Bailiff charges and car levied on

[Randome]

Hi,

 

I had a bailiff knock on my door yesterday morning regarding council tax arrears. The debt is in joint names (me and oh) The OH originally set up a payment plan in September paying £250 up front with an agreement to pay £100 a month from then on.

 

At the time we knew £100 a month was going to be very hard but the bailiff co. refused to take any less and my OH said she felt a bit bullied into the £100.

 

Fast forward to now, we have missed the December payment, hence the visit yesterday. He knocked on the door and handed me the Notice of seizure of goods and inventory. On that the fees are listed as follows..

 

Arrears due to authority £1034.69

Fees £18

Levy fee £53.25

Attendance Charges £125

 

 

He also listed on inventory a car that was on my drive, the car is registered to me but I am not the legal owner (the legal owner has said he is prepared to make a declaration of ownership for me)

 

He knocked on the door about 9:30 yesterday and said he would be back "From 7pm tonight" (last night)

 

My questions,

 

Are these fees correct? (from what I've read I dont think they are)

 

If the car has been levied on, how long do I have to prove I am not the legal owner? (because its going to be hard to get the sworn declaration quickly as the owner is working)

 

I have emailed (and going to post) asking for a complete breakdown of fees (using a letter I found on here)

 

I also got onto the Debt helpline yesterday, they suggested going through a budget plan and offering a payment scheme that was more reasonable, they suggested £20 a month after going through it with me. I phoned the Bailiff who flat out refused and just kept saying he will proceed with action against me. Since he didnt turn up last night I have made a payment using their online payment facility of £30 to show that I am not refusing to pay.

 

Sorry if thats all a bit longwinded, just need to get it all off my chest.

[Randome]

I should add, I've not let him in and will not let him in.

 

Also, my OH is pregnant and this is doing her head in, I am unemployed and looking after our son, I am not receiving any benefits other than child tax credit and child benefit (not entitled to anything else, had 6 months jobseekers which run out) we were trying to live on one wage, this has proved almost impossible.

[tomtubby]

Going back to when you had set up the payment arrangment, can you let us know the following:

 

Had a bailiff "levied" upon goods?

 

What fees have been charged so far?

 

Have you received confirmation from the council as to the amount of the Liability Order?

 

Which bailiff co?

[Randome]

Bailiff had not levied upon good at the time of setting up the original payment arrangement

 

As far as I'm aware the only fees charged so far are the above + £24.50 when they put the notice of intention of seizure through the door, will update on here when/if I get the breakdown back.

 

Liability order was for £1360.19

 

ETA, Bailiffs are Stanford and Green in Maidstone

Edited December 18, 2012 by Randome
Added Bailiff name

[Randome]

Just got the following reply from Stanford & Green by email..

Dear Mr

 

Further to your email which we received earlier today, we have to inform you that you will be required to contact Mr *Bailiff* direct on 07581 ******

 

Fees have been added under Schedule 5 charges connected with distress (the Council Tax Administration and Enforcement regulations 1998).

 

Mr *Bailiff's* attendance was required due to the arrangement which we made with yourselves on the 1 October 2010 being broken.

 

On the 1 October 2012 a payment of £250.00 was paid to ourselves along with an arrangement of £100.00 per month to start from the 1 November 2012. We received a late payment from you on the 6 November 2012 and no further payments since.

 

A breakdown of any charges would have already been left at your property by Mr *Bailiff*

 

Regards,

 

 

The payment for November must have been late because of the online payment taking that ammount of time to clear.

 

Do I really have to phone this arrogant man again, to be talked over and ignored anyway?

 

Can the office just palm me off like this?

[Randome]

So on the notice of seizure the arrears due to the authority are wrong, (Should be £1010.19)

 

Is it worth contacting them again to tell them the car levied upon isnt mine?

[brassnecked]

So on the notice of seizure the arrears due to the authority are wrong, (Should be £1010.19)

 

Is it worth contacting them again to tell them the car levied upon isnt mine?

 

Yes enclosing proof of ownership by third party, as the Levy Fee and all associated fees must then be removed from the unlawful levy, after which if you deny the bailiff any further levy and keep him out, he can only have the firrst and second visit fees of $42.50 in total,

[Randome]

What would count as proof of ownership though?

 

He has agreed to sign a declaration but doesnt that have to be done in front of a solicitor/someone from court?

 

Although he has agreed to do it, it may be difficult to get that signed as he works during the day.

[brassnecked]

What would count as proof of ownership though?

 

He has agreed to sign a declaration but doesnt that have to be done in front of a solicitor/someone from court?

 

Although he has agreed to do it, it may be difficult to get that signed as he works during the day.

A Statutory declaration can be done at a solicitors office and costs from £5 But you may need a bill of sale or receipt in the owners name before the bailiff co will play ball.

[wonkeydonkey]

Pay no more to this bailiff or his company...........if you have done a budget plan and that shows all you can reasonably afford is £20 pcm write to the Council enclosing a copy of that and tell them that due to their appointed agents failure to understand the repayment plan they are demanding is not affordable or sustainable by you , future payments to this debt will be paid direct to them at £20 pcm commencing on xyz date.

 

If the owner of the car can show he purchased it and it is on loan to you with the proviso it is to be maintained, taxed and insured by you, he must further tell them that to allow you ease to carry out the taxation and insurance of the vehicle, he agreed the vehicle be registered to you.

