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    • Hi Andy    I will attach all the final documents here by Pdf I will make the amendments and do I need to post this by recorded delivery or can this be sent by email?
    • Couple of errors on your N244...not sure why you couldn't save a copy...move your mouse to the side and right click ...save as.   Dont complete anything in 6..my 30 mins was an error...as its requested without a hearing..   9a should be left blank (it states other than the claimant /defendant).   Staple the Draft order to the n244 along with the 2 letters of consent.   On the draft order remove the Amended particulars ..that was just for your benefit when you get to the next stage and the court asks you to resubmit amended particulars.Also there is an error in the amended particulars...should state " The leading Claimant " not The principle claimant.     No you cant represent anyone....but you will be in attendance as the main claimant...if necessary and if directed by the court your daughter can submit a statement in support of the claim in her absence.We can cross that bridge if and when necessary.   Assuming the application is successful the court will give an order for you to resubmit an amended particulars of claim...nothing else changes..the date of claim the value etc....only the claimants names and the particulars.   lastly dont forget to make payment ...the fee is £100...and also be aware that in making this application you may become liable for the defendants costs if your claim is not successful.   Andy
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    • Although I broadly agree with that sentiment Jase, the 'conservative MP's have just defined themselves by almost all blocking a relatively small sum to feed hungry UK children Approx 125 million it cost to feed hungry children over 6 weeks I saw   So as a rough rule of thumb If we take 4 weeks of lockdown and 4 weeks of holidays until 'spring, you are talking about them refusing * less than sercos EXTRA profits from covid, * and FAR less than the cost of the failed collect 250 spit samples a day exercise   Despicable doesn't even start to describe them.      
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Council Tax and Bailiffs ref only - NO POSTS ALLOWED


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You're right yeah its absolutely ridiculous, I will admit I'm scared as hell. I telephoned the office to query it all and got the answer I knew I'd get, that there's nothing that can be done because they highlight that there will be charges. Telephoned the council & they pretty much said nothing can be done once its passed over to the bailiff, so I guess I'm just going to have to struggle till its paid off just hope I don't fall behind & incur yet even more charges! I swear if I ever saw the bloke again I'd lamp him, OK not the done thing really but I can't get over how on earth these people get to prey on people & sleep at night!

 

 

what did he levy

 

did you get a letter from the council telling you a liability order for xxxxxx amount had been granted and telling you the bailiffs would be coming

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You're right yeah its absolutely ridiculous, I will admit I'm scared as hell. I telephoned the office to query it all and got the answer I knew I'd get, that there's nothing that can be done because they highlight that there will be charges. Telephoned the council & they pretty much said nothing can be done once its passed over to the bailiff, so I guess I'm just going to have to struggle till its paid off just hope I don't fall behind & incur yet even more charges! I swear if I ever saw the bloke again I'd lamp him, ok not the done thing really but I can't get over how on earth these people get to prey on people & sleep at night!

 

I was very scared when the baliffs kept calling round..one even assaulted my son.

i paid the baliffs some money, then i found this forum..and paid direct to the council,most of the money paid to baliffs, is their fees.

i contacted the council and told them to stop sending their bullies round..i offered payments, but they were not interested..

i will still keep paying the council..

i really dont know how any of these people sleep at night.

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suzyc71 I was reading your post again and i cant understand your bailiff fee :?

 

I made the mistake of letting a bailiff into my home this morning for council tax arrears of £108.Is this the amount of the liability order (confirmed by the council)

With charges the amount was £130.is the £22 that has been added bailiff charges I explained to the bailiff that I had managed to scrape together a £100 & could pay the remaining £30 in 2 weeks time Did you pay this £100 to the bailiff

I'd have to enter into an agreement and that he'd try not to add too many charges to this debt, mentioned something about it being an extra £67

The figure had gone from £67 up to £162.43 please don't tell me the the bailiff has added £162.43 in charges to a £108/£130 debt :eek:

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I was very scared when the bailiffs kept calling round..one even assaulted my son.

i paid the bailiffs some money, then i found this forum..and paid direct to the council,most of the money paid to bailiffs, is their fees.

i contacted the council and told them to stop sending their bullies round..i offered payments, but they were not interested..

i will still keep paying the council..

i really don't know how any of these people sleep at night.

