Andrew James Enforcement - CTAX debt

[wildrob]

ok thanks for that.

i have asked for proof of the last 3 visits and have yet to provide this, i also asked for the names of people who visited as thats the same.

[chris600uk]

There's no more you can do until you hear from them.

 

They might come calling but you can politely tell them to F Off.

 

Make sure you've got a copy of the payment to the council handy.

[wildrob]

hi chris

 

i have printed off the letter which says ive paid £329 from the council website, got it x4

 

i also printed the one which says that ive paid the paid and please leave.

 

the council says that andrew james is a certificated bailiff, but oft dont know them??

 

funny thing is that every time the bailiffs have supposed to visit im at home, with car outside, and ive missed them???

i can offer rotas etc showing i was not working etc.

 

washing my hair is a funny thing, but if someone knocks my door i will answer, and why not!!!

 

cheers

rob

[wildrob]

hi all

 

bailiffs said thier would be here on mon to remove my car, so far no-one has turned up, damn

 

i have paid the magistrates liability order, its just the bailiffs cost to pay.

 

right there is a levy on my car, can the bailiff remove the car, now the order has been paid? can find anywhere where advice is given after order has been paid

i have paperwork ready for the bailiff to prove that payment has been paid

 

cheers

rob

[chris600uk]

there is a levy on my car, can the bailiff remove the car, now the order has been paid?

 

 

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—

 

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

 

Although they have theoretically seized the goods by making a levy, the purpose of the action has been fulfilled and the debt to the client (council) has been collected by the council.

 

So no, there is as far as I can see nothing that they can legally do.

 

However you must email them and write recorded telling them that this is the case, because although they aren't entitled to chase their fees as bailiffs because the liability order has been satisfied, they will still be owed money, and can pursue you through the small claims court - provided they have acted lawfully throughout.

[wildrob]

bailiffs turned up, and will return with toll truck!!!!

i told them i paid the council, it there bill now, and he coming back with truck.

going to move car and seek advice

help!!

seek advice the courts was a waste of time, coucnil dont care,

i am willing to pay over 10 months but bailiff wont listen

magistrates liability order was paid, but can the bailiff any his cost onto it?

Edited October 22, 2008 by wildrob

[berrylover]

Don't panic. Hide the car. Take it away somewhere. They cannot take it, you have paid. Do not sign anything, do not let them in your house for any reason. If they keep on at you, or threaten to phone the police then say "Go ahead". Keep calm.

[wildrob]

i have sent them a letter offer £10 per month, and also told them i work part time, am a student, and my work is with disabled people living in the community and i go to several homes a day.

also sent a copy of letter to my lawyers, who also wrote to them saying the same.

just waiting for the toll truck to turn up now lol

 

can they take my car, for bailiffs costs????

[chris600uk]

i have sent them a letter offer £10 per month, and also told them i work part time, am a student, and my work is with disabled people living in the community and i go to several homes a day.

also sent a copy of letter to my lawyers, who also wrote to them saying the same.

just waiting for the toll truck to turn up now lol

 

can they take my car, for bailiffs costs????

 

You mean to pay their costs? No, no, no, you must not do that, until they have proved that their costs are lawful.

 

I take it they haven't sent you the details of the bailiffs who called at your address - so you need to chase them over that,

I'll put up a template you can use in a bit, and see what you think of it.

[chris600uk]

xxxx October 2008

 

Re: xxxxxxx Client reference xxxxxxxx 
Please understand that I am fully aware of my rights and you will not

gain peaceful entry to my home under any circumstances to levy goods.

I know the fees allowed under statute and when these fees can be applied.

 

Dear Sir/madam,

 

I have previously requested details of the bailiffs that have attended my property and proof of the visits they have made - to date I have not received this information - If you do not provide it within the next 7 days I will have no alternative but to make a complaint to the Magistrates Court under regulation 46.

 

I have now paid the council in full, and have satisfied the liability order, which as you know means that you no longer have the right to attend my property to seize goods.

If you do, you may be liable for charges of Harassment and if the bailiff is demanding fees for work that you have no legal right to do - as you know, this is an offence under Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006, and grounds for a complaint to the County Court under the Distress for Rent Rules 1988 (also known as a Form 4 complaint).

 

 

This account is closed and I expect NO FURTHER ACTION to be taken.

I will pay any fees owing to you, but will only do this when I have recieved and had time to have checked a full breakdown of charges, including what the fee consists of (showing appropriate receipts if applicable), when they visited, the vehicle used, the name of the certified bailiff and the court at which he was certified, otherwise I am entitled to refuse to pay the fees.

 

If I do not receive the information that I have asked for by return of post or by electronic mail at xxxxxxxxx@xxxxxxxx.com I will make a complaint to xxxxxxxx City Council and a regulation 46 complaint to the Magistrates Court which issued the liability order.

 

I am sending a copy of this letter to xxxxxxx City Council

 

To reduce costs to you and to make it easier to respond to my request, I will accept contact by electronic mail at the email address shown above.

You will receive a hard copy of this message by recorded delivery.

