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Honeysuckle

 

I'm really sorry to be the bearer of bad news but would you please, consider contacting the council and getting them to send you a statement showing this account is now clear?

 

My bitter experience is that even if you pay the council direct, the council pay the bailiffs their fees first and leave you with an outstanding balance.

 

I have gone as far as to lodge a form 4 complaint against the bailiff, it failed. and the judge decided the bailiff did nothing wrong, and the council have contacted me asking for £500+ that just happens to be the amount the bailiffs have charged me for council tax arrears.

I have asked the council to show me the act that allows them to do this and they have chosen not to.

I know I have the option of taking this to the ombusman but TBH I've had enough!!!!

I hope yours turns out ok

 

Cas

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Great stuff Honey, glad to hear that everythings working out for you :)

 

Im in the process of moving at the moment so my online access is limited

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

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Honeysuckle

 

I'm really sorry to be the bearer of bad news but would you please, consider contacting the council and getting them to send you a statement showing this account is now clear?

 

My bitter experience is that even if you pay the council direct, the council pay the bailiffs their fees first and leave you with an outstanding balance.

 

I have gone as far as to lodge a form 4 complaint against the bailiff, it failed. and the judge decided the bailiff did nothing wrong, and the council have contacted me asking for £500+ that just happens to be the amount the bailiffs have charged me for council tax arrears.

I have asked the council to show me the act that allows them to do this and they have chosen not to.

I know I have the option of taking this to the ombusman but TBH I've had enough!!!!

I hope yours turns out ok

 

Cas

 

This is the main problem with the system. Not enough judges seem to understand this process. Putting in a form 4 complaint is usually the last resort and most people are at the end of their tether and nobody has listened. When the action is dismissed it is very easy to feel totally frustrated at the system. Also I have found the entire process is so long winded. I have had to wait 6 months for my court date for form 4 complaint to be heard. The council have refused point blank to take the account back or listen to my reasons and have therefore had no choice but to issue a Reg 46 against the council just to be heard!

 

This could have all been avoided if someone had taken thetime to look into my concerns!

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I agree..........when going the form 4 route, chose your words carefully, The judge thought I was challenging the amount of the fees i.e was the amount justified for the work involved, this wasn't the case I stated that as I had never met the bailiff how could he have issued and charged me for levy fees and enforcement fees?

 

But it appears that the judge decided that his actions were correct and on that basis he would not revoke his license.

 

I know there are other routes to take but I fear it will be viewed as vindictive.

 

One route is to find out IF the council is allowed to pay the bailiffs fees, if they are theres' no point fighting, because the bailiffs will always get a shed load of money they haven't earnt!!!!

Cas

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ps the reason I went the form 4 route is because I tried the bailiff advice website, the Ministry of Justice and the Court where he originally obtained his license, all took a very dim view of his actions, it was just sods law that he applied at a different court for his license renewal.

I don't think, as individuals we will get very far.

Cas

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HELP!!!I dont no if im doiing this right in neww Hii all ..I have a question n wuld love advise!! EQUITA!! I havent payed mt council tax bill and now gettin 1 letter every week saying balliffs are cummin to my front door within 14days...Ive tried ringing them and come to an agrement of pay...And they said theres nuffink they can do now...It basically to late...Balliffs are still comming, What Do i Do???

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HELP!!!I don't no if I'm doing this right in new Hii all ..I have a question n would love advise!! EQUITA!! I haven't payed mt council tax bill and now getting 1 letter every week saying bailiffs are cummin to my front door within 14days...Ive tried ringing them and come to an agreement of pay...And they said theres nuffink they can do now...It basically to late...Balliffs are still coming, What Do i Do???

