can bailiff take car?

[wildrob]

jop

Edited November 4, 2009 by wildrob

[Voxter]

as long as you paid all the c tax & it went towards the correct year & the court costs were paid then no he cant remove for the fees only.

 

How did u know which county court he was certificared at ?

[tomtubby]

IF he levied on your vehicle....then he is entitled to a levy bt he will NOT be entitled to an "attending to levy" fee.

 

A bailiff collecting council tax may only make TWO visit charges. The first one £24.50 and the second fee at £18.00

 

IF a levy was made on your vehicle you need to ask for PROOF by way of the screen shot of your account.

 

Can you also contact the council to ask for confirmation of the amount of the Liability Order.

[wildrob]

rob

Edited November 4, 2009 by wildrob

[tomtubby]

Check the amount of the Liability Order. Which company is this.

 

We have a database of all bailiffs in the country and many bailiffs are not certificated in a local courts. There are 64 issuing courts for them to get certificated in.

[wildrob]

Hi tomtubby

 

i paid the liability order off, after the bailiff had put a levy on the car, and charged my £192 for the visit.

i have asked the bailiff for proof of visits.

 

i went to the county court and found out the one was a cetificated bailiff the other was not.

 

and the bailiffs can still take my car?

[chris600uk]

Lovely!! Not if you can prove you've paid the liability order.

 

All you have to do now is sort out what you owe the Bailiffs.

 

Which one didn't have a cert. Don't post his name, I mean, what work did he charge for?

[Voxter]

Hi tomtubby

 

i paid the liability order off, after the bailiff had put a levy on the car, and charged my £192 for the visit.

i have asked the bailiff for proof of visits.

 

i went to the county court and found out the one was a cetificated bailiff the other was not.

 

and the bailiffs can still take my car?

 

as my post above mate. if you have satisfied the liability order & the amount did not go to any other years then the bailiff cannot remove goods for fees only.

[wildrob]

hi

the order was for this years council tax, i paid it online.

two bailiffs turned up both times, i was levyed £192 on 1st visit, but both claimed had been here 3 times before, i asked for full names, was only given surnames, then i went to the county court and made a compaint.

i was told the court only has 1 of the names on it list.

 

is there a case law or proof anywhere which i can use to stop them removing my car?

 

i have written to bailiffs saying that i need the car as i work in the community and support disabled people, ie( shopping, doctors, trips out)

 

cheers

rob

[KJD]

Hi Rob,

 

Is there any news on this? Did they turn up with their tow truck? Any response by them or the council?

 

K

[wildrob]

bailiffs arrived on 22nd, and have not had a visit since, i have had a couple of bog standard letters asking me to pay £196.

council have written to me taking me that my letter has been passed to the legal dept.

i filled a compaint with the county court on the 24th about the bailiff no ans yet!!

i also emailed the council asking for proof the the bailiffs did attend on the dates said, this has been followed to bailiff still no ans.

can the bailiff drive pass and charge you for a visit?

i was home on all 3 dates.

 

cheers

rob

[wildrob]

what proof do i need to ask for, as the bailiff have given times and dates of visits.

now on all 3 visit i was home, no letters though the door or knocks on door.

i have paid the council tax online.

where do i stand as to the bailiffs fees?

£192 fee for a 2min chat.

same van came the 2nd time.

the bailiffs have a levy on my car, i paid the council tax can my car still be taken?

i also pointed out to the bailiff that has money is a civil debt, take me to court.

letter given to bailiff pointing this out and asking him to leave quietly.

 

cheers

rob

[Guest BURP]

The law only allows a council tax bailiff to charge for a maximum of two visits at £24.50 and £18.00. If you have paid the council direct and discharged the liability order then get it in writing from the council and keep it safe incase a bailiff tries to levy on your car. Bailiffs cant enforce for his fees alone. Short of taking your car on holiday to France hoping it breaks down the bailiff could try lifiting it in your absence. Make it safe until the bailiff is aware the liability is nullified.

[wildrob]

hi burp

 

the bailiff knows that the council have been paid, they came here for they fees, and i said that i paid them, i quote, we know you paid the council, we went our fees, £192. and still said they could take my car because of the levy. and claimed to phone a toll truck.

letter giving to them, no 3. i pointed out to them its a civil debt! ( yes or no)

i have also had letters sent to them by laywers, myself.

and hopefully the courts, compliant sent to count court and accepted.

 

what else can i do.

i will not give this up, 1st visit i was charged £192, and still no proof of visits.

 

cheers

rob

[Guest BURP]

The law prescribing bailiffs fees for collecting unpiad council tax is Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. The visit fees are £24.50 and £18.00 and if a levy is made but no goods moved then its just a flat rate of £10, total fees £61.68 inc VAT. Where is the remaining £130.32 come from? It looks like he is trying to con you. Its a criminal offence, so send a windup letter to the bailiffs and if you get no positive responce then Form 4 him for fraud. Also report him to police, that'll keep him busy for the moment but he'll probably be released without charge after questioning under caution.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Opportunity to refund and compensate for fee error

 

I write following visits by your bailiff, however there appears to be an irregularity with your fees and I ask you to provide the following within fourteen (14) days:

 

a) The name of the certificating court and certificate number for the bailiff in charge

 

b) Written confirmation of your fees and charges

 

c) Truthfully confirm in writing they are lawful according to prescribed legislation

 

d) The name and address of the person or body you act for

 

If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

Letter to Police

 

To whom it may concern

Name of Police Station

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting offences committed under the Fraud Act

 

I was visited by [NAME OF BAILIFF(S)] of on [DATE] enforcing payment of unpaid council tax. I Have been defrauded by the bailiff because he overcharged me in fees contrary to Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992.