 

you wont go to prison

They can only send you to prison if you wilfully refuse to pay

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Honey i took these figures from your thread are they from the bailiffs/council

how many liability orders are they collecting

have you got the dates each fee was added

costs outstanding £388.16

first visit fee 24.50

walkin possession £39

other £12

total £466.66

costs outstaning £1200.78

first visit £24.00

levy fee £61.00

walkin £12.00

total £1298.28

costs outstanding £35.25

first visit fee £24.50

levy fee £26.50

other £12.00

total £98.25

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suzyc71 I was reading your post again and i cant understand your bailiff fee :?

 

I made the mistake of letting a bailiff into my home this morning for council tax arrears of £108.Is this the amount of the liability order (confirmed by the council)

With charges the amount was £130.is the £22 that has been added bailiff charges I explained to the bailiff that I had managed to scrape together a £100 & could pay the remaining £30 in 2 weeks time Did you pay this £100 to the bailiff

 

I'd have to enter into an agreement and that he'd try not to add too many charges to this debt, mentioned something about it being an extra £67

The figure had gone from £67 up to £162.43 please don't tell me the the bailiff has added £162.43 in charges to a £108/£130 debt :eek:

 

Yes the £108 is the total figure I owed the council & yes the £22 was the added charge for him calling ending up as £130. I borrowed a £100 off my dad and gave this to the bailiff this morning yes. What should have been left outstanding was £30 that I owed for the council..instead he added all the rest as charges which I'll show you below...

 

Amount for which this distress is made

Arrears due to authority ...................................................108.63

First Attendance Fee........................................................ 22.50

Second attendance Fee is blank

Levy fee to scale schedule................................................ 23.00

Attending with vehicle with a view to removing..................... 75.00

Walking possession fee..................................................... 11.00

Close possession fee per day is blank

Removal fee/Where no sales take place............................... 22.50

 

Amounting to £262.43 (Minus the £100 I've already paid him = £162.43)

I realised after he'd left that he didn't give me a receipt for the £100 either, so I rang the office & he is meant to deliver the receipt to me tomorrow.

 

In answer to what u asked me earlier in this thread, I do remember a letter from the council asking for payment to them the council themselves & then the next thing I had was a bailiffs letter hand delivered thru my letterbox (I was home @ the time as well, there was no way they knocked my door). I then had to contact the bailiffs office to arrange an appointment for him to call to discuss payments. I feel so embarrassed that I've practically been robbed in broad daylight!

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I was very scared when the bailiffs kept calling round..one even assaulted my son.

i paid the bailiffs some money, then i found this forum..and paid direct to the council,most of the money paid to bailiffs, is their fees.

i contacted the council and told them to stop sending their bullies round..i offered payments, but they were not interested..

i will still keep paying the council..

i really don't know how any of these people sleep at night.

 

you wont go to prison

They can only send you to prison if you wilfully refuse to pay

 

 

thank you hallowitch, it would seem pointless if they did..im in even more debt with the council tax, regarding the baliffs fees.

these councils should not treat people this way.

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honey

 

you really must stop thinking its pointless its not

you must get a breakdown of your charges from the bailiffs with dates for all accounts

you must also find out from the council the dates each liability order was sent to the bailiffs and the amounts

 

you have 3 levy fees did the bailiff levy the same goods 3 times

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honey

 

you really must stop thinking its pointless its not

you must get a breakdown of your charges from the bailiffs with dates for all accounts

you must also find out from the council the dates each liability order was sent to the bailiffs and the amounts

 

you have 3 levy fees did the bailiff levy the same goods 3 times

 

sorry hallowitch about the being pointless

they have really worn me down...and ive not been feeling well..

maybe it might be a good thing if i went to court, and put my thoughts across. and explain how hard it is to pay council tax and baliffs fees.

