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Advice with levy on council tax debt - our vehicle on HP but levy on vehicle that doesn't exist.


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Hello all,

 

Firstly thank you to all of you for your invaluable help on here.

 

Just a bit of background ..

 

. I have an ongoing dispute involving my local council, MP and bailiff company..

 

. I have been reading here your very helpful posts to other people over the last couple of months

and will in the fullness of time put the full details of my story on here, as it will highlight

the lies and deceipt of a big bailiff firm, which I know many others have suffered at the hands of

and the subsequent reduction of some very large and 'fraudulent fees' charged by said bailiff firm,

however because of the possibility of further legal action would like to avoid specifics.

 

this bailiff firm claimed recently to have levied upon a vehicle for council tax,

and subsequently charged levy fees and attendance to remove fees against that vehicle.

 

I questioned the vehicle upon which they levied as our own vehicle is on a hire purchase agreement

and was given a registration number that not only isn't ours, but according to the DVLA doesn't even exist.

 

However I would like to know from someone more knowledgable than me on here please

how much basis of truth there is in the following statement from the bailiff company in question:

 

'I must take this opportunity to clarify your misunderstanding regarding legislation

surrounding the seizure of a vehicle which has been obtained on Hire Purchase;

you may not be aware we are entitled to seize goods where there is an element of ownership of the debtor.

 

With goods on finance there is a point in time when ownership of the asset passes to the debtor

or that it maybe that the finance company are prepared to waive their interest

as long as any outstanding balance is settled from the sale proceeds.

Either way we are entitled to pursue assets if there is potential ownership by the debtor'

 

'Please be advised that whilst the act of levying by our bailiff was correct,

in this case I have removed the Levy and associated fees from your file,

total £184.50 in an effort to resolve your complaint'

 

Your thoughts are welcomed,

as this goes against my understanding briefing paper/ stnadard notes SN04103 of the commons library on

'The current regulations of bailiffs' specifically the following part:

 

3.4 Limits on a bailiff’s powers to seize goods

A bailiff cannot seize goods belonging to anyone other than the person named on the distress warrant.

 

For example,

the bailiff cannot take goods which belong to the defendant's partner.

 

A bailiff cannot seize goods subject to a hire purchase or rental agreement

(however, goods on credit sale can be seized because they are deemed to belong to the debtor).

 

Any goods which the bailiff takes must be likely to fetch money at auction.

 

Bailiffs will not remove goods if they think that they will not fetch enough to pay something towards the warrant

after the cost of removing and selling them at auction has been paid.

 

By law, bailiffs cannot generally take:

 items or books which the defendant needs for his job or business,

such as tradesman's tools or other equipment necessary for personal use in employment or business

(however, a bailiff acting for Poll Tax, Council Tax, VAT and Tax may be able to do so);

 essential household items which the defendant and his family need (such as clothing or bedding);9

 items which are leased, rented or are on hire purchase agreements; or

 goods which may have already been seized by bailiffs acting under another warrant

 

By law, bailiffs also cannot take:

 cars which are bought on hire purchase; or

 equipment which does not belong to a business (for example, office furniture, machinery and vehicles which may be leased)10

 

 

Many thanks for your help in advance..

 

. and I hope that very soon I can post the full details of this case once all parties involved have seen sense.

 

Aggreived!

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"With goods on finance there is a point in time when ownership of the asset passes to the debtor or that it maybe that the finance company are prepared to waive their interestlink3.gif as long as any outstanding balance is settled from the sale proceeds. Either way we are entitled to pursue assets if there is potential ownership by the debtor'

 

i would like to see them argue the toss when the motor on HP goes for a fraction of it's value and the bailiffs don't raise enough for their fees, and a portion of the debt let alone to discharge the liability to the Finance company.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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well ocourse you already know what you have been told is TOTAL bunkum!!

 

if that IS in writing

 

then it would be very damning in a court case IMHO.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It would indeed to be good to see this happen. Just think breach of contract whereby you may be able to claim each & every payment back from the finance company + interest.

 

Exactly so, the finance company would be liable for breach, and would probably lose out twice as the bailiffs will sell the car for peanuts and pocket the entire meagre proceeds.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks for all your help so far.

 

I have uploaded a picture of the letter to here postimg.org /image /yymjpxtw3/ (sorry you'll have to remove the spaces as I can't post a URL)

 

My main complaints are:

 

Alledged visits without letters left (my wife is home full time).

Levy on a car which firstly was quoted as registration number that doesn't exist, subsequently discovered that vehicle does not exist according to DVLA.

Claim by Newlyn levy is valid anyway.

Refusal to supply name and certificate info of bailiff who has allegedly attended

Charge of levy fee, attendance to remove and head H fee all on same day and confirmed in writing.

Refusal to hold account whilst complaint taken up with local council, MP and Newlyn (they only hold it when they have to have time to consider responses.)

 

I will shortly be able to post more of the ridiculous letters and lies of Newlyn.

 

Thanks again for your help.

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