 

welcome please start your own thread Bailiffs and Sheriff Officers click on that link it will take you to a new page near bottom of new Page on the left you will see new thread

 

this it what you do

you DON'T let the bailiff into your home no matter what he says you are NOT legally obliged to let him in

If you have a car move it away from the street you live in

if you have a garden do NOT leave anything lying around not even an old spade if you have a garden shed garage greenhouse keep them locked

pay the council direct

 

not a lot you can do to stop the bailiff coming to your house but if they don't get a levy on your car or your goods in your house/garden/shed/garage/greenhouse then the most the bailiff can charge you is for 2 visits £24.50 1st visit & £18 2nd visit

if you are a single parent or are on benefits you may be classed as vulnerable and you must inform the bailiff and the council

Edited by hallowitch
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Hi, i need abit of advice.my unpaid council tax has been passed to B&S.I had letter saying i owed £800 odd.at that time i was joining with debt management company and had passed it onto them to deal with.i e-mailed B&S to inform them of this and they would not accept, said i had to pay £300 and something and then further monthly payments of £200 and something which is just ridiculous.(i'm single mum) debt company agreed we would pay them £65 a month and they told me not to let bailiff in.I had not heard anything so presumed that had accepted this as i have paid them £65 for 3 months now,had bailiff turn up tonight.did not let them in but he left notification of vist form, did not leave any amount owing or cost incurred on it.

Where do i stand?

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This is the main problem with the system. Not enough judges seem to understand this process. Putting in a form 4 complaint is usually the last resort and most people are at the end of their tether and nobody has listened. When the action is dismissed it is very easy to feel totally frustrated at the system. Also I have found the entire process is so long winded. I have had to wait 6 months for my court date for form 4 complaint to be heard. The council have refused point blank to take the account back or listen to my reasons and have therefore had no choice but to issue a Reg 46 against the council just to be heard!

 

This could have all been avoided if someone had taken thetime to look into my concerns!

 

i suppose in a way the judges are not sympathic, because they are probably owned by the council. To go to court to arrange payment for council tax, you do not see a judge but you see the man from the council offices and this privlage costs you £60. how nice of them!

 

So yes many people are at the end of their tether and what do the council care, all they can think of is more £££££ for their kitty.

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Great stuff Honey, glad to hear that everythings working out for you :)

 

Im in the process of moving at the moment so my online access is limited

 

thank you echo, well i thought things were good until this morning, just received a letter from the council saying my H/B has been cancelled and i owe them X amount of money because of overpayment..and they are going to add this to my council tax bill.

This has happened because i did not submit the information they wanted, i was waiting for a wage slip, but due to the postal strike i was late in receiving, i have sent the council a letter explaining the reason why...so now im lumped with another lot of money to pay back.:confused:

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Hmm Councils love to do that Honey. They expect you to wait for weeks and months for them, but they won't wait a second longer than they decide, for you.

 

Best thing is keep doing as you're doing, and write them a letter explaining the situation, and ask them to accept the information late but back date it due to the postal strike. Then get them to re-evaluate your payouts.

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

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What councils should do is have two lots of bailiffs one to deal specifically with non payers and one with who are on benefits etc. I would personally allow someone to pay a£250 debt ad 10% and let them pay in instalments of £7.50 per week and if they wanted leave them a paying in book to pay over the bank counter. As long as they stuck to it i would not be to bothered. also before this i would ask for proof of benefit and so on. that would sort this out but if you have a business debt of thousands dont know what i would do with them apart from pass it back to the council.

this really pees me of i understand fully what this girl is going through and i am personally going through the same but why should (PEOPLE) ON BENEFITS get treated diffrently all balliffs should be playing a fair game throughout and this is what is needed to be put in to parliment my mates are on benefits get to pay debts back at a £5 pw rent and c/t paid they are laughing andalot better of than me :evil:

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I am having major probs with the Bailiffs, Bristow and Suitor. I've googled them and have heard some real horror stories! The laughable thing about my case is they are actually chasing a debt owed by a person I house shared with nearly 2 years ago! I have told them this, but they still come around, demanding her address, sending lots of letters (that I return back to sender) and on one occassion threatening to take my belongings! The last visit was tonight and the bailiff got my landlords address off me claiming they will write to him for proof I live at the address on my own, yet they have seen my sole tenancy agreement! I'm feeling threatened now yet I have contacted the council and they have promised me on 2 occassions I will not be bothered by Bristow and Suitor again and yet still they keep calling. Any ideas guys?

