Quick question on council tax levy

[eggy12]

Can they levy on a van that is used solely for work purposes, im self employed ?

[brassnecked]

Is it insured for your business, and no one else is on the policy as a driver, if that's the case it would likely be exempt, is it signwritten?

[eggy12]

No just plain and simple 14 year old white van..noone else on policy

[ploddertom]

What type of business do you run?

[eggy12]

just a self employed plasterer, no van no work

[ploddertom]

In that case as long as it is insured for business & you have confirmed you are the only driver with no one else on the insurance you should send a copy of this to the Bailiffs informing them that their levy should be replaced with a Visit Fee if applicable. A copy should also be sent to the Council asking it be placed on your file. If the Bailiffs then refuse you take it up with the Council as they are responsible for the actions of their contractors.

 

PT

[eggy12]

Its that time of year again when i find myself in another battle with the bailiff's, this time Jacobs for unpaid council tax (again) !

 

Will keep this sweet as im up to date on most things.

 

Right,

 

they have been on me for the last 4 months

and have had no success so far, curtains drawn , doors locked and only one instance of communication

at 6:45am when i was of to work and opened the door to a cheap skate bailiff just about to post a letter without knocking.

 

They have been round numerous times since and ive had letters delivered that i did not bother to open as i was waiting for the "Levy" on my works van

as there is absolutely nothing else they can levy on.

 

My van is an old one (15 years) but im led to believe that they can still levy on it even with all my tools for my self employed trade inside.

 

Found in debt forum else where

"Generally, no bailiff can seize tools, books, vehicles or other equipment necessary for personal use in employment or business.

However, a bailiff acting for Poll Tax, Council Tax, VAT and Tax may be able to do so."

 

Now the matter i have here is

 

i have the money to pay the council off and the bailiff for his "troubles",

 

i rang the chap and told him this but not paid anything yet.

 

After opening ALL the letters i have ever had i have NOT recieved a levy yet

the threat letters from 2nd Feb state "removal 48 hours" then letter dated 8th march "removal 24 hours" and the one today states removal by 5pm.. !

 

What i really need to know i suppose is if i pay the debt off NOW to the council online (I owe 800 in council tax, long story not relevant)

 

can they still use the enforcement warrant from the court to chase there money they say i owe..

that being around £110 that im yet to find out what for ?

 

Thanks

 

Eggy12

[eggy12]

Ok ive just done some research and find i owe council £832 and Jacobs bailiff's are wanting £83.. Not sure if things have changed regarding cost's to bailiff's since my last encounter but £83 and NO letters stating why i owe them this... Last i heard was they can charge some £40 odd for first 2 visits and thats about it unless they bring in a van to remove goods AFTER leving on something ?

 

Eggy12

[ploddertom]

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

Send the following for a breakdown of their charges. Send initially by email followed by a copy in the post.

 

"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 breakdown 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 Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request 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"

[eggy12]

Thanks Plodder,

 

im onto the breakdown already as they're just trying it on with someone they dont know

had yours and other good peoples help last time with rossndales and we won

 

Ive just paid council tax online in full with court costs

so now its just me vs bailiff's and

 

i want to find out where the charge of £83 comes from now so yes a breakdown is needed..

 

I could handle the 2 visits charge BUT they have not even left details saying this so in my opinion they/he, the bailiff is dodgy and thinks easy money.

 

Im looking forward to his phone call in the morning already

 

"Hi is this eggy12"

"Yes this is eggy12"

"wheres my money eggy12"

"money been paid direct to council Mr bailiff"

"what what you cannot do that i lose commission eggy12"

"Tough luck matey,

now tell me what court you were certified at please

i cannot be bothered to wait for your company to reply to my recorded letter so i can make a complaint"

Mr bailiff puts phone down

[ploddertom]

To be on the safe side you should have paid an extra £42-50 which is the total of the 2 Visit Fees providing they have not sneaked a levy in. This ensures they may indeed be told to enjoy themselves with the an inanimate object.

 

PT

[dx100uk]

enforcement warrant?

 

where's that come from?

 

dx

[brassnecked]

enforcement warrant?

 

where's that come from?

 

dx

Same place as a pre-enforcement or a first call bailiff; their fevered imaginations!

[eggy12]

Sorry i meant Liability Order, my mistake..

 

Right he was up early today, I got up at 07:15 and a letter has been gently left in my letter box

 

NOTICE OF ATTENDANCE TO SEIZE GOODS

blah blah blah blah

 

If we do not recover the full amount including the costs, then we will recommend that one of the following proceedings is taken;-

 

Application for your committal to Prison

Bankruptcy Order

Charging Order

 

 

He has my card details(Old card details) and tried to take the amount due, too late I paid of the liability Order last night.

Ive emailed Jacobs last night also asking for fee's breakdown so he obviously does not know about that yet.

