urgent advice please

[rusty24]

We are sending the letter off tomorrow, to be signed for on delivery, and handing a copy to the council tax department personally to go on our file, when we find out the court it all went through we will send them a copy too.

It was just a thought about reporting it to the police, but I feel this should be able top be done, as it is what amounts to theft, if the charges are not legal.

[ploddertom]

There is a process to go through but unfortunately it is all loaded against you. It is the bailiff that attended that has charged the fees, he in turn is responsible to the Company he works for who should check what he has charged is correct - this is why the breakdown request goes to the Company. The Council are the ones in overall control as they are 100% responsible for the actions of their contractors providing they have not stepped outside the paramenters set down either in statute or by law or agreement.

 

Therefore if there is anything wrong somewhere you have to exhaust all the complaints procedures before you can "officially" take it further - a Form 4 Complaint against the attending Bailiff for example. The Police don't want to know as they claim it is a civil matter and they can't get involved. Frustrating, yes, but when push comes to shove any unlawful payment may be refunded by issuing a claim in the County Court naming both Bailiff Company and Council as co-defendants - usually settled before any hearing.

 

I totally agree that any person caught this way should be prosecuted & receive his P45 immediately but the industry is tainted throughout.

 

PT

[rusty24]

I understand PT, But it just seems like theft plain and simple, hoping the person they say has to pay x amount doesnt know anything about the law and set charges laid down. And just gives them it without realising they are stealing from them. Unbelievable and shocking at the very least. Im very grateful to you and others for keeping me right with these criminals.

As for the police not wanting anything to do with it, if a stranger walked up to you and demanded money with threats of taking your property if you dont give them it, how many would give it to them through fear, would that be a civil matter too. Because the way i see it , the only difference is the council told them to do it. So getting someone to give you money your not legally entitled to is just a civil matter? I call it stealing. I wonder how much I could make by threatening someone in this way, but then Id probably get into trouble with the police because the council didnt give me permission.

[ploddertom]

Life's a dog really.

 

PT

[rusty24]

And a bitch sometimes eh, Ill keep you updated when I get any replies/

[rusty24]

Id also like to claim the nearly £2000 that citi charged my wife PPi when she took a loan out approximately three years ago with citi. She was told she had to have it. Could someone help me get started on this please. Thanks.

[hallowitch]

Id also like to claim the nearly £2000 that citi charged my wife PPi when she took a loan out approximately three years ago with citi. She was told she had to have it. Could someone help me get started on this please. Thanks.

 

there you ppi forum you will get help there

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=111

[seanamarts]

Id also like to claim the nearly £2000 that citi charged my wife PPi when she took a loan out approximately three years ago with citi. She was told she had to have it. Could someone help me get started on this please. Thanks.

try here

http://forums.moneysavingexpert.com/showthread.php?t=524031

[seanamarts]

there you ppi forum you will get help there

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=111

dammit witchy your quick today

[rusty24]

The weekly repayments are pretty high, we didnt have a chance to agree anything, they just sent a bar code with the weekly amount to pay for the amount owed. Can we pay a more affordable amount each week , or are we stuck with it now?

[hallowitch]

The weekly repayments are pretty high, we didn't have a chance to agree anything, they just sent a bar code with the weekly amount to pay for the amount owed. Can we pay a more affordable amount each week , or are we stuck with it now?

 

 

if you didn't agree to the amount request don't pay it

write a letter to your council informing them that you did not agree to the amount the bailiffs are demanding the most you can pay without going into default is £xxxx also inform the council that the bailiff has levied on goods you believe this levy to be unlawful because some of the goods levied are exempt from seizure the goods levied wont cover the bailiff fees also that you have paid £xxx however only £xxx have reached your account inform them that due to these circumstances you will be paying the council direct until the situation regarding the unlawful Levy and money already paid is resolved pay this amount to the council using there on-line payment facility

[rusty24]

if you didn't agree to the amount request don't pay it

write a letter to your council informing them that you did not agree to the amount the bailiffs are demanding the most you can pay without going into default is £xxxx also inform the council that the bailiff has levied on goods you believe this levy to be unlawful because some of the goods levied are exempt from seizure the goods levied wont cover the bailiff fees also that you have paid £xxx however only £xxx have reached your account inform them that due to these circumstances you will be paying the council direct until the situation regarding the unlawful Levy and money already paid is resolved pay this amount to the council using there on-line payment facility

 

It tiurns out my wife agreed. We have already been in touch with the council and told them this. Still waiting for a reply from the bailiffs on a breakdown of charges and where the baillif who robbed er charged us illegally was certificated. Thanks for your help.

[hallowitch]

still write the letter your wife did not agree to this she was backed into a corner with the threat of immediate removal of goods which would also add more fees that would be hundreds of pounds she made a one of payment of £xx amount on the day to stop the removal of her goods

she refused to sign an agreement to pay the amount requested

[Surfer01]

Was the business conducted from home and was it a limited or sole trader business?

[wonkeydonkey]

Hi

I have gone through this thread again and it would seem you are stumbling.