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Off the top of my head of my head Funky there are some formal routes you can take but if you get one turn up again, leave them standing on the door step and ring the Police in front of them and lodge a report of threatening harassment from someone wanting to illegally enter your property and illegally take your belongings. Request a Police Officer to attend immediately as the person is there now acting in a threatening manner.

 

Other than that, have you spoken to Bristow and Sutors local office or have you only dealt with someone on the doorstep ?

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

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this is from the Directgov website.

 

 

What bailiffs can and can't do

 

If County Court bailiffs come to your home, you don't have to let them in.

They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.

 

Negotiating with bailiffs

 

You may negotiate with bailiffs to pay some or all of the debt there and then, so they leave without taking anything. If they accept any payment from you, you'll need to make sure you get a receipt. Bailiffs may be willing to take part in a reasonable negotiation (subject to legal and contractual constraints) - only make an agreement if you can afford to stick to it.

It's likely that the bailiff's fee and expenses for each extra visit will be added to the debt you owe - you may ask for details of these at any time, and fees can be disputed. If you have questions about a bailiff's fees and expenses it's best to get advice - see 'Where to get help and advice' below.

 

What can a bailiff take?

 

Bailiffs can't take essentials such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade' (for example, a computer you use for work).

They can take non-essential items such as your television. They can take possessions outside your home (for example, your car or garden equipment), or in unlocked sheds and garages.

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Bailiff came to my house for unpaid council tax and he wants take my car? I am register disable owner of that car. He came with warrant issued for name removed but my name is name removed. I try explain that I am different person but he told that I used live at my previsious adress and not paid £416 pounds for council tax and he asked me to pay £1200 pounds tohim or he teke my register disable car with blue badge. I paid to him from credit card because I cannot wak without my car. He also give me reciept with not my name on it name removed. My name is name removed. I was at council and try explain them that I always pay my council tax by direct debit and I haven't recurve that bill for 400 pounds on my name because I used live there only three month and after I move to my current adress. Can I claim to my credit card for fraud transaction for refund that

1200 pounds. And ask council to issue

to me ne

w. Bill with my correct name on it for that old adress and pay only 400 pounds without any fee. Can bailiff removed register disable car from my house?

Edited by IdaInFife
name removed for ops own protection
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welcome to cag

 

PLEASE start your own thread you have been well and truly coned by the bailiff click on this link Bailiffs and Sheriff Officers this will take you to a new page look near the bottom of new page on the left you will see new thread if you have a problem with new thread post back on here and we will help you

no they cant take you disabled car

and the most you should have paid the bailiffs is approximately £460 if the bailiff was not in your home

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i cant believe the bailiff has acted in this way...actually i can because many of them are out right cowboys who know that the public are not very well informed on how bailiffs work and the powers they have and more to the point the powers they do not have.

 

this bailiff needs reporting immediately and should have his licience revoked. it makes me sick to know this bailiff threatend to take a disabled persons car.

 

 

im a little confused over the matter of the name the bailiff has on his warrant........is the bill actually for you and they have just miss-spelt your name or is the bill for another person????

I'm no expert in things really but i do have 36 years of experience in life, and some of those years fighting off bailiffs.

Nicknamed Victor Meldrew among friends as i love to complain!;)

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Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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I was at the council to try resolve it. Council said it was my bill with my wrong spelling name. I told them that it was temporary accomadion issued to me by the council and why they send me bill with wrong name? They told that I am enough intellegent to see that is my bill. I am disable

and my wife open only letters for my name, because it was flat with 90 percents of different names not to belongs to us. When I moved to my current adres council send my fist council bill only after 6 month and I start pay without any problems. I didn't noticed that I have to pay for old adres 416 pounds until bailiff came to seize my car. I also called to police about it. I showed to pc my id and v5 with my correct name but pc ask me to prove that I paid my current tax bill but bailiff told for him dose

