council tax? baliffs

[tracey jane]

i have been paying council tax £30 a wk to council then out the blue two baliffs turn up.

he sat in his car to fill out forms, 1 was debit forn, other was notice of seizure of goods and inventry.

 

the second baliff went to shops to buy drinks.

 

i told him house and contents belong to official recievers as partner went bankrupt.

and hasnt been signed off from bancrupsy,

 

i now have a

walking possession fee £12

vehicle fee £100 not sure what this is

redemption fee £24.50

levy charge £56

 

the baliff didnt enter property but has written on form,( all detainable goods) in inventry

also gold chain i was wearing at time.

 

i now have to pay balifs £30 p wk instead of council i was told to cancel direct debits and pay them every wk instead.

 

is this normal ?

[ims21]

Thread moved to Bailiff forum

[dx100uk]

no ignore them

 

pay them nothing you've been spoofed...

 

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

 

you need to do these two things:

 

start by sending this to the bailiff co. it can done by e-mail also send it to the council this will tell us when the fees were added

From:

My Name

My Address

To:

Acme bailiff Co

bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

 

 

Also always advisable to ask the Council.

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

 

dx

[hallowitch]

hi welcome to CAG

 

is this numpty certificated

 

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search=

 

as a certificated bailiff he will be well aware that his notice of seizure is unlawful

to levy goods in a property the bailiff must enter the property and list the goods (as for the gold chain is it similar to the ones MrT wares no i thought not)

van fee and redemption of good fee cant be charged at this stage of enforcement

 

can you tell us the council and bailiff firm

 

personally i would cancel the debit form as you have no idea how much the bailiff will take frm your account

[tracey jane]

fenland district council cambridgeshire, and baliffs are constant & co, 163 queensway bletchley, mk2 2dz

[hallowitch]

OK you start as you mean to go on Formal complain to Paul Medd CEO of your council (this can be done by e-mail) if you can attach a copy of the notice of seizure

 

Inform him that you have been paying £30 week to the authority for council tax debt never missed a payment been paying for xx amount of time

you now have had a bailiff visit the bailiff is either unaware or chose to ignore statutory legislation regulation 45(b) schedule 5 charges connected with distress of The council Tax(Administration and enforcement ) regulations 1992(amended) as he has charged van fees and redemption of goods fee on the same day as the levy fee

 

Inform him he never entered you home simply wrote ,( all detainable goods) this making the levy unlawful

tell him you want your complaint dealt with by the authority and not the bailiff company

you want the account brought back to local authority administration until your formal complaint is dealt with

you will continue to pay the council £30 per week

you want all bailiff fees removed

 

 

 

how much did he put as outstanding to the council would need to know this to see if levy fee is correct (you should also find out from the council the outstanding balance that was passed to the bailiff firm )

did you sign the notice of seizure

did you check to see if he is certificated to the firm he is employed by

[tracey jane]

I signed notice of seizure on the street as he sat in car

done check on his name he does work for them.

 

I owe £1119.25 this years council tax bill

 

it now says I owe £1311.75 this is on their paperwork left today.

 

But on my council tax bill original one it started at £1049.25.

 

He stated I had to cancel direct debit to council if not I will be paying twice

 

he had anouther man with him he didn't even give a name.

 

He was the one who went off to shop up road

[brassnecked]

I signed notice of seizure26 on the street as he sat in car done check on his name he does work for them. I owe £1119.25 this years council tax bill it now says I owe £1311.75 this is on their paperwork left today. But on my council tax bill original one it started at £1049.25. He stated I had to cancel direct debit to council if not I will be paying twice he had anouther man with him he didn't even give a name. He was the one who went off to shop up road

 

No you don't cancel the direct debit, you keep paying the council,

 

send a Formal Complaint by email, backed up by a hard copy by mail or handed in to the council and get a signature to say they have had it to the Head Of Revenues,

 

copied to CEO, Elected leader your councillor and MP,

 

stating you are aggrieved by their agent for which they are wholy liable imposing an unlawful levy, on your property,

it is unlawful as it is general it does not list property merely states "All Detainable Goods"

 

You want them to remove the now unlawful fees and let you keep paying them direct as you cannot trust the bailiff to deal fairly with you.

 

Indicate that if you remain unsatisfied by their rersponses you will escalate right up to the LGO,

 

and also will report the bailiff to OFT as their fitness to collect debt is in question.

[dx100uk]

have you done as in post 3

 

do not speculate

 

get the facts!!

 

dx

[sgtbush]

agrees with post 6

its called an illegal levy

the bailiffs should know better

[tracey jane]

done what post3 stated also email to council

 

baliff replied to email stating

 

levy fee £56

walking possession £12

abortive removal fee £100.00

schedule 5 fee h £24.50

 

these fees are compliant with the council tax administration and enforsement 1992-regulation 45 (as amemded)

and the agreed fee structure with fenland district council.

 

the fees incurred were as a result of the baliff visit on 27th july 2012 at 9.26 am,

 

unable to provide precise tim.

both baliffs have currant certification 11th may 2011 and 8th dec 2011

certificate is renewed every 2 yrs email from team leader.

 

fenland district council have acknowledged email which has been forwaded to recovery manager

who will respond by 15th aug also have 3 counciler names attached to email

[dx100uk]

what bull from bailiff

 

no such thing a schedue H [use our search look it up]

 

no such thing as abortive removal fee!!

 

dx

[brassnecked]

tHE Abortive removal fee owes more to Brothers Grimm than reality, its a figment of the bailiffs imagination. As to Schedule h, did the clown mean header h fee, well goods have not been physically removed for sale, nor advertised, so the muppet can swivel for that one.

 

It may be Formal Complaint to Head of Revenues copied to council bigwigs and MP.

[tracey jane]

i have recieved a reply today stating they have spoken to baliff concerned and that as i spoke to baliff outside my premises and that i refused to allow them access to my property and this is why the levy notice was completed in the way it was. constants and companies actions were corect and legal. it then states however as you are making regular payments to us they have asked on this occassion that the debt be returned to council. the baliff didnt even ask to enter property only one baliff knocked on door other stayed at side of car.

[wonkeydonkey]

It is good news to hear the Council have taken the debt back in house..but...do not rest on your laurels just yet.

 

Unless the Council have notified you that all illicit bailiff fees have been removed from your account then go with caution, in that Constant & Co have not already deducted/ applied their fees prior to returning the debt to the Council?

 

WD