Enforcement Agent visit - goods viewed for potential removal

[Woodyrocks]

Hi,

 

I am hoping someone can help me. I have been very stupid and parked my car on driveway knowing enforcement agent would soon be showing up some day soon. Well that day was today.

 

The letter pushed through my letter box is an enforcement notice. It says...

 

As payment has not been received i have re-attended your property to take control of your goods. The current some outstanding is £1612.30

 

If you do not contact me to settle this matter i will be returning at a date and time of my choice to remove your goods for sale which will incur substantial additional costs.

 

To avoid removal action contact me on (mobile) signed/ name (enforcement agent)

 

Good reviewed for potential removal 1 X car black reg xxxxxx

 

------------

 

Does this mean my car has been levied? Where do I stand? I will obviously be moving my car but step change said this might be illegal. The debt is for council tax from previous years at previous address. The collection agency is Phoenix Commercial Collection.

 

I desperately cannot afford to lose my car. I genuinely need it for work and we live in a semi-rural area so public transport is a 4 a day job with train station miles away. I spoke to Phoenix 3 weeks ago and offered £50pm as I am on low way and if it wasn't for tax credit would be in a terrible way.

 

Any advice gratefully received. BTW they lied about re-attending my property as it is first visit. I didn't open the door. I asked who it was and he would not say so I said named person was not here. Then he pushed the enforcement notice through letter box.

[unclebulgaria67]

I think they have to give you a notice saying they have taken control of the car. It only says goods viewed for potential removal, so does not sound like a levy.

 

If I were you, I would write out an income/expenditure sheet confirming how much you could afford to pay. Then to send this info to Phoenix and the council involved making an offer of payment that you can make, without causing hardship. Then see how they respond.

[lookinforinfo]

No your car has not been levied-and that term is no longer used. Instead, the bailiff has to either enter into a Controlled Goods agreement with you which requires your

signature, or he secures your car [ie clamps it]. As he has done neither, you are able to hide your car from him. Of course if the car is a Company car; on finance; and

sometimes if it is a tool of your trade [and depending on its value] the bailiff cannot clamp it legally. That doesn't mean he won't but he shouldn't. However clamping a car

is usually the quickest method for some one to pay up. Does your car fit into any of those categories?

 

It doesn't matter now whether they have reattended or not as that can only charge once for their visit, but that is an eye watering fee of £235 which you have incurred by not

coming to a financial agreement with them over the phone.

 

The only way they can remove goods is if you let them in to your property or they clamp your car. So do not let them in nor leave your car close to where you live.

 

As you have already spoken to the bailiff some time ago I assume you received a Notice of Enforcement from him advising you that you need to ring them to avoid them coming

to you and incurring the £235 fee? I guess that you were unable to offer a sufficiently large regular payment to satisfy the bailiff.

 

The best thing is to complain to the CEO of the Council telling them that you did contact the bailiff who refused your repayment [without referring it back to the Council] and they

have now come to your property thus charging you an extra £235 which you think is contrary to the guidelines in the Act. Advise them that you do want to pay the C/T off and suggest a payment to them as well as asking them to confirm how much the debt actually is.

[Woodyrocks]

Thank you both for taking the time to respond. The last letter I got from Phoenix was a FINAL NOTICE about 2 weeks ago. I have not been in contact with the bailiff himself as this is the first contact he has made with me. The final notice said an enforcement agent would be the next step if payment in full was not received by the 5th October. What was the point phoning again to offer £50 per month, which is the most I can spare, when they had said no 5 days before?

 

I have parked the car ten minutes walk away from the house. Will they drive about looking for it do you think next time they call round?

 

So it seems the next step is to prepare an income/expenditure document and to write to Phoenix and Bromley council stating intent to pay but at an affordable rate.

 

Is this correct? Are there templates on the site that have been successfully used by others?

 

I want to do this tomorrow as I feel totally out of sorts about it all.

[Woodyrocks]

Also what Act is the refusal of my offer to pay 50pm contrary to? It will be good to reference it in the letter I send.

[ploddertom]

You should also contact your local Councillor(s) and ask they intervene at the Council on your behalf. Best initial contact is by phone and in my view can be done up until 9pm.

[lookinforinfo]

I notice that no mention has been made as to the status of your car. If your car is on finance [as opposed to a bank loan on the car] then the bailiff should not secure it. And if it is on finance it would be wise to advise both the Council and Phoenix of the situation backed up with documentary evidence. This should prevent

seizure but its not guaranteed.

[Woodyrocks]

I wrote a letter to the Council today and sent a copy to Phoenix as well. I stated that I will only deal directly with the Council and will be making payment direct to Council less Phoenix fees. I made sure to get certificate of posting for both. I know I won't hear back immediately but hope it won't be too long.

 

In the meanwhile I shall keep car well away from my house as not on finance.

[lookinforinfo]

Does that mean that you will pay Phoenix separately for their fees after you have paid off the Council

[Bailiff Advice]

Under the new regulations that came into effect on 6th April the enforcement company are under a legal obligation to send a Notice of Enforcement and this provides a strict time frame for making payment of the full amount requested or to set up a payment arrangement. This 'period' is referred to as the 'Compliance Stage' and a fee of £75 is applied to the account.

 

If payment is not made or a payment arrangement set up then the account moves to the 'enforcement stage' whereby a personal visit is made and a set fee of £235 is chargeable.

 

Trying to set up a payment proposal at this 2nd stage is more difficult given that the 'purpose' of the 'enforcement visit' is to 'take control of goods' and also because at this visit, the enforcement agent will be able to ascertain whether a vehicle is at at the premises and would even be able to get details of the VRM.

 

Given that the new regulation specifically state that goods belonging to the debtor may only be taken the bailiff would need to satisfy himself of ownership and this could very likely be the reason why he did not clamp the vehicle (at the moment)

 

It is possible that he also left the vehicle as it was of low value ( compared to the amount of the debt).

[Woodyrocks]

I was not sent a NOE prior to the bailiff coming round. I was sent a final notice. The enforcement notice I refer to in my OP was filled in at the property by the enforcement agent and put through my letter box as I was not willing to open the door.