 

Yours faithfully,

 

Now what you do is this:

 

First email it to the bailiffs

 

Then email a copy to the council tax office

 

Then find the email address of the head of the council tax, revenues, etc and send him/her a copy.

Edited October 22, 2008 by chris600uk
letters always need editing

[wildrob]

hi chris

thanks for your message.

 

i got both bailiffs surnames, not full, i also ask if both of them was certafiled? yes to this.

i then give then this letter

 

Neath and port Talbot Council appears to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice that you are not being given peaceful entry to my home, levy goods contained therein and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee and any other fee relating to the handling of goods or entering a property.

 

The debt has already been settle direct with the council and proof is herby annexed.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property or decline payment of your bailiff’s fees. The law says I have to settle the original debt but it does not obligate me to do business with you. If you suggest to me otherwise I will automatically report you to the police and you may face a criminal record.

 

Meanwhile please provide a detailed written breakdown of your fees & charges you demanded and put it through the letterbox, then quietly leave the property.

 

This document was passed to you by hand, and a photograph using a mobile phone has just been taken showing you standing outside the above address reading it.

he replyed are you going to pay the full amount now £192 bailiffs cost, when i said i could not afford to.

he said that he will phone for a toll truck and remove my car, to which i replyed that your debt is a civil debt go to court.

again he said that the toll truck will be here soon!!!!

he offered me a romoval notice, i shut the door and then moved my car lol

i was shaking like a leaf

can the bailiff remove my car?

 

 

 

[chris600uk]

Sounds like one of fairplays letters, well I'd morph them, using the best of both - you really want to make em understand that you won't let this go.

 

They've got certificates - good. So they won't want to lose them, will they:cool:

[wildrob]

i have complained to council, the courts were useless, solicitors letter was sent to them, will speak to the financial ombudsman tomorrow.

i under stand that andrew james will then be charge £450 because of my compliant.

[chris600uk]

Dealing with bailiffs is a marathon, you have to become a complete pain in the arse and complain to everyone, over and over and over again.

 

That's why I finish each post the same way - because it works.

 

Don't expect an ombudsman to solve it, that'll take forever.

 

Simply take one of your complaints and start the complaints process from scratch - then another one, and another one.

 

They couldn't care less really - unless it starts to take time to deal with - and time costs money, which is what will make them care about it.

[wildrob]

hi chris

 

i will carry on will the ombudsman, because it will cost andrew james money.

i will also speak to my mp, local counciller, the council, and anyone who will listen.

what they have done is unfair, bulling, stressfull and more.

however i cant afford to lose my car, car taken away i lose my job, house everything.

 

cheers rob

[chris600uk]

That's it! Don't give up any avenue - I didnt mean don't do the ombudsman, just don't rely on that alone

[wildrob]

i wont give up, but no-one has answer my main question!!!!!

can the bailiff take my car to cover his cost after the order was paid?

 

i have already lined up a few people in power to speak to the council, how can the council allow a company that it uses to bully and threaten people.

[chris600uk]

No I don't beleive they can, but that doesn't mean they won't - don't park the car near the house while there's any doubt.but if you are in any doubt and you need a definitive answer, then you really need to speak to tomtubby at her business - she battles with bailiffs for a living. if you google bailiffadviceonline - I can't post the actual address because of site rules - and contact her that way you'll get a quick answer.

[chris600uk]

how can the council allow a company that it uses to bully and threaten people.

 

 

Because someone or several in the council is/are getting some benefit from the activities of the firm that's doing it - it's the real world of politics, and it's always been that way. These days we use words like corporate hospitality........ I think you get the point.

[berrylover]

Have you got somewhere else where you can park your car safely away from your house? Has a friend got a garage you can use until this is settled to keep the car in? They shouldn't be able to take your car, but that doesn't mean that they won't.

[wildrob]

hi

sorry i dont have anywhere to park.

but filed paperwork with county court about both bailiffs, the court has only one name.

so i will have to go to county court

i also put another letter into the council, asking them to pay £1500 for the time ive spent, and talking to bailiffs lol.

ok what paperwork will i need, i have letters for bailiffs and council, and a letter from my solictors to bailiff, i have been told bailiffs replyed with fax showing their costs!!!

[spj]

Sorry posted in wrong thread - deleted :-/

[boyyobhoy]

Andrew James popped a letter thru my door reading, FINAL NOTICE full payment required.For what,in March we got a ticket parked outside our own door,we appealed by letter, heard nothing.Then on 31/10/2011 we get said letter.Now,they are by law supposed to send out a "green notification letter"and a further 2 to 4 weeks later send out an amber notification letter,the hand delivered letter as the final notice,that was the first and only correspondence we had from anybody.I have taken my complaint up with my local councilor vie E-mail,(all on local gov website.)this company is a representative of the council,they should know just how these people are operating and cancel the contract.They are habitually incompetent,and deceitful in their operations,if no joy within a couple of months,its my right to contact Local Government ombudsman with complaint as to how this company operate..soon sort these people out,Aim to get their contract cancelled,their licence is up in 2013,I aim to object to their licence.