Council Tax Liability Order passed to Whyte & Co Bailiffs - should I contact the assigned baliff

[brassnecked]

In that case the fees they have added have not legally been applied, as they need to come to your house and you let them in to levy, something which you should not do, pay the council direct using their online system, tell the council you will not deal with the bailiff as they have already added fees to which they are not yet entitled, and won't be as you will not let them in to list goods .

Edited January 25, 2013 by brassnecked

[wonkeydonkey]

I would take that as an admission to not yet having had access to carry out the levy they have already charged you for.......pay the Council direct and them the first visit fee and invite them to claim any further fees they see to be owed through the courts????

 

WD

[brassnecked]

Deny them a levy and they are powerless, there is no law that says you MUST deal with a bailiff.

[Hammersmith w6]

If they have NOT been in the property and listed goods, then the distraint fee and levy fee are invalid. Have they seized a car?

No they have not seized my car.

 

Also I spoke to the council and they have informed that once a debt has gone to the bailiff they will ask for the debt to be returned to them. Only the baliffs can return the debt back to the council.

[Hammersmith w6]

Deny them a levy and they are powerless, there is no law that says you MUST deal with a bailiff.

 

This is what I emailed Whyte & co (the bailiffs):

 

Dear XXXX

 

Thank you for your email.

 

Gathering from the legal advice I have obtained, I am not obligated or obliged to enter into an walking possession agreement with your company.

 

Whyte & Co can agree to a payment arrangement without a need to levy distress at this stage. As stated in my letter dated 22 January 2013 (attached), I can agree to pay £50 per month and am happy to review that payment arrangement in the next 3 or 6 months.

 

I am and want to pay off this debt but can only do so by making the payment agreement above my first payment will be made on 28 January 2013. This will be paid by bank transfer into your account.

 

If you are not happy to accept my offer, I would expect for the monies to be refunded back to me.

 

Also I have noticed that you have added a distraint and walking possession fee to my account, could you explain why this has been added?

 

I look forward to hearing from you.

 

Kind regards

[brassnecked]

No they have not seized my car.

 

Also I spoke to the council and they have informed that once a debt has gone to the bailiff they will ask for the debt to be returned to them. Only the baliffs can return the debt back to the council Who says thata numpty in the council?, as the council are wholly responsible and own the debt, they cannot sell it or otherwise transfer it, they remain in control at all times, and can pull it back off bailiffs any time they want it's just they usually choose not to. .

 

BN

[seanamarts]

I would start paying the council.

[brassnecked]

I would start paying the council.

 

Exactly, is the only way to go.

[Hammersmith w6]

Exactly, is the only way to go.

 

Please note that I have made a payment to WC of £50 today.

 

This the email response I just received from Whyte & co.

What do you think I should do from here?

 

Thank you for your email of 25/01/2013.

 

As this debt is subject to a court liability order full payment is required and we are not obliged to set any repayment plans. We never refuse payments but we are unable to hold action on the basis of an offer of £50.00 monthly.

 

There are bailiff charges of £24.50 on the account xxxx, Case ID: xxxxx in respect of a bailiff visit on 22/01/2013.

 

The Levy and Walking Possession given is a potential amount.

 

Regards,

Whyte & Co.

[wonkeydonkey]

'The levy and Walking Possession given is a potential amount' this in my eyes is admission they have attempted to front load their fees.

Pay the Council direct and write to advise them the reason for doing so....1. their appointed agent will not accept a payment plan without your agreeing them access to your home..you are not prepared to expose your family to strangers poking through personal possessions. 2. they have attempted to front load fees...3. you have no confidence in their ability to abide by the national standards of enforcement. 4. the amount offered as a payment plan is the maximum affordable to you........send a copy of an I & E with your letter.

 

WD

[ploddertom]

 

The Levy and Walking Possession given is a potential amount.

 

Regards,

Whyte & Co.

 

I'm just consulting my latest Hans Christian Anderson & Brothers Grimm to see if they mention this.

[BornThisWay]

Just my two penny's worth. Have nothing to do with the Bailiffs. When this happened to me I simply ignored them. Never responded, certainly never let them in the house.

 

Eventually it went back to the Council and I have been paying them.

 

I think Council's are very lazy/unreasonable in appointing bailiffs, who are nothing more than bully boys. They should deal with the issues themselves, not hand out debts to these thugs.

[brassnecked]

"The levy and Walking Possession given is a potential amount." they know you are on to them so are backtracking, do as WD and PT suggest, pay the council and tell them you cannot deal with Whyte & Co as it is evident from their communications and charges quoted they have openly attempted to defraud you with unlawful front loading of speculative fees.

[Hammersmith w6]

Hello.....update...

I have been making direct payments from my bank account to Whyte & Co, £50 monthly. So far I have made 2 payments, despite them not agreeing to my email request to arrange a payment plan without a walking possession order. I just ignored their response and have continued to pay them.

Today, I received a letter informing me of their intention to remove goods on or after 21/3/2013 unless I contact their office and make immediate arrangements to pay the debt.

 

I intend to email them as the telephone number listed on the letter is a recorded message only and results in you being cut off once the message is relayed.

 

Also, I am a car owner, however I intend to park my car a few streets away from house.

 

Please can you offer any advice or template as to what I should say in my email response to the removal warning letter?

 

Many thanks in advance.

[brassnecked]

Why have you been appeasing the crocodile? why not the council directly, Whyte & Co will have taken the two payments as fees, and the council will have had diddly, the pack drill is to pay THE COUNCIL directly

[lookinforinfo]

Personally I would now ignore the bailiffs. They have lied to you about the fees they charge, they compound it by saying that the fees were potential charges and they will continue to lie about

removing goods, getting locksmiths and calling the Police to your home.

 

Tell the Council that the bailiffs have confirmed that their charges are £24.50 and that as you have paid them £100, they are due the Council the balance. Ask if they have been paid and say that

you will now pay the Council the outstanding amount [less the £75.50 of course ]at a rate of £50 per month until settled.