Council Tax committal action

[Mr Worried]

Well I know I have not been active within this forum for a while, but forgive me if I am wrong, BUT I was under the impression that a Bailiff could not levy on a vehicle which was on hp? even that of an HCEO?

 

I have discussed with the council and they say get lost and speak with Rossies? the B said he can take Vehicle?

 

Unless the rules have changed since I was last here, then what is the correct stance?

 

Mr

[Conniff]

They can only levy on your property and as the car belongs to the finance house, you can report it stolen.

[Mr Worried]

Hi Conniff

 

I advised him that, he said well its already levied, the property is rented and nothing within belongs to defendant?

 

Whats the best way forward.?

[Conniff]

It's intimidation MW. I take it the car is still there and not clamped. If that is the case, then you can move it and leave it elsewhere. You can't do that with genuine levied goods, and they will check on the legitimacy of the 'its on HP' claim.

If you read some of the threads on here you will see that in some cases, the bailiff has levied and even clamped the car owned by a neighbour just because it was parked outside the debtors house.

 

Having said that, is the car on Hire Purchase or was a car loan used to purchase? if the latter, then it belongs to you.

[brassnecked]

Hi Conniff

 

I advised him that, he said well its already levied, the property is rented and nothing within belongs to defendant?

 

Whats the best way forward.?

In which cas if the motor is on HP it is a third party owner, the finance company, the levy is unlawful, and it along with all charges associated with the levy must be removed. If he persists remind the council that they are 100% liable for any deed or misdeed or unlawful action by THEIR AGENT Rossendales, so maybe they would like to be a defendant in the magistrates court under a Regulation 46 Complaint, as you are aggrieved by the unlawful levy of their agents Rossendales.

[Mr Worried]

Hi Brass

 

Ok Regulation 46, can I instigate that now? based on the above? will it be stayed? etc etc?

 

Your PM box is full too.

 

Mr

[brassnecked]

Hi Brass

 

Ok Regulation 46, can I instigate that now? based on the above? will it be stayed? etc etc?

 

Your PM box is full too.

 

Mr

 

A Reg 46 is one to use if the bailiff and council succumb to extreme muppetry, and don't remove the levy, you can use it as a treat, to get them to see sense, and then go down that route if they are still silly

 

How much is owed, and for what year(s) Could you afford to pay something direct to the council, and tell them that is what you are doing, due to their bailiffs unlawful levy? You would owe some legit fees though.

Edited April 10, 2012 by brassnecked

[ploddertom]

Have you provided proof of the HP agreement to the Bailiffs and have you sent a copy of this to the Council?

 

PT

[Mr Worried]

Have you provided proof of the HP agreement to the Bailiffs and have you sent a copy of this to the Council?

 

PT

 

No and No, the B never asked for such a thing, he just said he could take it, I havent shown the council either because I have not really complained about it yet, however the manager at the CTax dept invited my complaint in writing, can we concoct a letter together? £550, approx for 2010/11.

[ploddertom]

As he only has your word for it he has rightly seized the car, to move forward you must send a copy of the HP docs to the Bailiff Co with a copy being sent to the Council. This should be enough for them to remove the levy and all associated charges, if they don't you lay the blame on the Council advising if they refuse to sort it within 7 days you will make a complaint to the Magistrates asking them to instigate a Reg 46 Complaint naming the Council as Defendant.

 

PT

[Mr Worried]

As he only has your word for it he has rightly seized the car, to move forward you must send a copy of the HP docs to the Bailiff Co with a copy being sent to the Council. This should be enough for them to remove the levy and all associated charges, if they don't you lay the blame on the Council advising if they refuse to sort it within 7 days you will make a complaint to the Magistrates asking them to instigate a Reg 46 Complaint naming the Council as Defendant.

 

PT

 

OK I will do that today

 

Thank you

 

Mr

[tomtubby]

You say that a levy has been made on your car which is subject to HP. Has the bailiff provided you with a Notice of Seizure?

 

What charge has been made by the bailiff for the levy fee?

 

Has any other fee been charged?

[brassnecked]

It would be helpful if you posted up a list of what fees have been applies, as they often add in fees that are incorrect for the stage of enforcement, along with a dubious "enfoecement" fee

[Mr Worried]

You say that a levy has been made on your car which is subject to HP. Has the bailiff provided you with a Notice of Seizure?

 

What charge has been made by the bailiff for the levy fee?

 

Has any other fee been charged?

