Bailiff Clamped daughters car ** SUCCESS - WITHDRAWAL OF FEES**

[seanamarts]

I know, I dont think they read their own codes of conduct, I doubt they even know what it is, but maybe a gentle reminder could be sent their way

[gina11x]

I get the feeling at the minute they think if they keep ignoring us we will go away, and maybe that is how they get away with treating some ppl like this, I know lots of ppl have probably sadly given in, and if i'm honest when i said i would put a stop to this to my daughter I wasn't a 100% sure what to do, but this site is amazing the advice and support is unbelievable it takes the dread out of the situation so i say onwards and upwards tomorrow they have had a week to reply and have done nothing. So I think its about time they gave out some answers

Be aware that when contacting the Council they will try to fob you off by telling you it is nothing to do with them. Each person that tells you this ask to speak to someone more senior, just remember you can't get more senior than the Council CEO and the buck stops with him. Don't take no for an answer.

 

PT

[gina11x]

Well they definately don't practice their own codes thats for sure, I am sure I will be able to find alot of their codes that have been broken during this and ask if they would like to explain why. I have a funny feeling there might be a charge for their answers though lol

I know, I dont think they read their own codes of conduct, I doubt they even know what it is, but maybe a gentle reminder could be sent their way

[gina11x]

Hi I have just finished another email for R & R and wondered if someone would give it a once over and let me know if its ok please. I have found some good pointers on the councils codes of practice which i will be discussing with them this afternoon, but if you could let me know if this is ok for R & R i would really appreciate it. Also could i ask where is the refund most likely to come from the bailiffs or the council Thanks for all your help x

 

Dear Sir

 

Thankyou for your recent email. I have now had a chance to go through your company policies. however I cannot seem to find a policy with regards to placing a levy on another persons, Not the debtors property. I would appreciate it if you could therefore send me details as to where I can find your regulations/policies on this. I have also noted that receipts should be given when any money is received (All monies received either direct to the bailiff or by other means, will be officially receipted) please take note this has not been the case. I would like to point out at this time that you are not allowed to levy or remove goods that Do Not belong to the debtor in accordance with the council's own code of practice. I am willing to send you a copy of this if you are not familiar with it. I have also attatched a copy of the V5 for the car that the charges have been placed upon as you will see it is not my car and never has been my car. I haven't seen any policy from you that you are legally allowed to place a levy on goods that belong to another person. So therefore it appears the fee's I have been charged are unfounded and would therefore request a refund of all the charges on my account except the 1st and 2nd visit fee's totalling £42.50. I look forward to hearing from you.

 

Yours Faithfully

[seanamarts]

Nice

[hallowitch]

do not attach a copy of the v5 its none of there business (and they may use the information to knock up a notice of seizure )

Legally they have not levied against this vehicle as there was no notice of seizure left at the time of the levy

[gina11x]

Ok i will remove that part of it, I was just hazarding a guess as this was levied upon as they will not release a copy of the levy without payment for it, and as they hadn't been in the property i assumed they had done it on the car. Is the rest of the letter ok with this bit removed?

do not attach a copy of the v5 its none of there business (and they may use the information to knock up a notice of seizure )

Legally they have not levied against this vehicle as there was no notice of seizure left at the time of the levy

[hallowitch]

as the levy was charged on the 10th may (the same day the car was clamped) i would assume the bailiff Will be calming the car as a levy however he did not leave the notice of seizure therefore there is no levy on this car I'm sure he also noted down the reg

 

up until this visit on the 10th (the day of the levy)may how much had he paid off this debt

[gina11x]

Hi the levy was supposedly done on the 10th may 2011 the car was clamped on the 8th may 2012 although there was definately no notice of seizure left last year when the levy was meant to have been done otherwise we would have disputed it then. He made a payment of £240 the 1st time the bailiff came out, then paid 5 monthly payments of £120 although from what i can gather he then stopped paying the bailiffs as he assumed he had paid it off as the council tax bill was £481, unfortunately it turns out most of the payments went to bailiff charges not to the council so the debt wasn't cleared and now this happened. There is still £216 owed to the council however he's going to pay that direct to them at the end of the month. The bailiff that clamped the car wrote down the reg number so i know from that they do have the reg number now.

as the levy was charged on the 10th may (the same day the car was clamped) i would assume the bailiff Will be calming the car as a levy however he did not leave the notice of seizure therefore there is no levy on this car I'm sure he also noted down the reg

 

up until this visit on the 10th (the day of the levy)may how much had he paid off this debt

[gina11x]

Hi I really need abit of help again with this problem, my son in law paid council tax off directly to the council now the bailiffs have reared there ugly heads again. They are saying he owes the bailiffs company £75 in enforcement fees and if he doesn't pay they will come with a locksmith and enter the property. Thanks to all your help I now know this is a load of but can bailiffs just add and collect on there own fees, any help would be gladly received as they are meant to be coming today

[ploddertom]

Has he asked which fees they are claiming, it might be they are wrong? Has he had confirmation from the Council his liability to them is satisfied? During their previous visits had they ever gained access to his home or otherwise levied on goods outside?

[gina11x]

They have said they are late payment fees from what i can gather as they never paid them but paid the council direct.

They ask him to sign a payment plan and then levied on my daughters car with the help of this site i managed to get the car removed from the levy, but they have never been inside the property to have levied on anything.

[ploddertom]

There is no such thing as a Late Payment Fee - ask them which Regulation allows them to charge this.

[gina11x]

That is originally what i thought, but the bailiff she spoke to said that because son in law signed a payment plan now called a contract they are allowed to charge more and recover there fee's apparently it is a late default payment. I'm not sure whether this makes any difference or not. I just think personally they are trying it on.

I asked my son in law to contact council tax and confirm the debt is settled and he has just been told the account is actually in credit and they owe him, but he will have to deal with the bailiffs over there charges.

[gina11x]

Just to let you know it is finally over they have withdrew there fees can't imagine why lol

Thankyou for your help and everybody else who gave great advice and support throughout this x

[ploddertom]

That is originally what i thought, but the bailiff she spoke to said that because son in law signed a payment plan now called a contract they are allowed to charge more and recover there fee's apparently it is a late default payment. I'm not sure whether this makes any difference or not. I just think personally they are trying it on. Did the "contract" start Once upon a time because it is certainly a fairytale.You certainly have to give them points for trying.

I asked my son in law to contact council tax and confirm the debt is settled and he has just been told the account is actually in credit and they owe him, - he will have to ask if he wants the monies back oyherwise they will just leave it as a credit - but he will have to deal with the bailiffs over there charges.

 

PT

[ploddertom]

Just to let you know it is finally over they have withdrew there fees can't imagine why lol

Thankyou for your help and everybody else who gave great advice and support throughout this x

 

I wonder if they have seen sense - more likely they have been reading this. Pleased to hear all sorted and will make for an easier time all round.

[Surfer01]

Thanks for the update. Can we assume that the only money paid to the bailiffs was £42 plus the liability order.

[seanamarts]

Well done, this is great news

[seanamarts]

Have notified site team to ammend the title