Bailiffs clamp my partners car

[rainymaggot]

Hi,

i have a liability order with council tax and they got bailiffs involved. Bailiffs want full payment. I tried to reason with them. Ended up going to third party and going on a debt management plan because of this. I contacted bailiffs in april as third party told me to do but still say they have no recollection of that or that third party contacted them. (council say the same)

Basically bailiffs came out thurs and clamped my boyfriends car. Now the council tax is solely in my name and car is solely in his name. I want to know if they have any rights to do this? Council say bailiffs can and very nastily told me either they have £900 monday or they take the car. Neither of us are working and we have 4 children 2 of which are babies. We live in a remote area and need the car to take the kids to school and back as its 3 miles away and there is no public transport, also my partner has to go to the job centre every week. Surely we are classed as vunerable and the council and bailiffs are just bullying?

Can someone help solve this before monday?

They say they have the right to take the car as we are cohabiting, but when this bill came out it was because i was accussed of having my boyf living with me when he wasnt. They cant prove he was they just said we believe he is and left it at that. I wasnt prosecuted or anything or told i was guilty. Its all very complicated.

Edited June 27, 2009 by rainymaggot

[letsmakeamark]

Which bailiff co is it ? Not empire ?

[rainymaggot]

No a different one

Edited June 29, 2009 by rainymaggot

[letsmakeamark]

They can only take goods belonging to you. Your partner may want to warn them about a interpleader hearing.

[rainymaggot]

we contacted the council who say they can take it, we showed the bailiff the V5 but he said that as it is registered here he can take it. We contacted the police who said without a warrant he couldnt even take stuff of mine let alone my partners, but he didnt have a warrant and when i phoned around several courts they had not issued a warrant regarding me i wasnt on file....

[rainymaggot]

Do they have the right to take my partners car? We believe along with many others the council nor bailiffs have the right to take the car so are we within our rights to fight it out and take our car back which we believe was illegally clamped. I have NEVER refused to pay the bill i just couldnt pay the full amount.

Edited June 27, 2009 by rainymaggot

[ambershadow]

They can't take his car if the debt is in your name, I went through exactly the same thing with bailiffs for a different issue, I got the police who did a check on the car and it was my husbands not mine so they could not take the car...

They also can't or not supposed to clamp without offering you time to pay either, But many just take the law into their own hands and clamp anyway its there way of gtting the fees which are always over the top paid.

[letsmakeamark]

Make sure you do not give details that can be praced by the bailiff company as they have a habit of reading this forum and acting on any tip offs.

[ambershadow]

Bailiffs are in the know here that IT'S NOT AGAINST THE LAW FOR YOU NOT TO PAY THEM.

 

Pay direct to the council online if need be, and send in a payment plan and stick to it.. the council I mean too. If you don't let them in there's nothing they can do and they know it too

 

Ask the council what the liability amount is and pay that to tthem only

 

Please don't let them intimidate you

[rainymaggot]

Thanks for the replies, let me get this right...

1, They cannot take my partners car even if ordered to by the council??

2, i can pay the council direct and have nothing to do with the bailiffs even though the council say i cant pay them direct?

 

And also what can happen if my partners car has disappeared???

Edited June 29, 2009 by rainymaggot

[ambershadow]

I don't know about the car going missing LOL bUT as long as the clamps not damaged???????????????? not alot really

 

Do yourslef a repayment plan for th amount you owe to the council only not with the bailiffs fees stuck on ignore them.

Send to the council with payment and don't miss a payment if you can help it as this will eventually be handed back to council.

I had a bill of 4.000 and over 3 year's too and I pay 40.00 weekly and they excepted although they don't have too but if you continue to pay direct to the council they know you are willing to pay.

 

Its only against the law if yOU refuse to pay the council NOT THE bailiffs.

And the bailiffs know this too so don't worry to much get youself organised

I have put a letter here somewhere to help But you will have to search my posts for it. One goes to council and the other to bailiffs.

 

Just make sure when you go out all door's and windows ar locked as they can and will try to get in

[ambershadow]

Just print and fill in your details here

 

Send this one to the bailiffs with you filling in your details

 

re: YOUR ADDRESS

 

YOUR 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 or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, the law says I have to settle the debt; 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 receive a criminal record.

 

I AM NOT REFUSING TO PAY THIS DEBT.

 

Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox and quietly leave the property. If your fees are found to contradict Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 I will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud me under Sections 2 and 4 of the Fraud Act 2006.

 

This document was sent to you recorded delivery to the above address and a copy was sent to HEAD OF council tax Recovery Dept.

 

Please also supply me with a breakdown of the fee's you have charged me

 

 

Yours Faithfully

 

 

 

 

AND THIS ONE obviously fill in your details to the council and enclose a payment plan that you can afford for the ct you owe

 

Re: your details

On DATE I was visited by your bailiff collecting unpaid council tax who overcharged me with his fees. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature. I also received a letter stating I should pay WHAT THEY ASKED YOU per month to clear the debt which is unrealistic with my present financial state.

 

I now ask the council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay Your payment extra of what I pay already a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in fourteen days from the date of this letter.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of Your payment each week for 249 weekly installments with a final installment of Your payment This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of Recorded post in the meaning of Section 7 of the Interpretation Act 1978, Please pass this to the relevent person within your organisation.

[ambershadow]

One other thing I FORGOT to mention NEVER sign anything to the Bailiffs Just print

[rainymaggot]

Thank you amber,

i will sort the letters out asap over the weekend. My third party has offered to pay bailiffs £50 a month so i shall pay that plus £40on top to council.

The clamp has disappeared and we believe the bailiffs came back when we were out and took it off as the council said on thurs they were putting it on hold.... Never heard anything that day again so we assume the bailiffs took it off/?????

