Advice re Rossendales friends CTAX debt

[BelstarBomb]

Before I forget, the main issue that she sees is how can they levy on a vehichle without first confirming ownership and if there is finance on it?

[night-watchman]

It's called FEAR. They try and frighten people into paying by levying whatever they feel like, expecting the poor person to not know the laws, which many don't. They also seem to get pleasure out of causing grief and anguish, knowing full well they are wrong.

[BelstarBomb]

I know, but what's worse is that the council is condoning it! This makes them no better than Rottendales

[ploddertom]

Before I forget, the main issue that she sees is how can they levy on a vehichle without first confirming ownership and if there is finance on it?

 

Unfortunately the Bailiff is allowed to assume any goods on or near your premises are those of the debtor. If not or anything on finance is for the "real" owner to advise and prove otherwise. Seems tough but that is how it is.

 

PT

[ploddertom]

why do they need a van to collect a car that is on finance

 

doh!

 

car levy - £0!

van Charge - £0!

 

dx

 

The Van Charge is really a misnomer - it's an Attending to Remove Fee which is permissible providing:

a - they did attend

b - no one was in and the goods were not available for removal or an offer of payment was made

 

PT

[ploddertom]

 

Can you let me know why the informtion that she had requested from them isn't subject to a SAR?

 

Cheers,

 

bel

 

Each has their own opinion on what constitutes freely available information or what is subject to a SAR. It is a question you would have to ask.

 

PT

[ploddertom]

Hi,

 

There were 4 visits in total.

 

Visit 1 - She was in but they wouldn't speak to her as her name wasn't on their paperwork. Fair Comment

Visit 2 - Two days later allegedly. Nothing received through letterbox They are supposed to leave paperwork, if not you can put them to strict proof the visit was made - date & time for example

Visit 3 - 5 days after visit 2 when the levy fee levied. My friend disputes this as again, she was either in and no one called at the property or she was out in the car picking up her daughter and sone from school and nursery. Again nothing left at the property to advise that this had been done If no Notice of Seizure left and if she was out when claimed it was done this may have been classed as a "Drive By Levy" - definitely not allowed. Again they need to be put to strict proof.

Visit 4- as per the thread If this was when the "Van" charge was made - an Attending to Remove Fee - he never had any intention of removing goods as he did not have the facilities to do so. Therefore he was attending only to make a financial gain for himself and his Company.

 

 

bel

 

PT

[BelstarBomb]

Ok,

 

She had asked for the dates and times of the visits from the bailifs and this is some of the info that they are withholding pending the £10 for the SAR.

 

When they turned up on the doorstep with the van, she had asked them if they were there to remove her goods and they said yes. From my understanding from what you said PL, they would never have had the right to do that as the levy was on the car not the goods inside? In effect, they lied to scare her into paying?

 

Bailiffs can only take away what they have levied on, ie the car (if it didn't have finance) and nothing else?

 

If you were in my friends position, how exactly would you respond to Rottendales?

 

Cheers,

 

Bel

[dx100uk]

have you got that charge back done yet?

 

dx

[BelstarBomb]

I don't think she has DX.

 

Why?

 

bel

[dx100uk]

because you can!

 

that'll hit the bailff and take the money unlawfully gained out of his pocket

 

dx