Not once have I had any communication telling me about any fee, 3 letters just saying removal notice with an increase in amount due(hand written amount) still with no mention of their fee's !

 

If they have done a levy does that cost £40, if so then that plus the £43 add up to the amount his claiming for ?

 

Would it be a good idea to pay these fee's now or wait for breakdown ?

 

Eggy12

[eggy12]

OK FORGET EVERYTHING IVE POSTED BEFORE..

 

Ive got my figures all crossed, the £832 ive paid was wrong, that amount is for the council tax for the coming year (sorry my mistake)

 

The amount I owe the council for 2011/12 is £680.24

The amount the bailif wants is £915.24 so an extra £235 in fee's

 

Ive paid direct to council online £832.24

 

Im going to pay Jacobs there £42.50 via there online payment service as it looks like they have one, but cannot find out how much a levy fee is so will leave that till i can find out

 

Eggy

 

Added extra, wont let me pay online and says i got to make arrangements to pay the bailif !

[wonkeydonkey]

Go in person to the Council and in cash pay the £680.24 + £42.50 to the bailiff fees (he must have read your post, identified it and got up extra early to make sure he got his extra £18) If they refuse to take your payment you will need to ask the name of the person refusing you...ask to speak to the head of revenues and again make the offer to pay. If again refused then you must report the offences they commit to the leader of the Council, your councillor and your MP. just to get the ball rolling.

 

Of course the person that goes with you will have captured all of this on video so you should have no problem proving their refusal to legally having to accept payment to Council Tax.....will you?

 

WD

ps. this is assuming you can afford to clear the debt in one payment...if you cannot, then do same with an installment and tell them this is the way you will pay all future installment xx day each week/fortnight/month until the liability order is satisfied and give your reason to having been placed to take this action to be the fees this bailiff is attempting to charge you do not conform to legislation and that gives you reason to believe they are fraudulent.

Edited March 27, 2012 by wonkeydonkey

[outlawla]

If they haven't left you with a Notice of Seizure of Goods and Inventory, but charged you a levy fee, then they are in breach of the Council Tax (Administration and Enforcement) Regulations 1992.

 

 

If your liability order is for £680.24, the levy fee (if it had lawfully been carried out) would be about £45.

 

EDIT:

 

Other possible fees additional to the £24.50 + £18 visit fees:

 

Head H fee - £24.50 (unlawful if the haven't taken goods away, or incurred advertising costs)

 

This would leave £123 for a van fee. (unlawful because unlawful levy)

 

Need a breakdown to confirm.

Edited March 27, 2012 by outlawla

[wonkeydonkey]

Eggy... you should have been given as outllawla has stated the notice of siezure of goods and inventory, without that then there are no fees other than a 1st &2nd visit fees £42.50 in the event of them having legally performed a levy to your van and you can show it is used solely to your employment then their levy is invalid and the fees associated with it must be removed.

 

WD

[eggy12]

Ok just been for a drive to clear my head..

 

This is what im going to do now, ive paid the council last night via online payments £832.24

That clears what i owe from last year. so that leaves me £152 in credit as my council DO NOT PAY bailiff fee's, Bailff chases me for that as they did last time.

right if i now pay online to the council an extra £16.24 then pop down and tell them ive cleared my arreas with council tax for last year and have also paid the first 2 instalments of this years one up front, that , hopefully will sort that out and they wont give bailif any..

The only letter i have recieved from them with "Notice Of Attendance To Seize Goods" is the one he left this morning with todays date on it.

 

 

How does that sound ?

 

Eggy

[outlawla]

Looks like any dispute you have over money owed, is with the bailiff firm now.

 

Could be worth getting it in writing from the council that your council tax liability has been settled in full for 2011/12.

 

Check with the council that monies have been allocated to the correct year's liability. You don't want any slip-ups with the allocation of payments.

 

Have they listed any item(s) on the Notice of Attendance to seize Goods? i.e. is it a levy or just a notice?

 

Any breakdown of fees left with you yet?

[wonkeydonkey]

If your Council do not pay the bailiff fees (you need to get them to confirm that by email) then it would be pointless for you to pay bailiff fees to them as they will only credit it back to your account...you have cleared the amount owed for 2011-2012 and have 2 advanced payment to 2012-2013 in the pot. I would be inclined to go online to Jacobs and pay £42.50 on the supposition they will claim to have made 2 visits.

 

That it ...end of your troubles.

 

WD

[eggy12]

thanks, Only problem is i tried to do that earlier and when i put in ref numbers a message pops up saying to get in touch with bailiff and make arrangements to pay with him and gives me his mobile number !

 

E

[wonkeydonkey]

send them a postal order .........recorded delivery of course.

 

WD

[eggy12]

Yes.. forgot about snailmail.. Posting first thing in morning in full and final settlement

[holt007]

eggy12 have you paid the bailiff any money????