signature on the levy is not readable. Is the document valid if no one knows who signed it?

 

I checked the bailiff register and found one of the bailiffs (Mr Francis - he did not supply a forename) was on it but listed for Bromley courts, I'm 40 miles from Bromley and any liability order would have definitely come from a different court. Does that mean he is not certificated to pursue this debt?

 

The other bailiff (Mr A Rundle) could not be found on the register at all, he was the chap I spoke to on the phone.

 

 

Your advice would be greatly appreciated,

 

Kind regards to all :)

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Wrong, wrong, wrong on so many levels! :lol: Bailiffs are numpties!!!

 

Invalid levy (obviously) - I hope your neighbour makes a huge fuss about it! Bailiffs have access to DVLA records, so absolutely no reason to get it wrong (but they always do).

 

The Council can take your account back but they just spew out the same old, same old - "can't do anything its with the bailiff now".

 

Don't be tempted into borrowing any money to pay this debt - its actually against OFT guidelines for a bailiff/debt collector to suggest option to you.

 

I'd suggest you start paying the council electronically online - making regular payments using the correct reference number so that any money you pay them in respect of arrears isn't credited to this year's liability (unless it is for this year).

 

You have no legal obligation to talk to or deal with bailiffs. Adopt a temporary seige mentality, move your vehicle if you have one, lock away any garden furniture/possessessions and don't open the door to them.

 

You'll get lots more advice.

 

One step at a time.

 

 

Impecunious!

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impecunious has given you some very good advice

 

you will have to write e-mail the bailiff company informing them that a vehicle has been levied against this debt that does not belong to you and ask for all fees connected with this levy to be removed

 

copy the e-mail to your council and ask the council why after the recent article in Aprils Insight magazine by Local Government Ombudsman Senior Investigator Andrew Hobley the Patrice of levying a vehicle and charging fees before a DVLA check has taken place to confirm ownership is still being used by there bailiffs

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Here's a list of the fee's included on the levy. Could you tell me which ones I am liable for and which ones are invalid and I can deduct from the total so that I can work out a payment offer more accurately?

 

Liability Order : £214.02

Levy Fee : £30

Walking Possession: NIL

Attendance to attempt to levy distress: £42

Attendance / Removal : £90

 

Total Outstanding : £376.52

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OK - from what I see ( and I don't profess to be any kind of expert) all they could charge you is £24.50 for the 1st visit - as the levy is invalid (NOT your vehicle), so £30 levy fee is unlawful, attendance to attempt levy £42 is unlawful, attendance/removal £90 is unlawfui.

 

Looks they've front loaded your account. They can only charge you the £24.50 - then £18 for a second visit (if they make one) without levying.

 

Letter of complaint to bailiffs and CEO of Council.

 

Impecunious!

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To help hurry things along email Council?bailiff as required and back up with hard copy in the post using Signed For. Unless you can record your calls do not speak to them on the phone - unless absolutely necessary.

 

PT


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I've modified the letter I found on this forum to suit my needs, any suggestions would be appreciated.

 

 

Dear Sir/Madam,

 

Re: Your Bailiff Ref - xxxxxx / Your Client Ref - xxxxxxxx

 

I understand Tonbridge & Malling Borough Council has appointed you to recover my Council Tax Liability arrears.

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. I tried to arrange a payment schedule with your agent but he was unwilling to accept any kind of offer except payment in full.

 

I request that you send an itemised statement of account that clearly shows what charges have been added to my account to date and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

Once I receive the itemised statement I will be able to work out a payment plan that takes into account my current financial situation.

 

The ‘notice of seizure of goods and inventory’ listed a vehicle which is not mine and was located on my neighbours drive. I will be making a formal complaint to the local council concerning the levying of vehicles without first identifying ownership of the vehicle.

 

Duplicate letters will be sent to xxxxxxxxxx MP, the OFT and the local government ombudsman.

 

I am sending the council a copy of this letter and requesting that it be filed with my account for future reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

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looks fine to me

 

 

if you do own a car keep don't park it in your street keep it well away from the house now that you have questioned the levy they will be looking to levy other goods

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Don't forget to pay the council tax what you can afford Online in the meantime.

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I've modified the letter I found on this forum to suit my needs, any suggestions would be appreciated.

 

In the STICKY section at the top of this page, you will see that I have posted a Sticky regarding a bailiff levying upon a car that is not owned by you. Which bailiff company is this?

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