 

Hi, Last APRIL the first B arrived I paid approx £120 there and then, and set up payment plan ( I know I know ) then I contacted rossies to say No more money etc, then put it to the back of my mind as had repo hearing etc, So a few weeks ago another B arrived and said you broke the plan etc, the last B levied the vehicle now I want paying, I advised the norm, no work, no belongings etc, he replied well we have the vehicle levied? (no I have not got a notice of seizure)

 

Nothing is itemised and it only states the amount which is approx £150.00 more than the original LO.

 

Mr W

[brassnecked]

Hi, Last APRIL the first B arrived I paid approx £120 there and then, and set up payment plan ( I know I know ) then I contacted rossies to say No more money etc, then put it to the back of my mind as had repo hearing etc, So a few weeks ago another B arrived and said you broke the plan etc, the last B levied the vehicle now I want paying, I advised the norm, no work, no belongings etc, he replied well we have the vehicle levied? (no I have not got a notice of seizure)

 

Nothing is itemised and it only states the amount which is approx £150.00 more than the original LO.

 

Mr W

 

You need to contact the council, and ask them

How many Liability orders they hold

How much for

When obtained

When passed to bailiffs, then write to Rossers using this as a template:

 

"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.

 

They will have to provide a breakdown, and it will have to indicate when the levy was applied, you must send proof of HP to the council, and Rossers also.

[Mr Worried]

Morning Brass

 

The 'B' is due today, so I was just going to call the CT Manager at the council followed up with a complaint re Levy on HP Vehicle etc and hopefully apply enough pressure that they remove the LO from the B and allow me to resolve on the basis that the B cant collect because of inappropiate protocol, and Lies. etc.

 

Cant get my head around a letter at the momment though.

 

Mr

[brassnecked]

Morning Brass

 

The 'B' is due today, so I was just going to call the CT Manager at the council followed up with a complaint re Levy on HP Vehicle etc and hopefully apply enough pressure that they remove the LO from the B and allow me to resolve on the basis that the B cant collect because of inappropiate protocol, and Lies. etc.

 

Cant get my head around a letter at the momment though.

 

Mr

 

Move motor away, show bailiff proof of finance, outside the house, don't let him in no matter what he says, have you sent copy to council and rossers? Film him with a mobile phone even if he gets lippy, and he cannot tell you you cannot film him in the street or on your property, it is NOT illegal to film him no matter what threats and bluster he spouts.

[Mr Worried]

Hi , Vehicle is moved, perhaps I will tell him to take vehicle? dunno about recording this tho, dont want to upset the applecart, he has nothing to gain but to return to council, imo.

[Mr Worried]

a Bailiff posted a letter last week saying Council tax etc, ( we have an agreed payment plan and are up to date )

 

1st letter....Amount Due...£245...and even at this late time I can pay £90.00 and further instalments.??

 

2nd letter...Amount Due...£263...?? and we are ready to sieze goods etc.

 

Now Ave spoke with council and there gonna resolve 'mistake'

 

However what is the craic with these charges? unlawfull or what?

 

can I challenge the Bailiff as he recons he gonna come today etc and no ammount of chitter chatter is gonna stop him?

 

Cheers

[BankFodder]

Did you record the call with the council?

Have you got any written confirmation?

[brassnecked]

You should send in a Formal complaint to the Head of Revenues, copied to CEO Council leader, and your MP, include in the complaint that you have not had any notification of a Liability Order being sought, assuming you haven't, and that as your account is up to date you are puzzled as to why a bailiff is now pursuing you for monies you don't owe, and adding fees with threats of removing goods etc. send it clearly marked as Formal complaint.

 

If tyhe bailiff turns up, tell him the account is up to date, the council are looking in to it, and you will not deal with him. hide any car as he will try to levy it, componding the mess. Film him even with a mobile phone if and when he turns up, to use the evidence in any further complaint.

[Mr Worried]

Hi BF

 

No on both counts, however I can get it in writing if I asked, Just the B is en -route etc and I just cant be at home as ave a job on this week etc. shall I challenge the B and his costs and throw the problem back at the council as they are responsable for Bailiffs they appoint,?

[dx100uk]

i'd get your ducks in-line too:

 

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc 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

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"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"

.

[Mr Worried]

Hi All, Just a bit info for you all.

 

I was talking quite openly to a registered bailiff about all things bailiff. I was telling him about my woes from previous and he laughed and said the B had taking the p==s outa me and that he shouldnt of levied a car with hp, his charges were unlawfull, and he lied etc. He told me to complain complain because they are afraid of that and they are aware that 'we' will use form n4's when we can. He said they all bend the rules as their bosses tell them to do so and they will in return protect them if required etc.

 

So then nothing new there eh? I could give you his name but is that proffesional?

 

Mr

[ploddertom]

You do have 6 years in which to ask for a breakdown of fees and re-claim any that were unlawful.