nt matter and he is truck on the way. pc told me I have to go to council for resolve that. I asked him how disable person with leg can go to council 9 miles without car? Pc told me bailiff have allrights to take

my car. I was have shock about it and asked bailiff to stop it because i was think that name don't belongs to me. Bailiff told me that I have to pay£1200 pounds but it is to late now because his truck on the way to me. I was panic and show to him my blue badge and ask him to stop that track for my car because I am disable and I am ready to paid that 1200. Police also asked bailiff where they have to moved their police car for clear way for bailiffs truck. My wife take my 1 year old baby and locked her at our car with me. Police told us we have to open the doors or they arrest us fir the public offence!!!!!!! I disable person was at my own car. Police don't protect us at all. I ask bailiff please don't take my car take money but he was smile and reapeat it is too late and police was smile as well. I asked again bailiff made phone

call to his manager and told that they forgive us if we pay £1200 pounds. I paid by credit card he give me reciep with that wrong name. I asked him give me reciep with my right name like on credit card but he told me it is not his problem anymore and they all left with police. What I can do now?

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Duluskov, what you've had to endure is disgusting. First off please follow the suggestions and recommendations in your separate thread. Afterwards I would suggest lodging Form 4 complaint to the Courts against the Bailiff to work towards getting his license revoked. Did you get the Police Officers details ? If so, lodge a formal complaint with the Police Complaints Commission about the Police Officers conduct. And then if it was me......go to the media with the story.

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

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I was at the council to try resolve it. Council said it was my bill with my wrong spelling name. I told them that it was temporary accomadion issued to me by the council and why they send me bill with wrong name? They told that I am enough intellegent to see that is my bill. I am disable

and my wife open only letters for my name, because it was flat with 90 percents of different names not to belongs to us. When I moved to my current adres council send my fist council bill only after 6 month and I start pay without any problems. I didn't noticed that I have to pay for old adres 416 pounds until bailiff came to seize my car. I also called to police about it. I showed to pc my id and v5 with my correct name but pc ask me to prove that I paid my current tax bill but bailiff told for him dose

nt matter and he is truck on the way. pc told me I have to go to council for resolve that. I asked him how disable person with leg can go to council 9 miles without car? Pc told me bailiff have allrights to take

my car. I was have shock about it and asked bailiff to stop it because i was think that name don't belongs to me. Bailiff told me that I have to pay£1200 pounds but it is to late now because his truck on the way to me. I was panic and show to him my blue badge and ask him to stop that track for my car because I am disable and I am ready to paid that 1200. Police also asked bailiff where they have to moved their police car for clear way for bailiffs truck. My wife take my 1 year old baby and locked her at our car with me. Police told us we have to open the doors or they arrest us fir the public offence!!!!!!! I disable person was at my own car. Police don't protect us at all. I ask bailiff please don't take my car take money but he was smile and reapeat it is too late and police was smile as well. I asked again bailiff made phone

call to his manager and told that they forgive us if we pay £1200 pounds. I paid by credit card he give me reciep with that wrong name. I asked him give me reciep with my right name like on credit card but he told me it is not his problem anymore and they all left with police. What I can do now?

 

this is so bad what they have done..

dont pay them any money, its not in your name so your not responsible.

let them take you to court, and inform the local media that you will be in court..as echowitch said, it is good to inform the media, of this bad treatment.

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  • 2 weeks later...

Hi, I would very much appreciate some advice on the following...

Backstory

I left my previous address owing council tax of approx £200, to which I provided the council with a forwarding address for any correspondence in Sept 2008. I moved to a different city and the council failed to send me anything and in May 09 I moved again, failing to provide any address to the council because i felt that I had given them a reasonable amount of time.

Not so, recently whist visiting my parents Bristow and Sutor turned up and told me that they will seize my car and provided me with a notice of seizure goods form for 5 days.

The situation now stands after speaking to the council I have cleared my debt with them and managed to arrange for the liability order charge of £74 to be dropped to the actual cost of £3.