 

WD

[Randome]

Thanks for the replies,

 

So I'll write to the council tomorrow, following the above, how should I deal with the Bailiff if he comes knocking again? The car he has levied on has been moved, should I contact him (on his mobile) and tell him he has levied on a car that isnt mine? Or should I just contact the office?

 

The office will no doubt just tell me to contact the bailiff again as per the above letter but I really dont want to talk to this a-hole if I dont need to.

[TB Law]

If the levied car is not yours then the levy is not valid. You bin that list of fees the bailiff has charged. The only legitimate fee the bailiff can charge you is £24.50 and that is provided he has a valid bailiffs certiifcate.

 

Communicate with the council with formal complaint correspondence only.

[Randome]

He does have a valid certificate, one of the first things I checked

[TB Law]

The only way to go with this is in writing, and your letter must clearly say you are making a formal complaint. If you have already done this then make it known this is your final stage in the complaint before contacting the LGO.

 

You dont need to contact the bailiffs, a formal complaint can only be processed inhouse.

[Randome]

The only way to go with this is in writing, and your letter must clearly say you are making a formal complaint. If you have already done this then make it known this is your final stage in the complaint before contacting the LGO.

 

You dont need to contact the bailiffs, a formal complaint can only be processed inhouse.

 

So do I just ignore the bailiff at the door or tell him I am dealing with council as a complaint?

 

I just want to stop him coming, its stressing my OH out and I don't want that as she is pregnant

[TB Law]

The bailiff only has a Common Law Licence to walk up to your door. You revoke that licence by either writing to the company, or by telling him through the letter box that he has to leave your property forthwith. Never ever open the door or leave your windows and doors unlocked - he can, if acting lawfully, get through an open window or door and then break out. If he does not leave forthwith you are entitled to throw him off your land and call the police. From the moment you revoke the licence he is a trespasser. End of. If the police do not respond then say you have not paid your car tax and you will be sent 20 plod in a few minutes.

[sgtbush]

The bailiff only has a Common Law Licence to walk up to your door. You revoke that licence by either writing to the company, or by telling him through the letter box that he has to leave your property forthwith. Never ever open the door or leave your windows and doors unlocked - he can, if acting lawfully, get through an open window or door and then break out. If he does not leave forthwith you are entitled to throw him off your land and call the police. From the moment you revoke the licence he is a trespasser. End of. If the police do not respond then say you have not paid your car tax and you will be sent 20 plod in a few minutes.

 

only in commercial debt you can do this, not for anything to do with magistrates distress warrants etc ( i know the thread is about CT not warrants, just clarifing.

 

not sure when a liability order is granted for council tax

 

the last sentance made me laugh, quite true about the police

reminds me of the American dialing 911 to report a tresspaser, the operater said we cant come right now we are too busy

he phoned back 10 mins later and said can i cancel the police and can u send an ambulance, ive shot him!!

their were 7 police cars there in 2 mins lol

[wonkeydonkey]

Rather than get into confrontation with the bailiff............simply tell him you are dealing direct with the Council with both payments and a complaint,he will without doubt make a lot of noise and spout forth with the usual threats from their hymn sheet,speak to him from a window or outside wth the door firmly closed behind you. Keep calm and remain very firm that you will not deal with him, film him if at all possible

 

It might take a few more visits from him before the realisation dawns on him he will get nowhere but eventually he will catch on he is wasting his time and he will move on to his next victim.

 

WD

[old bill]

only in commercial debt you can do this, not for anything to do with magistrates distress warrants etc ( i know the thread is about CT not warrants, just clarifing.

 

not sure when a liability order is granted for council tax

 

the last sentance made me laugh, quite true about the police

reminds me of the American dialing 911 to report a tresspaser, the operater said we cant come right now we are too busy

he phoned back 10 mins later and said can i cancel the police and can u send an ambulance, ive shot him!!

their were 7 police cars there in 2 mins lol

 

When you take into account the USA is the birthplace of The Muppets, need I say more?

[brassnecked]

When you take into account the USA is the birthplace of The Muppets, need I say more?

 

Don't forget the Keystone Cops, mind you how long before the police catch on and a bailiff is tasered? Oops wait a minute probably the third party the likes of Marstons are trying to blag money off will be mistakenly tasered, only a matter of time, and another nail in the Enforcement Industry's coffin.

[old bill]

Tasering a bailiff? Let me know when the tickets go on sale. I know a load of people who would give their right arm to witness that. I can see a bailiff getting sent down before long. You never know, it might be the two in Loretta's case.

[The Evil Bus Driver]

Maybe you could fold up newspapers and stuff them down your shirt. Or would the bolts go through that?

[brassnecked]

Tasering a bailiff? Let me know when the tickets go on sale. I know a load of people who would give their right arm to witness that. I can see a bailiff getting sent down before long. You never know, it might be the two in Loretta's case.

Well if Caggers have anything to do with it they will. Wonder if they will have to go in with the nonces for their own protection when other prisoners find out they have abused elderly and vulnerable people?

[The Evil Bus Driver]

Tasering a bailiff? Let me know when the tickets go on sale. I know a load of people who would give their right arm to witness that. I can see a bailiff getting sent down before long. You never know, it might be the two in Loretta's case.

 

Lets face it some of them are so fat it would take national grid voltage to put them down.

[brassnecked]

Lets face it some of them are so fat it would take national grid voltage to put them down.

 

You would need enough voltage to send 25 Deloreans back to the 1950s to knock them down.