Council Tax committal action

[Mr Worried]

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

 

Yeh and am on it like a rash, going back years too, full whack.

 

Cheers

[Mr Worried]

Hi All

 

I will keep it short and sweet.

 

I was in a payment plan for CT, to which I am up to date,

 

 

however a few month ago I 'breached ' the agreement by not providing S/E Accts ? in accordence with the terms of our benefits, blah blah.

 

 

the council sent Rozzies etc he levied on a vehicle which has finance etc,

he even commented that he should not do this, but it will be ok?

now the council have sent rossies to collect the original amounts which were on agreement ?

 

I have spoken to the council and advised them that they have not deducted what I have already paid.

so can I get this revoked/set aside on the basis that the B is chasing an incorrect amount?

 

I also complained to the council that they have a duty to 'look after ' their appointed Bailiffs as they are their responsability.

she replied in writing saying, nothing to do with council, direct your complaints to Rozzies.

 

my plan is to write to said council and quote the law as regards councils duties etc. ( with your help )

and hopefully request that they halt collection activity untill this is resolved?

 

Any more ideas ?

[mikeymack2002]

Have you confirmed what was owing with the Council? 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

[Mr Worried]

Have you confirmed what was owing with the Council? 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

 

Great minds think alike...I asked them questions today and they said they'd call me back in the morning, I will be onto them at 10am,

 

Ta

[renegadeimp]

You need to get it in writing ideally. Don't deal with them by phone.

[Mr Worried]

You need to get it in writing ideally. Don't deal with them by phone.

 

Initially I have requested in writing but the info they gave me is incorrect, and They said the Bailiff procedures has nothing to do with them, so I will put the points acrss then get it all in writing.

[tomtubby]

What you must do is to ensure that all fees associated with the "levy" must be removed.

 

The statutory regulations are clear in that a bailiff enforcing a Liability Order may levy upon goods. However, the levy is a vitally important process and the bailiff is under a DUTY to ensure that the levy is carried out correctly.

It has to be understood that the bailiff may ONLY levy upon goods that he INTENDS taking (and ultimately) selling in the event that you default on a payment arrangement.

 

A levy must NOT be made just so that a bailiff is able to charge fees.

 

In your case, by having a levy upon a car that the bailiff cannot remove you have been charged a Levy fee and very likely.....and attending to remove fee AS WELL.

 

Ask the council for the amount of the Liability Order and amount of all fees charged to the account.

[Mr Worried]

What you must do is to ensure that all fees associated with the "levy" must be removed.

 

The statutory regulations are clear in that a bailiff enforcing a Liability Order may levy upon goods. However, the levy is a vitally important process and the bailiff is under a DUTY to ensure that the levy is carried out correctly.

It has to be understood that the bailiff may ONLY levy upon goods that he INTENDS taking (and ultimately) selling in the event that you default on a payment arrangement.

 

A levy must NOT be made just so that a bailiff is able to charge fees.

 

In your case, by having a levy upon a car that the bailiff cannot remove you have been charged a Levy fee and very likely.....and attending to remove fee AS WELL.

 

Ask the council for the amount of the Liability Order and amount of all fees charged to the account.

 

Morning tt.

 

I requested the info from the council and they said 'nothing to do with us' speak to rozzies etc, blah blah, I will be on the phone at 8am to get some input and all in writing, in the meantime I will request that all collection activity be halted etc. not that I am bothered about the Rozz turning up.

[seanamarts]

Get a complaint off to the CEO of the council asap.

 

I would also get a complaint off to Rossendales as well, they know full well they cannot allow this, as he stated, so why did he do it... hmm oh yes.. to line his pockets.

 

As TT has said you need to make sure that the extra fee's are taken off with regards to the unlawful levy.

[tomtubby]

You need to gently "remind" this particular local authority that the statutory regulations are very clear indeed and that the local authority are wholly responsible for the levy and fees charged by THEIR AGENTS !!!