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Honey thats what they do they ware you down so you will just pay up

 

I can assure you it wont get to court the council wont take you to court because you are paying what you can and they can only take you to court if you wont pay

you must get the bailiffs fees sorted this will reduce your debt considerably

and why the hell should you work your a$$ off and do without to pay bailiffs fees that that they should not be charging

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Can someone please clarify the "PEACEFUL ENTRY"

Every post states

do not leave doors or windows open

Nothing i have read says locked

So

my question is

can a Bailiff gain peaceful entry if my door is closed but not locked?

im sick of locking my front door every time i walk in and out even to put the bin out.......

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Can someone please clarify the "PEACEFUL ENTRY"

Every post states

do not leave doors or windows open

Nothing i have read says locked

So

my question is

can a Bailiff gain peaceful entry if my door is closed but not locked?

I'm sick of locking my front door every time i walk in and out even to put the bin out.......

 

A bailiff can open an unlocked door and enter the property

He can also climb in an open window in both these situations it would be classed as peaceful entry

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Thanks

i thought so i will continue to lock myself in and out

 

could anyone clarify the licensing of immobilisers

does a bailiff have to hold the SIA licence

i am aware of the 80% workforce exemption rule.

I HAVE READ CONFLICTING QUOTES from not only these forums but from others also

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K3nny

The bailiff does not need a SIA license to clamp a car.

There are plans down the tracks for bailiffs to come under the same licensing provisions, but for the moment at least they need to be certificated by the County Court (there are other threads which explain how to look at the online register to check them out).

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I owe a large chunk of this years council tax. In September 2009, a liability order was granted against me, and I still owe £1180. I work for the same council that I pay tax to, and own my house - I am also struggling with mortgage arrears. The council have issued me with a notice of impending bankruptcy or bailiff action if I do not respond within 14 days.

I would like to make an arrangement to pay an affordable sum, but will they accept that with the new financial year about to begin? Can they attach my earnings, or order the sale of my house?

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The SIA website states there are no exemptions?????

i have just spoken to the SIA

They have confirmed the Person clamping the vehicle The person towing away the vehicle and charging a release fee must hold the relevant SIA licence..........

im sooooo confused

So the whole details are available for our learned friends i will describe the events

Equita Bailiffs attended my property 13th Jan (equita not approved OR licensed on sia for immobilisation)

They levied on a vehicle 13th Jan

they immobilisd the vehicle 13th jan by clamping it

they instructed a towing contractor on the 13th jan (Charles Taylor)(CERBERUS) (not approved for immobilisation on SIA but for 3 other services)

They removed the vehicle on the 13th

i was charged a release fee which i paid yesterday neither company will give me a reciept or breakdown of fees unless i write into them.and then it is only the bailiffs who have given me the option the towing company will not provide) i wanted a comparison to make sure that equita were not making a profit on the towing and storage.

 

So all in all a £35 ticket has cost me £670

excessive to say the least

i await a breakdown of the fees from Equita so i can question the High cost to original fine.

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K3NNY can i suggest you start your own thread on this Equita have been Rather naughty

have a read of this

In the Central London County Court - Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008

 

Mr Culligan challenged the bailiffs fees & charges imposed by Mr Simkin and Marstons when levying distress and seeking to remove Mr Culigans car for non-payment of a Penalty Charge Notice issued by the London Borough of Camden.

 

The Judgment goes a long way to clarify exactly what a Bailiff can charge for levying distress. Bailiffs have always sought to charge for fixing an immobilisation device by clamping a vehicle, and an attendance to remove. These charges in Anthony Culligan's case were £200 (£100 for the clamp and £100 for attendance to remove). The Bailiffs have argued that the Fee Regulations permit them to make a charge for levying distress (that is 28% on the first £200 demanded, and for removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges). Bailiffs have claimed that the costs of putting on a clamp, etc. are costs to be included in attending to remove where no goods are removed, if payment is made before the vehicle concerned is removed.

