Chandlers want to remove car for Council Tax

[SILVERCAT55]

Apologies, but my head is swimming with so many threads I'm posting here in the hope its right!!

 

Can a bailiff remove your car if it's an absolute necessity to daily living and continued employment? I find myself in this position following a visit from Mr. Gxxxxx of Chandlers yesterday (Sat 7th Sept) demanding immediate payment of CT arrears totalling £1350 - which is impossible for me to find - or my car would be removed tomorrow (Mon 9th Sept)

 

I work full time night duties, 2300-0800 five or six times a week with a commute of thirty miles every shift. The village I live in is off the beaten track with no public transport available - and the closest town is seven miles distant. As an aside, I also suffer arthritis, diabetes and depression which I have been treated for over several years. My car is a genuine necessity for daily living and continued employment.

 

I explained the above to Mr Gxxxxx who responded that the car was not a necessity but a luxury and would still be removed on Monday - adding the sarcastic remark "so you'll just have to move closer to work then won't you". With that comment he walked off saying he'd be back on Monday.

 

With Mr Gxxxxx demand yesterday, today being Sunday, and the deadline tomorrow, I have been unable to directly approach anyone for face to face advice. I have e mailed both the council and Chandlers, but of course no one is available till after 0900 tomorrow which will likely be too late for me. I also 'phoned and left a desperate request for a company called 'Action Credit Management' to contact me first thing tomorrow as their website seemed very convincing and professional. All these contacts aside, I'm absolutely terrified that Mr Gxxxxx will still remove myvehicle which is so vital given my circumstances and location.

Edited September 8, 2013 by ploddertom
Removed Names

[hallowitch]

Apologies, but my head is swimming with so many threads I'm posting here in the hope its right!!

 

Can a bailiff remove your car if it's an absolute necessity to daily living and continued employment? I find myself in this position following a visit from Mr. of Chandlers yesterday (Sat 7th Sept) demanding immediate payment of CT arrears totalling £1350 - which is impossible for me to find - or my car would be removed tomorrow (Mon 9th Sept)

 

I work full time night duties, 2300-0800 five or six times a week with a commute of thirty miles every shift. The village I live in is off the beaten track with no public transport available - and the closest town is seven miles distant. As an aside, I also suffer arthritis, diabetes and depression which I have been treated for over several years. My car is a genuine necessity for daily living and continued employment.

 

I explained the above to who responded that the car was not a necessity but a luxury and would still be removed on Monday - adding the sarcastic remark "so you'll just have to move closer to work then won't you". With that comment he walked off saying he'd be back on Monday.

 

With Mr Gresty's demand yesterday, today being Sunday, and the deadline tomorrow, I have been unable to directly approach anyone for face to face advice. I have e mailed both the council and Chandlers, but of course no one is available till after 0900 tomorrow which will likely be too late for me. I also 'phoned and left a desperate request for a company called 'Action Credit Management' to contact me first thing tomorrow as their website seemed very convincing and professional. All these contacts aside, I'm absolutely terrified that Mr will still remove myvehicle which is so vital given my circumstances and location.

 

Hi welcome to CAG.

Edited September 8, 2013 by ploddertom
Removed names & link for new thread as already created

[ploddertom]

New thread created

[seanamarts]

Im afraid that yes your car can be taken/seized, so its best to try and get this sorted asap.

 

Have you contacted the council with regards to the arrears?

have you been given a list of all the items that the bailiff has levied, ie your car, on this should be a break down of his fee's and charges. If you have not been given one you need to request this asap from the bailiff company.

I would try and get a repayment set up either with the council or the bailiff. I would try with the council though and start making payments to them asap, you can do this via the council's website.

If your car has not been placed on a levy yet I would try and find a safe place for it until this has been sorted.

 

Was/is there a reason why you could not pay your CT on time?

[tomtubby]

Please try not to take this advice the wrong way as hopefully my post may be read by many other people and they will hopefully then be able to AVOID the same thing happening to them.

 

With council tax, there is a LEGAL obligation for the council to send a letter 14 days BEFORE passing the account to bailiffs to advise the debtor that the court have granted a Liability Order and that unless contact is made with the council that the debt will be passed to bailiffs to enforce. Last year approx 3.3 million Liability Orders were obtained and less than HALF went to bailiffs.