 

I also confirm there is no current lawful debt which the bailiff it trying to recover and it had been previously settled with the council. I was charged £192 for in fees and I understand the law only provides a maximum of £61.68 inc VAT and the bailiff is trying to charge £192.

 

I asked the bailiff to put things right but they failed to do so. Their receipt indicates the bailiff or his firm is routinely and systematically defrauding debtors in this way believing the general public are less-informed of the law that prescribes bailiffs fees. He also makes repeed threats of stealing my car when there is no money due.

 

I understand it is a criminal offence under sections 2 and 4 of the Fraud Act 2006 to make a gain or obtain a money transfer in this way or by misuse of his position. I therefore ask the criminal element of this matter is fully investigated objectively and professionally and I have enclosed relevant documentation to satisfy the criteria for the CPS to start criminal proceedings. I am happy to stand as a prosecution witness and provide a statement, please let me know if you need further information.

 

Meanwhile please provide me with the crime number.

 

Yours Faithfully

 

 

YOUR NAME

Enc: Copy of bailiff receipt

[wildrob]

Hi BURP

 

the extre costs is for the van, he says he has been here 4 times, the fourth time he charged me £192, i asked for copys of letters put though my door, still waiting, both visits by bailiff have been in same van?

the sencond visit was worst, turned up on my 40th b-day, a told me if i cant pay we will call a toll truck, not sure if bailiff knew it was my 40th.

 

i went to county court and filled in a compaint, about him and his mate making threats and bully people.

 

he has been informed that i need my car for work, as i work in the community going from place to place, taking the clients out, shopping, doctors, etc.

 

cheers

rob

[chris600uk]

They can come every day in an Abrams Tank if they want to; they just can't charge you for it.

 

Have you sent Burps letters?

[Guest BURP]

I’ll second what Chris is saying, unless a bailiff shows a rental receipt for hiring a vehicle for moving your goods there are no reasonable costs. A bailiff turning up in a van changes nothing because he could have used a car. Selecting a transport that artificially inflates his fees is vexatious.

[wildrob]

thanks guys

i will posted both letters off.

would like to see their faces.

i also had a chat to the local police and they are aware of the problem, and will come and support me if needs be.

 

cheers

rpb

[Guest BURP]

Communicate with police in writing until after they have questioned the bailiff under caution. They might be trying to placate you.

[bobcatman]

watching with interest

[wildrob]

hi all

 

i had a letter back from the council,

it says the following, having looked at the bailiffs notes and respones to your emails and letters, the council is satisfied that bailiffs have acted in accordance with the relevent legisation.

also if i could supply futher details of your grievance and the figure quoted in your letter.

it also said, please accept my apologies for any delay in contacing you lol.

 

ok i am still waiting for the county court, as i complaned about the bailiff to them.

we are talking about £192 bailiffs cost, ( this is a civil debt now?)the last visit was on my 40th brithday, and no id, 1 lefted it in the van, and when i said i could not afford it, was told toil truck is on its way.

as yet no answer from bailiffs, i also asked for proof of visit from the council and bailiffs. i now also would like the details of vehicle used on each visit any ideas how i do this without giving my hand away?

 

this is the letter i sent to the council

 

I have had an opportunity to seek advice and I write on the understanding that case law rules an authority is liable for its bailiffs I now ask within fourteen (14) days the council unconditionally pays me £1500 for

a) Discovery of information and researching the legal background to the case

b) Administrative work with other authorities

c) Receiving your bailiff who fails to comply with the law by threaten to take a motor vehicle needed in the ordinary course of my business.

For the avoidance of doubt, if you fail to furnish me with above I will consider this to be your final resolution and I will not enter further correspondence with you. I will automatically file a claim with the Local Government Ombudsman, and the fos.

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978 and therefore it is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

this letter was sent on the 24th oct.

cheers

rob

Edited November 11, 2008 by wildrob

[Guest BURP]

The council does not accept the grounds of your complaint. You can now escalate your complaint to the Local Government Ombudsman because the bailiff failed to comply with Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 when setting his fees. The maximum prescribed is £61.68 assuming both visits are bona fide and the bailiff charged £192. No goods have been moved so its not relevant what transport the bailiff used when visiting you. You can ask the Ombudsman for compensation for your trouble of having to bring this matter to their attention

[wildrob]

bailiffs used a white van on both visits.

local govenment ombusman is my next move.

because i paid the liability order and the bailiffs know this, can they still take my car?

i spoke to the bailiff on the 22nd, and he knew i paid the council tax, and said he was here for his fees, and could still take my car?

i told him to take me to court as its a civil matter!! was i right?

 

rob

[Guest BURP]

No he cant take your car if the liability order is satisfied. You want to add that to your form 4 complaint especially if the bailiff acknowledged your liability is discharged. Yes you are right, his fees is a civil matter. He needs to apply for a CCJ to recover them.