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Jacobs levied agianst my car without knocking and excess charges


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Hi there.

 

This morning I heard my letterbox move and went to get what I thought was the morning mail, to my surprise I saw that it was a hand delivered notice of seizure against my car for unpaid council tax.

 

Now the history.

 

Myself and my wife are currently the subject of three liability orders for unpaid council tax which I can now say have gone to Jacobs Bailiffs. The bailiff has called twice already to our property whilst no one was home and pushed through ( in one envelope ) three notices of attendance. I'll breakdown what was written on them.

 

Balance due £334.54 + Costs

Balance due £1002.97 + Costs

Balance due £288.19 +Costs

 

Now nowhere on there does it give an indication as to what the costs are or what they are for, is that legal?

 

We ignored the bailiffs with the intention of trying to arrange a payment plan with the council. Then this morning the bailiff has pushed through a notice of seizure of goods and inventory where he has levied against my car I have three queries.

 

1) The walking possesion is not signed by myself is it still enforcable?

2) All three liability orders were in one envelope but all three carried a walking possession fee of £33.00 and "other costs" of £42.50 & £24.50 meaning that each of the laibilty orders is now £100 more than they were before any goods have been seized, Is this legal?

3) Now that they have levied against my car does that mean they would be able to break into my house? They have never (and will never) gain peaceful entry to my house.

 

Many thanks for reading and I hope that someone can give me some advice soon.

 

Bobby

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New here but I will try.

 

1) Walking possession order does not have to be signed by yourself.

 

2) I don't beleive that a bailiff can charge three times if only one visit has been made, hopefully someone else will be along soon to clarify that point.

 

3) Unless the bailiff has entered your home peacefully ie. Invited in or gained access through open door/window then they have no right to force entry.

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Thank you for your reply.

 

One other question, I need to use the car to get to and from work as I work 8 miles from my home. Can I still legally use my car? If the bailiff comes and the car is not there due to me being at work what can he do?

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You can still use the car.

 

If you and the car is not there when he calls then the only action he is likely to take is a letter through your door threatening all sorts none of which is likely to happen.

 

He has only levied on your car to try and frighten you into paying, unless your car is very new or special then he is highly unlikely to actually want to take it.

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http://www.dca.gov.uk/enforcement/agents02.htm#part7

Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.

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Hi there.

 

This morning I heard my letterbox move and went to get what I thought was the morning mail, to my surprise I saw that it was a hand delivered notice of seizure against my car for unpaid council tax.

 

Now the history.

 

Myself and my wife are currently the subject of three liability orders for unpaid council tax which I can now say have gone to Jacobs Bailiffs. The bailiff has called twice already to our property whilst no one was home and pushed through ( in one envelope ) three notices of attendance. I'll breakdown what was written on them.

 

Balance due £334.54 + Costs

Balance due £1002.97 + Costs

Balance due £288.19 +Costs

 

Now nowhere on there does it give an indication as to what the costs are or what they are for, is that legal?

 

We ignored the bailiffs with the intention of trying to arrange a payment plan with the council. Then this morning the bailiff has pushed through a notice of seizure of goods and inventory where he has levied against my car I have three queries.

 

1) The walking possesion is not signed by myself is it still enforcable?

2) All three liability orders were in one envelope but all three carried a walking possession fee of £33.00 and "other costs" of £42.50 & £24.50 meaning that each of the laibilty orders is now £100 more than they were before any goods have been seized, Is this legal?

3) Now that they have levied against my car does that mean they would be able to break into my house? They have never (and will never) gain peaceful entry to my house.

 

Many thanks for reading and I hope that someone can give me some advice soon.

 

Bobby

 

The bailiff should not be charging "multiple charges" for enforcing more that one Liability Order. This has been the subject of a number of Detailed Assessment applications to the Court.

 

When levying upon a vehicle, the bailiff needs to ensure that if the car were sold at auction that the sale proceeds (if the vehicle were removed) would pay a large proportion proportion of the Liability Order. He has to also deduct the cost of the removal truck, auctioneers fees, advertising costs etc!!

 

What is the rough amount of the car (auction value) ?

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The bailiff should not be charging "multiple charges" for enforcing more that one Liability Order. This has been the subject of a number of Detailed Assessment applications to the Court.

 

When levying upon a vehicle, the bailiff needs to ensure that if the car were sold at auction that the sale proceeds (if the vehicle were removed) would pay a large proportion proportion of the Liability Order. He has to also deduct the cost of the removal truck, auctioneers fees, advertising costs etc!!

 

What is the rough amount of the car (auction value) ?

 

Its an 02 plate Astra with 105K miles on the clock, The most it would fetch via private sale is £1500 auction you're talking £1000 if very lucky prob more £700-800

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Back again.

 

Not on any benefits now (I finally found work after 2 years). My wife is currently on maternity leave. The council say I owe less than the bailiff is demanding by about £100 per order, so with the charges its about £200 per order.

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In that case write and ask them for a Breakdown of the charges on your accounts, here's an example of what to send, if you have 3 accounts then list all 3 or send 1 letter for each. Use and adapt as you see fit and send it to them by email & post a copy using Signed For:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a Breakdownlink3.gif of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificatedlink3.gif at.

e - the date of the Certification.

 

This is not a Subject access requestlink3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

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