 

Unfortunately, the problem with ignoring the 14 day letter from the council is that the council will assume that debtors are refusing to pay and that the ultimate sanction is for bailiffs to seize goods.

 

There is also the very serious situation that by failing to respond to the council the debt will increase by a few hundred pound to include bailiff fees.

 

In your case there can be NO DOUBT at all that you satisfy the requirement outlined in the statutory regulations in that the vehicle is for "your use personally in the course of your business or employment".

 

You MUST ensure that you contact the council first thing this morning as they are WHOLLY RESPONSIBLE for the levy and all fees charged by their AGENTS !!!

 

Did the bailiff provide a Notice of Seizure?

 

Did you sign a Walking Possession form?

 

Can you post back with details of the fees charged by the bailiff.

[SILVERCAT55]

Hi Tomtubby and thanks for the quick response

 

I was fairly certain that my car could not be removed as a (provable) necessity for my continued employment (and daily living) but needed some legal confirmation.

 

I have contacted the council by e mail over the weekend and received automated acknowledgement with a reference number

 

All Mr [edit] left with me on Saturday was a notice of attendance - but I guess the notice of seizure will arrive with him today, I did not allow him to enter my home and signed no walking possession form, also, no costs are shown on the liability order

 

I will now contact the council directly. Just before picking up your thread I had spoken with a Magistrates Clerk about a repayment plan, but she too referred me to there.

 

Regards

Silvercat

Edited September 9, 2013 by seanamarts
taken out bailiff name

[unclebulgaria67]

Suggest that you keep your cars a away from the house until you get this resolved.

[brassnecked]

Suggest that you keep your cars a away from the house until you get this resolved.

might be difficult given the location,

[tomtubby]

As you have only been given a Notice of Attendance, this would indicate that the car has NOT be "seized" (levied upon) and I would therefore urge you if possible to move the vehicle. Please so speak with the council and post back once you have done so.

[SILVERCAT55]

Hi Uncle Bulgaria - unfortunately my village is too small and off the beaten track to be able to hide the car, more's the pity!

[hallowitch]

perhaps the reason your car was not levied by Mr G is because he is not a certificated bailiff his name does not appear on the bailiff register it may therefore be advisable to contact chandlers and your council to ask for proof of Mr G date and court of certification having said all that the register is not always up to date an e-mail should be sent to

cbregister@hmcts.gsi.gov. uk to confirm if he is a certificated bailiff

 

what's the approx. value of your car would a sale at auction cover all bailiff fees including removal and sale costs plus a portion of the debt if it wouldn't then perhaps this is another reason no levy was performed by Mr G

[SILVERCAT55]

TT

They're supposed to be calling me back within the hour, but how do I stand if Mr [edit] arrives in the meantime?

Edited September 9, 2013 by seanamarts
taken out bailiff name

[SILVERCAT55]

Hi Hallowitch

 

Hmmm

 

My car is probably only worth £1300 at retail value, so, no, it certainly wouldn't cover the arrears after all costs - but then knowing this, why would Mr [edit] specifically set today as 'removal day'

 

Regards

Silvercat

[seanamarts]

SILVERCAT55

 

Please can we refrain from putting in personal names.

 

Thank you

 

seanamarts

 

Site Team

[lookinforinfo]

SILVERCAT55 he does not want to clamp your car-he wants you to pay him asap therefore he will threaten and bluster to get you rushing round friends, relatives, piggy banks etc to raise the cash.

 

The fact that he may not be legally entitled to do something will not stop him from trying which is why you have been advised to hide the car and sort out with the Council quickly to avoid your car

being clamped.

Is there not a friends garage you can put it in nearby?

[mikeymack2002]

Have you tried to reason with the council yet to pay the arrears? Pay them directly via their online payment method. If the value of the debt is say £1500-00 the value of your car at auction is £500-00 the levy maybe seen as excessive, this also includes bailiff's fees. Is the car the only thing that has been levied on? has it been levied on yet? Maybe you do not have enough goods to pay the entire debt therefore the bailiff should return it to the council which is unlikely, then again it will make the levy excessive. Then it will be returned to the council for you to be able to make affordable arrangements to repay the debt. Don't cave into to the ways that leave you in more debt than you are in now. If the bailiff knows that it will not cover the debt then he should ask the council what to do before he continues enforcement action. Because they are ultimately responsible for the bailiffs actions.