 

 

Therefore, the "levy" upon the car which is on finance is THEIR RESPONSIBILITY.

 

You might wish to suggest as well that they carefully read the highly critical Local Government Ombudsman's report against Blaby District Council which concerned the actions of Blaby's bailiff provider.................ROSSENDALES LTD !!!!

 

Please post back.....

[Mr Worried]

Update

 

So I spoke with council a few moments ago, they say, the amount shown on LO. is incorect as regards that I have kept to the plan??? and that the amount the Bailiff is trying to collect is incorrect? My complaint re bailiff procedures, ( she insists ) are nothing to do with council, I asked her to put in an e-mail to me and by letter, she repied cant do that?

 

WTF ?

[outlawla]

Update

 

So I spoke with council a few moments ago, they say, the amount shown on LO. is incorect as regards that I have kept to the plan??? and that the amount the Bailiff is trying to collect is incorrect? My complaint re bailiff procedures, ( she insists ) are nothing to do with council, I asked her to put in an e-mail to me and by letter, she repied cant do that?

 

WTF ?

 

Can you target your queries to the head of department? The person you're dealing with may not have authority to do anything much more than lie.

[Mr Worried]

Ha Ha Outlaw. She is the head of department, awaiting her callback, but she on a break? stress you see from law abiding citizens like me !

[Mr Worried]

UPDATE

 

Well well, after a nice chat with the council all is resolved and their putting it all in writing.

 

As for rozzies, there is a nice letter in the post this evening.

 

Thanks for all the advice from everyone.

 

Mr

[seanamarts]

Keep us informed

[Mr Worried]

Update

 

OK So I received an e-mail from Rozzies saying contents of my letter noted etc, However untill I provide proof of the vehicle being on hp then the warrant still stands and will incurr extra charges, blah blah?

 

Mr

[renegadeimp]

Send them the letter from the council

[seanamarts]

Update

 

OK So I received an e-mail from Rozzies saying contents of my letter noted etc, However untill I provide proof of the vehicle being on hp then the warrant still stands and will incurr extra charges, blah blah?

 

Mr

I would scan the agreement and email it to them.

[Mr Worried]

they came 2 weeks ago re poll tax

but never knocked on the door

however he did post the info etc at 7.05am

 

I called him immediately and agreed to meet up to sort a payment plan when he was back in the area,

10 days later and no further comms from him

 

I return home to find an envelope on the doormat with the following enclosed...

 

 

Bank paying in slips

A form for.

.request to pay by instalments ( which is why I wanted and was prepared for the meeting with him)

 

Notice Of Distress.

..with the amount,

inc his 1st visit £24.50. And

a Levy fee for £65.00 against a random car from the street to which I have nothing to do with.

 

Now 2 weeks ago I was prepared to Meet up and agree a payment plan etc,

bit because of this paperwork and lack of comms

want to complain/take to task re his actions, and especially the Levy?

 

So whats my best plan of action?

 

can I get the council to take this back re his behaviour?

 

Ta

 

 

Mr Not even worried yet confused by the B's actions.

[dx100uk]

poll tax?

 

if it CTAX pay the council directly

 

dx

[Mr Worried]

Hi DX. They wont do a payment plan now and I cant afford it in a lump sum, just spoke to council they say bogg off speak with rossies?

poll tax?

 

if it CTAX pay the council directly

 

dx

[leigh04]

Hi DX. They wont do a payment plan now and I cant afford it in a lump sum, just spoke to council they say bogg off speak with rossies?

 

Pay Online to council it wont get refused just pay a set amount on the same day every week.

[dx100uk]

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]

I spoke to council about this and they said deal with rossies and that paying them confuses things and I am still liable for rossies costs etc, they also said, re the unlawfull levy that its nothing to do with them?

Pay Online to council it wont get refused just pay a set amount on the same day every week.

[Mr Worried]

Classic DX, That's the shot... adjusted and printed etc.

 

 

Mr letsdoit