 

1. did you contact the council to find out what exactly is owed to them

2. did you follow the advice suggesting you get a breakdown of the fees charged by the bailiff

3. did you make any payment to the council either by using the online or telephone payment system

 

You do not have to deal/speak/agree to anything with the bailiff and can pay the Council direct by either of the methods given above.

All you owe to the bailiff is 2 x attendance fees total £42.50

 

The Council will tell you to deal with the bailiff, that advice is probably from the back office which of course is run by the bailiffs but legally the Council cannot refuse to accept your regular payments to them and if the most you can afford is £10 a week then that is all they can have. The levy is not valid and has been made purely for monetary gain, from the £140 you paid to them initially, £97.50 should have been forwarded to the council and deducted from the debt, this means the bailiff has been paid his/her £42.50 and that is all they are entitled to.

 

This forum has many execellent and knowledgeable people helping caggers achieve a resolve to most problems but they can only advise, it is up to the individual to carry through with the given advice.

 

WD

[rusty24]

Just recieved a letter of the bailifs, ill type it as is , dont have a scanner.

 

Thank you for your recent correspondence, please find enclosed a breakdown of your account as requested.

We can confirm that the bailiff who attended your property, miss xxxxxx was certified at burnley combined court on xx.xx.2009 and her certificate expires on xx.xx.2011.

Please now ensure that payments are maintained are the previously set rate to prevent further recovery action.

Bailliff manager(not signed)

 

There was no breakdown of charges, this is all that was in the letter, and the obvious mistake in the letter with "are" on the last line is as is.

 

WD, we got the real figure of the council. And sent a letter that had to be signed for for the above.

But we are still paying by the bar coded letter we recieved with the ammended amount owing.

 

The amount of £4.50p was paid into our account by the baillifs, so they stole £93 from our payment to them. How can I get this back?

[fork-it]

The amount of £4.50p was paid into our account by the baillifs, so they stole £93 from our payment to them. How can I get this back?

 

You tell the council you have reason to believe the bailiff has embezzled your money. If the council palms you off with Contact the Bailiffs, then ask the council for their permission to ask the Local Government Ombudsman to intervene and make an investigation under Section 2 of the Fraud Act 2006.

[rusty24]

Thanks Fork-it, ill do this tomorrow as its the first day Iv had off for a while and will be able to get some things done.

[ploddertom]

The Bailiffs are obviously being obstructive so must have something to hide. This all boils down to the fees they are trying to charge in particular their alleged levy. In my view I would write to the Council and give them a strict 7 days to sort this or you will submit a Regulation 46 Complaint in the local Magistrates Court naming the Council as Defendant. Here's an example:

 

 

Mr Jo Blogs

1, High Street

Anytow

Post Code.

 

The Chief Clerk

xxxx Magistrates Court

 

Date:

 

Dear Sir/Madam

 

Council Ref: xxxxxx

 

I am writing to request that you issue a Summons against xxxxxxx Council by virtue of Regulation 46 Council Tax (Administration and Enforcement) Regs 1992 as a matter of urgency.

 

 

I am aggrieved by the levy carried out by Mr Smith of ABC Certificated Bailiffs on (enter date) for the following reason:

 

* The Bailiff visited my premises and he has provided a Notice of Seizure of Goods & Inventory advising me that he has levied against a vehicle that was outside/on the drive of my home.

* This vehicle is not owned by me. I do not know the owner of the vehicle and it would appear that the Bailiff has assumed that this is my car because it was parked close to my home.

* The Bailiff in seizing this vehicle, has charged me a levy fee of £50 together with an enforcement fee of £150 and I am advised that unless I pay the amount of the Laibility Order of £xxx together with the charges associated with this levy, that the Bailiff will be attending at my property to remove this vehicle to satisy my Council Tax arreas and in addition I will also be liable for further charges for "attending to remove" and I could also be in position of being personally liable to the owner of the vehicle.

* I have written to the Bailiff Company and the local authority concerning this levy but my complaints have been ignored.

 

I trust that this information will be sufficient and please do not hesitate to contact me if you require any further information.

 

Yours faithfully"

 

Obviously you have to change the content to fit your own circumstances.

 

PT

[rusty24]

There are a couple of ways to go here, what would be the best way to go please? Im a little undecided as to which way to choose?

Iv been trying to write this today, could you let me know what you think before I take it please.

 

Dear Sir,

I have reason to believe that Miss Fallon and Rossendales have embezzled our money.

Could you look into this , and retrieve the money they have stolen from us. They also lied and threatened to remove all our goods from our home to scare my wife, I ask that this is done within 7 days As you are responsible for this company as you instructed them to act.

Also if no satisfactory end is forthcoming to these shocking actions by Darlington Council and Rossendales, I will be asking for a refund by issueing a claim in the county court naming

both bailiff company and council as co-defendants.

 

If you dont resolve this problem, then I will request the local Government Ombudsman to intervene and make an investigation under section 2 of the fraud act 2006.

Edited December 3, 2010 by rusty24

[rusty24]

Is this ok, or too firm do you think?