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HIE GUYS

 

I first received a letter from the Bristow and Sutor NOTICE OF SEIZURE OF GOODS

 

 

COUCIL TAX 161.56

ATTENDANCE TO LEVY 42.50

LEVY FEE 28.00

REDEMPTION OF GOODS FEE 24.80

 

TOTAL 256.56

 

 

 

 

AFTER A MONTH ANOTHER LETTER

 

 

A BAILIFF REMOVAL TEAM VISITED TODAY TO REMOVE YOUR GOODS FOR SALE BY PUBLIC AUCTION

 

The initial chrge for today's visit a to £170.00

 

 

THE TOTAL NOW DUE AND PAYABLE IS 426.56

 

surely are these charges justified especially the last letter £170.00 can i do anything about this

please help mi

thanks

Edited by TYLERYDER
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You dont have to pay it.

 

The only statutory charge payable is £24.50. You dont have to pay the other charges unless you agree to them.

 

Pay the council direct and make a complaint the bailiff has exaggerated his fees contrary to section 2 of the Fraud Act 2006. http://www.legislation.gov.uk/ukpga/2006/35/section/2

 

If you didnt get a final notice then the council has afailed to comply with Section 33 of the Council Tax (Administration and Enforcement) Regulations 1992 and you can ask the case to be taken back into town hall administration. http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made

Professional property investor and conveyancer

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What goods did the bailiff levy did he leave you a notice of seizure of goods and inventory

 

a redemption of goods fee can only be charged if goods are removed and then returned before sale

 

 

van/removal fee can only be charge if the bailiff has previous levied goods

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Then the bailiff will want to charge you a levy fee, the law sets the fee accoridng to the amount you owe shown on the Liability Order. Phone the council and ask them how much is owed. If its £161.56 then the levy fee should be: £22.46.

 

This is because the law sets out the folowing table for setting the levy fee: (and these are maximum fees)

For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable)

 

Where the sum due is £100 or less £20

For the next £400 - 4% of the amount owed

For the next £1,500 - 2.5%

For the next £1,500 - 2.5%

For the next £8,000 - 1%

For any additional sum - 0.25%

 

Therefore the amount you owe to the bailiff is £208.52 being £161.56 council tax + £24.50 statutory attendance fee + £22.46 statutory levy fee.

 

Note: if you did not agree to your car being levied, or you did not sign a document - a walking psosession agreement, then the levy fee is £0.00. The law says the bailiff must give you "reasonabkle opportunity" to pay before making a levy on your goods.

 

If your car is the goods levied and its parked on a public road then the levy could be invalid on separate grounds. The levy is in breach of the Statute of Marlborough 1267. It might be a very old law but its still on the statute book! http://www.legislation.gov.uk/aep/Hen3cc1415/52/1 Translated from latin, it means a bailiff cannot levy on a debtors good in a public place.

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Where the sum due is £100 or less £20

 

this went up to £24.50 in 2006

 

 

Note: if the bailiff did not agree to your car being levied, or you did not sign a document - a walking possession agreement, then the levy fee is £0.00. The law says the bailiff must give you "reasonable opportunity" to pay before making a levy on your goods.

 

not for council tax arrears the reason for the bailiffs visits is to levy distress

 

Is your car on HP or finance

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Where the sum due is £100 or less £20

 

this went up to £24.50 in 2006

 

Can you show me the legislation?

 

I think you might be thinking of the attendance fee £24.50 and £18.00 second attendance fee is one is made. These were visisited in 2006.

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my car is not on finance. 2 seconds ago i phoned the council and they checked the account they said the charges they have on the account includes the bailiff charges total amount is £256.56 not £661 they (B&S) were talking about yesterday. The lady from the council was very kind she said she will set up a direct debt of £5.00 a week, so that means i will be paying the council direct. should i finish paying then persue the other charges.

 

thanx

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If you have already paid the other charges then the council is responsible to making the refund.

 

It almost certainly looks like the bailiff made a false representation as to how much you actually owed.

 

If you find you arent getting anywhere in getting a refund then ask the Local Government Ombudsman to intervene.

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i haven't paid anything the lady from the council said the direct debit will start mid nov for the £256.56 £5.00 a week they have moved the account from B&S so i will paying the council direct. for the amount to go up to £256.56 B&S charged me NOTICE OF SEIZURE INVENTORY on my car (1) attendance to levy fees 42.50 (2)levy fee £28.00 (3)redemption of goods fee £24.50

tell me something here which of the above amount am i liable to pay although my goods were never redeemed. also although the lady from the council has told me that she has moved the account back to council and she is going to let them know about it are these guys gonna stop knocking on my door. also they visited me 2 times this month leaving letters.

 

thanx

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The council has taken the case back into town hall administration, they did so because they became aware the baliff made a false representation as to how much you lawfully owed and did not want another case of litigation for unlawful baiiliffs fees. They are quietly hoping you dont know this, and the council quickly allowed you to pay the council tax direct and called off the bailiff.

 

This means the only amount you owe is the amount the council is saying you owe - £256.56. You dont need to contact the bailiff.

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The council has taken the case back into town hall administration, they did so because they became aware the baliff made a false representation as to how much you lawfully owed and did not want another case of litigation for unlawful baiiliffs fees. They are quietly hoping you dont know this, and the council quickly allowed you to pay the council tax direct and called off the bailiff.

 

This means the only amount you owe is the amount the council is saying you owe - £256.56. You dont need to contact the bailiff.

 

 

the initial amount was £161.56 the amount £256.56 was given to the council by the B&S after they have added NOTICE OF SEIZURE INVENTORY on my car (1) attendance to levy fees 42.50 (2)levy fee £28.00 (3)redemption of goods fee £24.50 as i stated b4 my car was never redeemed. as well i asked the question is the bailiff gonna stop knocking at my door coz the account have been transfered back to the council.

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Sorry, I didnt read your original post. All you owe is £161.56 in £5 weekly instalments to the council.

 

The bailiffs fees can be disegarded because he made a false representation as to the amount of fees he can charge you and the council has taken the account back into town hall administration.

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Can you show me the legislation?

 

I think you might be thinking of the attendance fee £24.50 and £18.00 second attendance fee is one is made. These were visisited in 2006.

 

 

nope not thinking of the attendance fee as i said the levy fee chargers for a debt of £100 or less changed in 2006

 

 

(1) In head B of the Table to paragraph 1, "the relevant amount" with respect to a levy means;-

(a) where the sum due at the time of the levy does not exceed £100, £24.50;

(b) where the sum due at the time of the levy exceeds £100, 24.5% on the first £100 of the sum due,

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  • 4 weeks later...

hi guys...

 

in the middle of dealing with equita and receiving section 7 form notice of seizure......car is on hp and appears on seizure form,and am now thinking of issueing on maybe bailiffs or council for wrongful legal doc`s posted to me...any advice?

 

cheers

MJack

 

An ordinary man claiming back extraordinary charges.

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hi guys...

 

in the middle of dealing with equita and receiving section 7 form notice of seizure......car is on hp and appears on seizure form,and am now thinking of issueing on maybe bailiffs or council for wrongful legal doc`s posted to me...any advice?

 

cheers

 

You really need to start your own thread for a better response and explain what it is originally for etc

 

PT

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