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help please if possible

just had bristow and sutor at my door for unpaid nndr from 2004

he said ive come to take goods i said your not coming in

he said ill take your car i said its not mine its the wifes (worth £400 )

amount owed is around £700

one thing the car is registered to my wife and the receipt when she got the car is made out to her

i drove off with the car anyway

they left paperwork saying they have seized the car but tax unknown

why do this im sure they have the powers to check the cars not mine and theres also a caravan on the drive but never even mentioned this

any advise please

Dave and Mandy :mad2::lol:

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Keep the car and caravan somewhere safe. Suggest that you sort out the NNDR with the council concerned. Make payments to them directly and ignore any refusals to accept payment. Check with the council for details of any liability order. Get the full details of this.

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i made payments direct to them a while ago £250 in all and they paid it all to their then bailiffs tosserdales

i'm not falling for that again

bristow and sutor reckon they been 3 times already and charges are over £200 already i only seen them once so they are lying already

how come these people can try to rip you off and not get penalized for it

how can they take possession of a car and caravan if they belong to my wife and the debt is only in my name

she bought the car and caravan its her name on log book and also has the receipt from previous owner and was also off her own ebay account

i offered to pay the council regular direct payments only to be told any money you pay will be given to baliffs 1st

Dave and Mandy :mad2::lol:

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I assume you had a business back then. What status did you trade under - Sole Trader, Partnership, Ltd Co? Did you provide proof of ownership of the vehicle to the Bailiff? It appears from what you say this has been an ongoing saga if Rossendales have been previously involved - is there a particular reason why you did not pay?

 

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

8 - the dates & amounts of any payments

 

You complain the Council is paying the Bailiff from monies you have paid - are you aware that with a Liability Order the bailiff is paid first with any balance going to the Council. As for the fees you should send something similar to this below to both sets of Bailiffs asking for a breakdown of the fees they are charging.

 

"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"

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The problem with council tax enforcement is that the statutory regulations clearly provide that from all payments made, bailiff fees are first deducted with the balance being paid towards the debt to the council.

 

Therefore, if payment is made to the council they should forward the amount of the bailiff fees to the bailiff company with the balance being applied towards the debt to the council.

 

If the bailiff has seized your wife's car for a debt owed by you then you need to bring this to the attention of the local authority as they are responsible for the levy and fees charged by their agents. All fees associated with the invalid levy should then be REMOVED.

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thanks for the replies

if the council would of accepted my plan instead of passing the account from one bailiff to another it would of been paid off by now

the reason i stopped paying was because the were paying it all to tosserdales who had charged me loads of illegal fees

now they have reopened it again with a new firm bristow and sutor

who posted a letter yesterday saying they have seized my wife's car she purchased the car using her ebay account her money paid for it she has a receipt from the previous owner made out to her etc etc (the debt is in my name only) and charged me £180 9/9/2013 to remove car and a redemption of goods fee £24.50 9/9/2013 also 1st visit on 7/7/2013 £24.50 2nd visit £18.0 29/07/2013 (this one i have them on CCTV creeping up to the letterbox never even knocked or levied on the car car this time why and a levy fee £29.0 9/9/2013 all together £276.0 surely this isn't right also i haven't signed any paperwork the seizure notice and inventory

Dave and Mandy :mad2::lol:

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Youl need to provide these idiots with proof its ur wifes xar and in her name etc, if they were to ignore this after proof has been show they Would be in deep doo doo.

 

But if they have a brain cell they should back off once you show them its not yours they can only take goods belonging to the debtor.

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Well id make sure the car is well out of sight. If they do take it your in a strong position as they would be up sh*t creek without a paddle especailly if they are ignoring vital documentation clealy stating your not the owner.

 

Be firm

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