[ambershadow]

If you are paying the council you don't have to pay the bailiifs, Don't let them take you for a ride they do too much of that.

 

All bailiffs depend on you NOT knowing the law and they work on that and intimidate you so you pay their over the top fees

 

 

Just send letter's and pay all liability order to the council and ask them how much the order is for not the bailiff fees

[Guest Happy Contrails]

Hi,

i have a liability order with council tax and they got bailiffs involved. Bailiffs want full payment. I tried to reason with them. Ended up going to third party and going on a debt management plan because of this. I contacted bailiffs in april as third party told me to do but still say they have no recollection of that or that third party contacted them. (council say the same)

Basically bailiffs came out thurs and clamped my boyfriends car. Now the council tax is solely in my name and car is solely in his name.

 

They cannot clamp the car, it doesn not belong to you and your boyfriend is entitled to claim damages for deprivation from its use.

 

The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car - Culligan -v- Marston Group Ltd et-al, no. 8CL51015.

 

I want to know if they have any rights to do this?

 

None. Just tell the bailiff the car doesnt belong to you and your boyfriend sends a bill for alternative transports costs and damage to the his car from having a wheel-clamp fixed to it.

 

Council say bailiffs can and very nastily told me either they have £900 monday or they take the car. Neither of us are working and we have 4 children 2 of which are babies. We live in a remote area and need the car to take the kids to school and back as its 3 miles away and there is no public transport, also my partner has to go to the job centre every week. Surely we are classed as vunerable and the council and bailiffs are just bullying?

 

You could well be classed vulnerable persons for the purpose of civil enfrorcement. More: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

 

Can someone help solve this before monday?

They say they have the right to take the car as we are cohabiting, but when this bill came out it was because i was accussed of having my boyf living with me when he wasnt. They cant prove he was they just said we believe he is and left it at that. I wasnt prosecuted or anything or told i was guilty. Its all very complicated.

 

You have not been convicted of anything but your comments indicate you did not receive any notification of the Councils intention to apply for a Liability Order. If so then the council has failed to comply with the law setting out the procedures for council tax enforcement. You can make a complaint addressed to the Local Government Ombudsman.

[rainymaggot]

to be honest it was for last year and i was accussed of benefit fraud as they said my partner was living with me when he wasnt. I was heavily pregnant with 3 other children too so when they said we believe your partners living with you i left it, stupid of me i know but i was suffering from bad depression. I can provide an address for where he was living at the time but they are not interested.

So monday when they come out to take the car (my partners car) what can they do? Can they call the police?

Edited June 27, 2009 by rainymaggot

[Guest Happy Contrails]

I am not sure how saying your partner is living with you is interpreted to be committing benefit fraud. Speak to an expert on prescribed benefits.

 

Are you saying your partner has taken his car? if he is the lawful owner then he is entitled to take it and the police wont get involved. If they do get involved, the Officers would only be incriminating themselves by harbouring and assisting a offender trying to commit theft of a motor vehicle - an offence under Section 4 of the Criminal Law Act 1967. Your partner would have plenty of recourse with the IPCC so the police would be best not get involved. As the police say - its a civil matter.

[rainymaggot]

So they can definitely NOT take his car, even if we are living together?

[rainymaggot]

Also where or who can i get written proof he cant take my partners car? As we showed him the V5 document and he said we are cohabiting so whatever is my partners is mine!!!!! I told him i wanted proof and he said he didnt need any. I either let him clamp or sign a walking possession, which i did not sign anything at all!!! as i would be signing my partners car over i think...

 

so i need proof when he comes back monday

Edited June 29, 2009 by rainymaggot

[Guest Happy Contrails]

Also where or who can i get written proof he cant take the car? As we showed him the V5 document and he said we are cohabiting so whatever is my partners is mine!!!!! I told him i wanted proof and he said he didnt need any. I either let him clamp or sign a walking possession, which i did not sign anything at all!!! as i would be signing the car over i think...

 

so i need proof when he comes back monday

 

The bailiff is misrepresenting his powers by trying to enforce an unlawful levy. The only document you need to show the bailiff is this one, a Form 4 - and send it to the court that issued his bailiffs certificate.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for trying to enforce an invalid levy and misrepresenting his powers. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate.

 

This is what happens to a bailiff when he appears before the judge following a Form 4 complaint for misrerpresenting his powers by trying to enforce an invalid levy.

[ambershadow]

The bailiff is misrepresenting his powers by trying to enforce an unlawful levy. The only document you need to show the bailiff is this one, a Form 4 - and send it to the court that issued his bailiffs certificate.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for trying to enforce an invalid levy and misrepresenting his powers. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate.

 

This is what happens to a bailiff when he appears before the judge following a Form 4 complaint for misrerpresenting his powers by trying to enforce an invalid levy.

 

 

 

 

 

You need to do exactly this whats here, he can't take your car or your partner's, and all the tijme you keep trying to do a deal with him he wil make thngs worse.

 

Don't sign anything either or open the door to him if the car is not yours then he cant take it. or you could do a declaration saying its not yours and get it signed by a solicitor which will be 5.00 for them to sign

 

 

These people make our life hell and they can not be allowed to do what they are to us:D

[rainymaggot]

Thanks for all the help, today is the day of reckoning so wish me luck and ill let you know what occurs

[Guest Happy Contrails]

He probably wont turn up.

 

Just file that Form 4 at court and give him a copy if he does show.

[rainymaggot]

police are on there way to arrest me for 1 criminal damage and 2 theft of a motor vehicle!!!!! I have videoed everything and ITS NOT MY CAR