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Baliffs advice needed regarding council tax arrears


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hmm interesting, just had 2 calls from council complaints department this monring, on the first call i told them about our circumstances etc and saidwe had been paying £10 per week as baliff refused to make an arrangement with us, and told her this was all we could afford at this moment in time. and just got a call back saying they will accept a £10 payment which i asked if i could pay this direct to the council and she said yes and that they would notify b&s that i was paying the council direct heheheh. and in 6 months time i have to ring the baliffs up and tell them if circumstances have changed or not.

 

should i still persue the complaint or leave it for the moment? the coucil woman was very helpful and set the payment arrangement up, if i carry on with the complaint as PT suggested could this harm the payment plan set in place?

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should i still persue the complaint or leave it for the moment?

yes you should continue to pursue it

 

the council woman was very helpful and set the payment arrangement up, if i carry on with the complaint as PT suggested could this harm the payment plan set in place?

no they only reason they would have to stop this agreement is if you missed payments

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You should pursue it to have the excessive and illegal charges quoshed .

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i really dont want to speak with baliffs again they are a pure waste of time, when i ask them about the levy yesterday and told her we dont have a black leather suite and its blue and a 2 seater , and also informed them of our seating arrrangements etc, she simply said when the baliff called he would of made sure there was amply seating left if they took the stuff on the levy . The colour will make no difference - the Bailiff may be colour blind

she also said that even with the items being taken off the levy if there wasnt enough to cover everything then they would levy more stuff next timethey came round to cover all costs and debt etc. Only of course if they can get back in - I assume of course you will deny them this.

 

PT

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Obviously the time is past trying to reason with the Bailiffs, in my opinion you should now dump all this in the lap of the Council as they are 100% liable for the actions the Bailiffs have taken. The fact the Council appear not to know what they are talking about can now only work in your favour and I would send them a letter similar to this.

 

Dear Sir

 

Thank you for your recent letter concerning my complaint against your contractors you appointed to collect my outstanding Council Tax. It certainly appears from your response you have no knowledge of the procedures the bailiffs have carried out and the resultant fees they have charged. It is also apparent that you any questions that may have arisen you have sought the answers from the Bailiffs but have not checked to see if they were actually correct.

 

1. The Levy

As previously stated the Bailiffs are removing those items that are shown to be on finance. Of the remaining goods the Bailiff has listed a sofa and a chair and their response is they "ensured that adequate seating was left", did the Bailiff also inform you that 3 people live in this property and the only seating he would have left if the aforementioned items were removed will be 2 computer chairs - this therefore certainly means there is not enough seating remaining.

 

May I also point out The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in

1989 and 1993) and that amongst the suppliers of furniture are:

• persons who supply second-hand furniture in the course of

business or trade. This includes auctioneers and some charities

I point this out as this furniture is of an age where they lack the approved labels.

 

Therefore these items should also be removed from the Bailiffs levy. The items left on the Notice of Seizure - a PC Table & Cabinet and a Coffee Table would I believe at auction only make a maximum of £25-00 or in other words should be classed as worthless.

 

I am sure I don not have to remind you that the goods a Bailiff levies upon should be sufficient if they were to be removed for auction:

1 - all the Bailiffs fees

2 - all removal & storage fees

3 - the costs of the auction

4 - the Auctioneers fees

5 - an amount towards the debt owed

I contend therefore that this levy does not comply with the above and as such should be removed in its entireity and all associated fees also removed. Whilst you may point out it is for myself to take this issue up with the Bailiff may I remind you the Council is also liable for this and should you refuse I will make a Regulation 46 Complaint to the local Magistrates Court as I am aggrieved by the levy, I will name the Council as Defendant.

 

2. Bailiff Fees

You state in your reply that the Bailiffs fees are "in line with the approved 'reasonable costs'". You obviously have not realised that the Bailiffs have charged multiple Visit fees, multiple Levy fees & multiple Walking Possession fees.

 

Visit Fees

If they are attending with multiple Liability Orders they must be all treated as one and the appropriate Single Visit fee charged.

 

Levy Fees

According to the Bailiff they are claiming to have levied on the same goods for each Liability Order. Therefore if the goods are removed for a single Liability order it follows there are no goods they could seize for the others.

 

Walking Possession Fees

I may have only signed one WPA but this does not give them the right to use this for each Liabilty Order. Again they cannot do this.

 

Debit/Credit Card Fees

On 2 occasions I have been charged extra for using a Debit/Credit Card. Can you point me to the Regulation that says they are allowed to do this. Only Fees allowed by the Regulations are allowed to be charged.

 

Redemption Fee (Head H)

It appears clear that a prior relocation of goods from my premises should have taken place, then taken to a place of storage prior to an already arranged sale. If I then pay in full before the sale I am allowed to recover the goods. This has not taken place so this fee must be removed.

 

Taking into account the above I have been overcharged £180-80 on the fees alone. Taking into account the difficulty I now have with the levy this will add an extra £234-00 to the overcharged amounts making a total of £414-80 which should be refunded against my indebtedness to the Council.

 

With regard to the Regulation 46 Complaint please note no further reminder will be issued but I do expect a response within 7 days.

 

Yours Sincerely

 

No doubt there are bits I've missed or got wrong, please adapt as necessary and I am sure there will also be others who will comment. I would use a spell checker as my dyslexic fingers have probably spelt a few things wrong.

 

PT

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wow PT thanks for the letter, will spell check and hand deliver it today to them,no i will never let baliffs in ever again. or anone that shows no id to me first.

thanks so much , will let you guys know what the responce is when i get one

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  • 3 months later...

Hello, my name is Andrey, and my mum have received a letter from Newlyn bailiffs saying that they have liability order to seize and distrain our possesions. My mum is a single parent and she has me(15 year old son) and at the moment she is pregnant with another child. Me and my mum owe around £1200 to council, and as soon as we received the letter, we've paid £60 to them. These may seem like a small money, but at the moment £60 for us seems like a fortune of money. My mum is Artist, so she is worried about her paintings being collected by baliffs, she has a lot of painting that belong to her dad and they cost a lot of money! Me and my mum hardly have any food at home, and my mum does not have a job and she does not get any benefits and we have no right to get any benefits because we come from Russia! My mum does not speak English, so I act like an interpreter! It is very stressing for me too because the thoughts about baliffs are always on my mind. Could you please give advice what to do, because that is the first time it happened to us! Could you please give advice to us!

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Hello, my name is Andrey, and my mum have received a letter from Newlyn bailiffs saying that they have liability order to seize and distrain our possesions. My mum is a single parent and she has me(15 year old son) and at the moment she is pregnant with another child. Me and my mum owe around £1200 to council, and as soon as we received the letter, we've paid £60 to them. These may seem like a small money, but at the moment £60 for us seems like a fortune of money. My mum is Artist, so she is worried about her paintings being collected by baliffs, she has a lot of painting that belong to her dad and they cost a lot of money! Me and my mum hardly have any food at home, and my mum does not have a job and she does not get any benefits and we have no right to get any benefits because we come from Russia! My mum does not speak English, so I act like an interpreter! It is very stressing for me too because the thoughts about baliffs are always on my mind. Could you please give advice what to do, because that is the first time it happened to us! Could you please give advice to us!

 

HI and welcome well done on helping your mum sort this

 

please tell your mum to keep her doors locked and windows closed and not to the answer the door to anyone even if they say they are a bailiff

this link will take you to another page on the forum please use it to start a new thread of your own we will advise you further on your own thread if you have any problems with starting a new thread come back here http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

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