The questions that i would very much appreciate if somebody could answer for me are:-

Due to the fact that I have cleared the debt with the original creditors, due I still have a liability to the bailiffs? (Considering the council gave me no indication of the fact that they were taking me to "court" or failed to provide 14 days written notice of transference to the bailiff (by their omission, to the correct address. They sent it to the address the council tax was owed from.)

If I owe money to the bailiff, are these fees legal

Attendance to levy fees - £42.50

Levy fee - £33.00

Walking possession fee - £12.00 (my impression is that you can only charge £0.45 a day up to a max of 14 days?)

Redemption of goods fee - £24.50

All this for a bill of £276.38 inc the liability order charge.

The final question is how did they find my parents address and look for me there? As i know for a fact that I did not provide the Local authority (LA) in question with that address and is it worth sending a Subject Access Request to the LA and bailiff with the intention of attempting to find out if a breach of Data protection has occurred... The fact that they knew I had a car is suspicious to me and doubt that the LA can access the DVLA records to pass on this information to a 3rd party? If this is the case is it possible to prove that the data protection act has been broken by the bailiffs in gaining this information or at least some form of grounds for suspicion...

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Deception issues. I received a parking fine which I originally challenged but the Counsel state that they did not receive my letter. I then go to Australia on 4 occasions throughout 2009 and leave my house with friends. I have mail on my return but nothing from the Council regarding the parking fine. Last Monday, I receive a hand delivered letter on my doorstep from Philips bailiffs claiming £226.08. I contact them and the Council to obtain information about the debt and arrange a payment plan of 4 x £56.52.

 

Since then, I have considered the matter further and made further enquiries. Below is my letter to the bailiff's sent today:

 

For the attention of the Directors

Dear Sirs,

 

Re: Your Fees

 

I am told that for you to progress to the stage of charging £89.74 plus VAT in respect of an attendance with a van, you would first be required to send out two letters of formal demand, the 1st at a cost of £11.20 and the second at a cost of £28.00. Thereafter, if no satisfactory response is forthcoming, an attendance will follow with the appropriate charge being implimented.

 

I am told (by your firm) that all fees are first agreed with your client (in this case Rochdale Borough Council) and having spoken to the manager of Rohdale Borough Council's Parking Services (Kevin), he has confirmed the same and has also provided the information in the first paragraph of this email.

 

I can confirm that I did not even receive the first letter which I understand from kevin, was apparently sent out on 30/09/09 let alone your second letter which I am told was sent out on 14/10/09. I have reason to believe that the letters were not sent to me and on requesting a breakdown of your invoive, it appears that I now have evidence in support. Your breakdown is as follows:

 

29 Sept 09 Debt £110.00

30 Sept 09 Admin Fee £ 11.20

26 Oct 09 Visit £ 89.74

 

Can you please tell me where the fee in respect of the 2nd letter is @ £28.00 ?

 

I understand that letters are sometimes not recieved. The original offence was challenged by me as I did not believe that an offence had occured but the Council states that they had never received my letter. There is nothing that I can do about that and further enquiries have placed me in a position whereby I have had to accept that an offence did occur and that I am responsible for the subsequent penalty of £110.00.

 

I would be prepared to accept that a letter from yourselves was sent on 29 Sept 09 and was not received for reasons unknown but I do not accept the coincidence of a second letter also going astray. The lack of fee in respect of that 2nd letter causes me great concern. If a letter had been sent to me and I had responded positively (which I would have done), your fees would have been limited to £11.20 or £39.20 in the case of a second letter. Without a response (which you would not get if the letters were simply not actually sent) you could progress straight to the visit and charge a further £89.74. This is what I believe you have done.

 

As far as Im concerned, this is an attempt to obtain money from me by deception and as such I am going to report the matter to the police. There is a consumer forum that I will also address to see if similar issues have arisen with any other individuals/companies. A copy of this communication will also be sent to Rochdale Borough Council Parking Services for thier records.

 

I await your comments

 

Yours faithfully

 

 

Has anyone else experienced similar experiences?

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