 

 

 

 

DJ Avent, after considering Case Law and Statute, has found that the purpose of putting on a clamp is to "impound" the vehicle and is not part of the costs of removal. This is because:-

 

1. The Bailiff's obligation is to secure the vehicle, and the simplest and easiest way to do this is to "immobilise" it so it cannot be driven away. This is effectively the equal of impounding the goods.

 

2. The Fee Regulations provide for a distinction between the levying of distress and removal of goods. There is a gap between the two stages. The purpose of this "gap" is to allow the debtor to make payment of what is due after the first stage.

 

DJ Avent says at paragraph 50 of his Judgment:-

 

"Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure. This being so I cannot see that Form 7 can or should include any costs of removal. Mr. Simkin included on the Form 7 he produced for Mr. Culligan the sum of £100 in respect of the immobilisation device. If, as the Defendants now argue, that was part of the removal expenses, it should never have been included in Form 7".

 

The District Judge went on to find that the application of the clamp falls within the act of levying distress and does not form part of the removal process, whatever the Bailiff's Contract with Camden says.

 

The Bailiff also charged Anthony Culligan £100 for the " reasonable costs " of removing the vehicle (although the vehicle was never actually removed) in that a tow truck was called and actually arrived at Anthony Culligan's home. Because the Bailiff produced no evidence as to how the charge had been arrived at he was unable to show that it was reasonable.

 

The District Judge in his conclusion says:

 

"I am also conscious that my findings in this case ... may have wider consequences and may cause problems for bailiffs because they will not be able to charge for immobilising a vehicle as a separate charge but must include it within the cost of levying distress. To do otherwise would, in my judgment, be unlawful... I would also add that if the Defendant or either of them in the light of this judgment now continued to apply such charges in the manner in which they have done up to now and, specifically, charge fees of £100 for applying an immobilisation device then that would amount to conduct which may well then found a legitimate complaint because in my judgment it would be unlawful....".

 

What this means in effect is that Bailiffs who continue to make unlawful charges may be guilty of misconduct and have their Certificates removed.

 

You should know however that Marstons obtained permission to appeal from the District Judge. His reasons for granting the permission were :

 

"The bailiff was following the practice in force for 15 years. No one has challenged the right to charge for wheelclamping before.

My decision that they cannot do so (at least to the extent that they have charged until now) not only affects the London Borough of Camden but also every Borough with de-criminalised parking.

 

Accordingly, it has significant local and possible National implications and that is a compelling reason why an appeal should be heard"

 

Finally, Camden now as a matter of urgency, need to revise their Contract with Bailiffs such as Marston, to take account of the District Judge's Judgment generally, and in particular to remove the authority to charge a fee for an immobilisation device over and above that provided for in the Statutory Fee Regulations.

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Hi thanks for the response

you either work for bailiffs advice online or like me have paid the £5 to access their downloads..... or have another source as you are so informative

i have just read this whole judement you so kindly pasted into the forum since my last post.

It does make very interesting reading.....

I know Equita have been naughty and they are still being naughty by not giving the appropriate notices and information required.

 

Not

only this but the bailiff (allegedly assaulted me) i say allegedly as the police are investigating BUT I WAS SHOVED FORCEBLY WITH 2 HANDS ON THE SNOW AND ICE.....................AND the bailiff ran toward me i ensured i kept a distance between myself and the bailiffs there were 2 of them......

to me this is assault and the law states it is assault,

you wouldnt believe the excuses the police came up with to excuse this assault for the bailiff "they were protecting the contents of the vehicle????????????? due force lmao............. by the way i called the police after the assault....... yet the 4 police count them 4 all went to the bailiff on arrival and told me to shut up when i approached to tell them i was the complainant ...........

the 4 officers told me it was their decision to decide whether an assault had taken place and no further action was neccessary...i had to instruct them it was not their decision but the duty sergeant and cps decision.

a quick phone call to the inspector changed that after i lodged a informal complaint there and then they started taking notes.

waffling on and this isnt constructive perhaps i should start a new thread.

