Baliffs who are the council CAN IT BE? with High Charges

[soslasthope]

Hi All

today a Bailiff had called leaving a letter saying a Liability Order had been sent to me in September 2010 which I DID NOT RECIEVE. The letter is headed name of County Council but is signed by A bailiff. I called the council as the bailiffs letter says that if I do not respond within 24 hours they will issue a summons to commit me to prison for non payment. They Gentleman in the Revenues Department said I would have to speak to the Bailiffs I said the Bailiffs are based in your Offices Oh well yes but they have nothing to do with us he says. to cut a long sorry short I find out that I only owed £64.33 relating to 12.7.2007 but with costs this amount has shot up to £279.04. My questions are

1: The Bailiffs seem to be the County Council if that is the case can they charge these charges

2: What charges are they Legally able to charge if any as they are the Council?. How much can they charge for the Liability Order which when I asked for a copy they are unable to produce niether can the court involved.

I was also told that I could not pay the council direct I have to pay the Bailiff by ringing a mobile who will call again and collect the Cheque. ANOTHER CHARGE I SUPPOSE!!!. I am on Incapacitiy Benefit and have just had an operation and suffer from depression am I classed as "Vunerable" if so what can I do? Thanks

Edited February 12, 2011 by soslasthope

[hallowitch]

I find out that I only owed £34.33 relating to 12.7.2007 but with costs this amount has shot up to £281.04. My questions are

 

1: The Bailiffs seem to be the County Council if that is the case can they charge these charges

 

phone your council again and ask the outstanding amount of the liability order ask if court /amin costs are factored into this (if not ask the amount of these costs)

add £24.50 first visit fee and that all you should owe if the bailiff comes again it will cost you £18

[soslasthope]

Thanks for your reply have called council and they say that the costs are as follows: For a prev Liabilty Order that was sent for the same amount can this be?

Edited February 12, 2011 by soslasthope

[Surfer01]

Please refrain from using capitals. Can you tell us the amount of the liability order and whether you had received any previous correspoondence on this?

[Thegreenpimpernel]

First: "they will issue a summons to commit me to prison for non payment"

 

No they will not. They may issue a summons to a committal hearing, where you would be ordered by a magistrate NOT the council, to pay the amount you owe under threat of imprisonment.

To put this threat in context, i refer you to the various contributers to this site who are dealing with arrears of thousands spread over several years council tax.

 

"1)The Bailiffs seem to be the County Council if that is the case can they charge these charges"

 

They are classed as one and the same. The council, referred to as the "authority" in the regs, can employ their own staff, as in your case. Or hire a private certified bailiff who is in effect a subcontractor. The legitimate fees are the same regardless.

 

I'm struggling to understand the reference to another liability order for the same amount? An unlikely coincidence.

 

Assuming there is £xxxx CT owing, i would assume between £40 - £100 for the liability order, lets call it £100 total.

 

Then assuming they have visited twice, you would owe an extra £24.50 first visit, £18.00 second visit, so about £143 total owing.

 

This is assuming they have not levied on a car.

 

Do you have a car?

 

Are you registered disabled?

Edited February 12, 2011 by Thegreenpimpernel

[Thegreenpimpernel]

You can pay most councils direct online, whether they like it or not.

 

You need to find the 'Pay online' page on their website, then enter your CT account number and card details. ALWAYS save or print the payment confirmation.

[soslasthope]

If I did have a car it would not be in somebody elses name am I right in saying that they would be unable to levey on the car in this case Thanks

 

Sorry for the large print thought it would be easier

Edited February 12, 2011 by soslasthope

[Thegreenpimpernel]

If you own the car, then yes they can levy on it regardless of who the registered keeper is.......

 

However, if it is parked a good distance away i don't see how they identify it as yours.(given that it is registered to someone else, somewhere else)

 

QUESTION: Does anyone know if a DVLA check is done on a person, or an address?

 

If the answer to the above question is that bailiffs can check cars registered to an address, then i need to ask whether your car is registered to your addresses - regardless of whose name it is in.

Edited February 12, 2011 by Thegreenpimpernel

[soslasthope]

Hi No the car is not registered at my address However if they have put a levy on the car would they have not left details through the letter box or will the case be that they would turn up at a later date and clamp or tow the car away interested to no now.

 

I would also say that if they check re address through the DVLA most households have several cars these days and if they are in different names they would not be able to levy on car that is not in the name that the Liability order is in surly

Edited February 11, 2011 by soslasthope

[Thegreenpimpernel]

"would they have not left details through the letter box"

 

They should, but often don't - then just say they did.

 

"most households have several cars these days and if they are in different names they would not be able to levyon car that is not in the name that the Liability order is in surly?"

 

They just do. They are allowed to assume that goods at the address belong to the debtor, then the onus falls on the actual owner to prove otherwise.

 

In your case, just suppose they have levied on it. If it wasn't there when they came back. They would no doubt assume after a DVLA check, that they had levied a visitors car, since it is registered to another name and adress. I'm sure they would give up on the car.

Edited February 12, 2011 by Thegreenpimpernel

[soslasthope]

Hi Have taken your advise. Thanks for your replies this forum is so so great Everybody so helpfull and knowledgable.

So if the keeper of the vehicle is the name on the Liabilty Order But is NOT the owner and this could be proved then they could not Levy on the vehicle

 

Do Bailiffs work over Weekends does anybody No

 

If a Liability Order has been issued including costs if you pay what Council Tax is owed and do not pay the Bailiffs charges can they still LEVY on goods and vehicles for the Bailiffs charges and Liabilty order costs Does any one know please

 

Thanks

Edited February 12, 2011 by soslasthope
forgot to add

[soslasthope]

Do bailiffs work over a weekend does anybody no please thanks

[brassnecked]

Do bailiffs work over a weekend does anybody no please thanks

 

They could well turn up on a Saturday, up to 9 pm but not a Sunday or bank holiday. Others can be more precise.