Levy on car

[EnglishRob]

Hi folks,

 

I'm in need of a bit of advice please.

 

I've come home this evening to find my car has been clamped by Ross & Roberts.

The car is parked on my driveway after it failed the MOT (I couldn't afford to get it fixed and the tax had ran out).

 

I've had a couple of letters and a form put through the door.

 

First of all there is a "Second Notice" asking for over £300.

The original date was the 14th March, but this was scribbled out and changed to 20th March.

 

Also in with this letter was a "Removal Notice" to say that I've failed to contact the bailiff

and the case has been passed to the Removal Enforcement Department.

 

The sum here is over £700 and the reference numbers are different.

 

It says on the letter that the bailiff has the right to peacefully enter the premises and remove goods even in my absense.

 

Now I'm guessing normally that would mean if someone let them in they could levy on items in the house (at least it doesn't say about forceful entry).

 

Again this second letter has the date 14th March and the date scribbed out and changed to 20th March.

 

Also in there is a Form 7 - Notice of Seizure and Inventory of Goods.

 

The only item on there is my car on the driveway. It doesn't list anything else.

 

It says it's a walking possession agreement (request not to remove goods immediately).

 

What I'm worried about is that it says:

 

I hereby agree:

 

1. To pay the lawful fees to the man in possession.

2. That you and the man in walking possession may re-enter the premises at any time whilst the distress is in force.

3. That I may not remove or sell the goods or any part of them or allow any other person to do so without your permission.

4. That I will not damage or neglect the goods or allow any other person to do so.

5. That so far as possible I will maintain the goods in their present condition,

6. That the goods listed on the attached inventory are not subject of any charge, lease or other financial arrangement.

7. That the goods on which distress is levied are impounded on the premises in the custody of the Law.

8. That I will show this form to any person who may call with the intention of levying on the goods and tell you of their visit.

9. You may remove and sell the goods at any time after 5 days if I have not paid the sum due and your fees or kept to my arrangements.

10. I certify that:

The information contained in this agreement is true.

A copy of this agreement and distress notice have been handed to me.

The goods belong to me/the goods belong to the debtor and I am authorised to sign this agreement.

 

This bit is crossed out... the goods belong to the debtor and I am authorised to sign this agreement.

 

The amounts owing on this form say around £700 (although a different amount to the other two forms) plus over £230 in bailiffs costs giving me a total amount of around £900 to pay.

 

It looks like the bailiff visited around 3pm, I wasn't in (I was at work) and I haven't signed anything.

 

First of all I'm worried if they can now enter the house by force (or change the locks, call the police etc) after putting a levy on my car? Or is it as before, they can't enter the house unless I let them in (or leave the doors unlocked, windows open etc?).

 

I'm going to speak to the council tomorrow,

I've tried talking to them before but they never seem to be any help.

 

I'm currently suffering from depression and anxiety (mainly due to the threat of the bailiffs) a

nd I'm struggling to pay the bills as it is (I'm a single parent with two nearly teenage daughters and I'm working part time).

 

I've already advised the council of this but at the time they told me they needed something in writing from my doctor which I did get and sent in

but never got any acknowledgement for.

 

I'm going to speak to my doctor again tomorrow and try and get another letter,

this time I'll try and get a copy made and take the copy down to the council offices

and hand it over to their staff directly rather than posting it.

 

So I wondered if anyone could advise about the levy and what that means?

Can they now enter my home when I'm at work?

 

I was going to scrap the car anyway (I don't think I'd get anything for it as it is)

but I'd rather the council take the debt back

so I can get scrap value for the car (if there is any value to it)

and give that directly to the council on principal.

 

I'm also not sure if it makes any odds,

but I'm the registered keeper on the car

but it was paid for by my mum (and the invoice is in my mums name),

I'm still paying her back a little bit each month to pay it off as she took out a bank loan to pay for it.

 

Rob

[dx100uk]

what is the council debt please

 

dx

[EnglishRob]

Hi Dx,

 

It's an old Council Tax debt from last year. I've contested it with the council as they didn't apply the discount, and for a while I was getting council tax benefit which the bailiffs didn't take into consideration.

 

Rob

[dx100uk]

ctax debts have NO right of entry at all.

 

so thats all huff 'n' puff

 

as are locksmiths taking your budgie etc etc

 

you DO NOT have to talk to them at all.

 

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc You need to speak to someone at the Council and ask the following questions:

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

8 - the dates & amounts of any payments

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"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

.

Ripped off customer"

.

dx

[matt v atos]

pay council using correct reference number !