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you either work for bailiffs advice online or like me have paid the £5 to access their downloads..... or have another source as you are so informative

 

I don't work for bailiffs advice but one of our regulars does and gives advice free on here i haven't paid to access there site

I new nothing about bailiffs when i joined this site about 14 months ago looking for advice for my daughter and decided to stay around to see if i could learn something to help others

 

perhaps i should start a new thread

I would say it would be a very good idea to start a new thread

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I was very scared when the bailiffs kept calling round..one even assaulted my son.

i paid the bailiffs some money, then i found this forum..and paid direct to the council,most of the money paid to bailiffs, is their fees.

i contacted the council and told them to stop sending their bullies round..i offered payments, but they were not interested..

i will still keep paying the council..

i really don't know how any of these people sleep at night.

 

you wont go to prison

They can only send you to prison if you wilfully refuse to pay

 

 

Hi Hallowitch, long time no speak, I hope you are well? May I ask do you have any knowledge on committal proceedings/culpable neglect? I have posted an new thread Help - Comittal Proceedings For Culpable Neglect! but I have not had any replies yet!

 

I know you are very knowledgable so thought I would ask!?? :-)

 

JQ

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These are the

Magistrates Court Fines

 

There is no proper regulation of these bailiffs’ charges, except that they be reasonable and not disproportionate to the size of the debt. The charges are agreed between the magistrates court and the bailiff.

  • 20% of first £100
  • 4% of the next £400
  • 2.5% of the next £1500
  • 1% of the next £8000
  • 0.25% of any additional sum

Payment Arrangements

 

The type of payment arrangement also depends upon the type of debt.

County Court Judgments

 

The debtor can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that the debtor can afford. The form lists details of their income, expenditure, debts, and should include an offer of payment.

The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court. There is a fee of £35.00. The debtor can apply for exemption from the fee if they are on Income Support, IBJSA, or Pension Credit. Others on a low income may get remission if their income is sufficiently low. Council Tax

The bailiff will normally want the debt cleared within 13 weeks. The bailiff may accept £5.00 per week off all outstanding accounts if there are special circumstances. Contact your local neighbourhood office for free further advice .

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I think it would be worth saying that the enforcement of Council Tax, and the charges that can be made, fall within the The Council Tax (Administration and Enforcement) Regulations 1992 - starting with the local authority applying for a liability order for unpaid council tax. There is actually a schedule of charges attached to this regulation (Schedule 5) and these specify the charges that can be made by bailiffs. The charges are precise under some headings but there are others where there is scope for overcharging. Formal appeals about the charges are made through the Magistrates Court. I don't entirely follow the last message as the County Court are not involved.

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Can any one help me i had a call off a baliff on the 2/2/2010 for council tax arrears that was paid off in full on the 1st of december 2009. the charges where for late payment of one months council tax in september 2009.

 

they said they have sent letters and been to our house 5 times but we have no evidence of these calls as no letters have been left.

 

they have taken a non walk in levy on a car which we dont even have and are demanding £217.00 for there charges even though there is no council tax oweing.

 

we have talked with the baliff regarding this and he has told us we have to pay or there will be more charges for every vist he makes. is there any thing we can do regarding this as we do not feel that we should pay as we have not had any notice of other vists and there is no outstanding council tax to be paid.

 

the bailiff also said that cos the bill is in my father inlaws name he can be arrested for non payment of council tax but the tax has been paid. we have contacted the head office of this bailiff but have not yet had a repliy. i dont see why we should pay the bailiff for somthing we do not owe.

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