Bristow & Sutor council tax

[sjb1]

Bailiffs have given me a walking possession with a neighbors car on it. What can I do?

[ploddertom]

If you tell us the whole story you will get better advice. In the meantime have a read of this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

 

PT

[outlawla]

Hi sjb1

 

I would be tempted to persuade your neighbour to report this to your council, the DVLA, local government ombudsman, police and anyone else you can think of in order to put these bailiff firms in the spotlight for fraud or attempted fraud.

 

Any fees associated with this will be invalid, that usually means levy fee, attendance and van fee etc. etc.

[Voxter]

why tell his n/bour his business. just inform the bailiff he has no levy or levy fees.

[outlawla]

why tell his n/bour his business. just inform the bailiff he has no levy or levy fees.

Maybe the neighbour would object to being exploited for the purpose of the bailiffs attempt to [problem] the council tax payer.

[sjb1]

Thanks for the quick reply:

I owed the council tax £1075.42

then had B&S turn up 2/10/10. I refused entry

Paid £500 direct to council. then paid a further £200 direct to the council, leaving £375. 5/11/10 B&S turned up at my door with a van to remove goods again I refused entry .they say I owe 613.42 which includes their van costs today (5/10) of £115.00 I refused told them I've paid to the council direct and owe £375 they then wanted entry I refused and they went back to the van and posted through the door a notice of the removal team visit and a notice of intention to force entry form, not in an envelope, saying if they don't here anything from me by 08.00 on the 8/11/10 they will come back and force entry

[outlawla]

From what you say it sounds like you've got the situation under control. You are obviously getting your debt paid off with council, though I'm surprised you've not come up against refusal to accept payment now it is with the bailiff.

 

The fact you've not let them in means they can't come back and force entry, this is just bluff. It would be interesting to know what the councils view is on paying the bailiffs fees i.e. do the council state that they pay the bailiffs fees first from your payments.

 

My experience with North East Lincolnshire Council on this issue involved lies. The council said they would have to pay bailiffs their fees, when actually this was not the case.

[sjb1]

I think i read that the bailiff's can't inforce their fee's if the total council tax arrears are paid .Hope I'm right

[hallowitch]

regardless of who you pay as long as the debt is still held by the bailiffs and they have made 2 visits you will be liable for bailiff fees of £42.50

 

A letter to the bailiffs and the council informing them that you do not own the car should remove bailiffs fees for levy and van

[wonkeydonkey]

You are still liable for the bailiff fees as he has made two visits, 1st visit£24.50 2nd £18 total fees £42.50.

they cannot charge you for levy and van fees as the levy is invalid. Write to the bailiff and Council to tell them the car does not belong to you etc. and ask the latter fees be removed immediately.

 

WD

[ploddertom]

This smacks of a bully who constantly overcharges and who shows a blatant disregard of procedures. It would also seem they overstate their powers and status.

 

If it were me I would send off for a Breakdown of their charges to date and put them to strict proof what they are claiming for is correct. I assume the total you have for what you owe was obtained from the Council? I appreciate you have a running total of what you have paid and what remains, have you thought of asking the Council to make sure it matches up? If you do write to the bailiffs send a copy of any letter to the Council also asking it is put on your file for reference.

 

Others have mentioned the car and how to deal with that. If the Bailiffs come back and refuse to remove all the charges etc then you become aggrieved by their levy - issue a Regulation 46 Complaint naming the Council as Co-Defendant (they are responsible for each and every action the Bailiff makes) in your local Magistrates Court.

 

There's a line in Three Blind Mice .............. "see how they run".

 

PT