[tomtubby]

Silvercats

 

I also live in a VERY remote area indeed and in fact...my nearest village ( with just one shop) is over 5 miles away so I can appreciate your problem.

 

However, in your case, being so remote is to your advantage as you can easily demonstrate to the council the reason WHY the car is vital to both your employment and getting from A to B.

 

Also, given the value of the car it would be clear that the bailiff would not want the car....and instead...would be looking to charge an "attending to remove" fee.

[Mandyblueeyes]

Sorry to hijack but this same bailliff has been making my life hell. I defaulted and panicked so paid the full amount. Mr g confirmed this was ok then appeared on my doorstep saying I underpaid by £1 so was going to take £81 from my house. Cue lots of crying as I struggled to make the full payment and the £1 was a genuine oversight. He was very rude and upsetting infront of my young daughter. (I am a single mum) I paid the £1 but he insists he is coming back today to remove goods for the £80 charge. I call a company who confirmed he is not registered. Currently awaiting a call back from chandlers.

[brassnecked]

Sorry to hijack but this same bailliff has been making my life hell. I defaulted and panicked so paid the full amount. Mr g confirmed this was ok then appeared on my doorstep saying I underpaid by £1 so was going to take £81 from my house. Cue lots of crying as I struggled to make the full payment and the £1 was a genuine oversight. He was very rude and upsetting infront of my young daughter. (I am a single mum) I paid the £1 but he insists he is coming back today to remove goods for the £80 charge. I call a company who confirmed he is not registered. Currently awaiting a call back from chandlers.

Hi Mandyblueyes, it may be better to start your own thread, so you can use this one I have started for you here:

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

 

You should send a Formal Complaint IN WRITING to whoever sent Mr greedy

[Mandyblueeyes]

Thank you and sorry

[mikeymack2002]

hi Mandyblueeyes welcome to CAG can you start your own threat with all the details you can then we can advise you much better, list as much as you can without giving personal details or personally naming the bailiff,

[SILVERCAT55]

Sorry, I hadn't realised that that's a 'no no' and will refrain from doing so in future postings but ( just out of curiosity and with respect) why is that when there are likely several other 'victims' who have fallen (or may yet fall) prey to this particular bailiff who was acting illegally for perhaps not the first time?

 

I say that, because thankfully the council have contacted Chandlers half an hour ago (at the eleventh hour and fifty-ninth minute) to stop the removal as it would in my case have been illegal

 

Regards

Silvercat

[mikeymack2002]

Bailiffs have big feet, big mouths, long arms all to get your money off of you with the least resistance as possible hoping that the person they are talking to is naïve regarding what they can can't do

[hallowitch]

I wonder if its the same local authority you can name the local authority if you want to If he is not certificated he should not be charging fees or threatening to remove goods

 

SILVERCAT55

 

has he charged fees does the Notice of Attendance have an outstanding council tax balance + fees added for his visit

[SILVERCAT55]

Hi TT

 

I'm back with a sigh of relief as the council have intervened with Chandlers (at the eleventh hour and fifty-ninth minute) to stop the removal. It would definitely have been illegal, but only given MY personal circumstances which other 'Caggers' who may find themselves in a similar type of situation should be aware of

 

I still have to set up an affordable repayment agreement with Chandlers which is a legal requirement - although have to say when I had asked this of their bailiff, despite being aware of my need to retain the car he was completely unbending and refused the request.

 

When all's said and done, I've been subject to three days of extreme stress and sleepless nights because of this supposed 'professional' who chose to ignore the rules and act illegally. I have sent a complaint to Chandlers but am naturally not going to hold my breath about him even being disciplined!

 

Anyhow, many many thanks for your advice 'TT' and keep up the good work! My thanks also to all you other 'Caggers' who have responded to my thread so promptly - it's sure opened a can of worms!

 

Regards

Silvercat

Edited September 9, 2013 by SILVERCAT55