Help with Bailiff for Council Tax

[stressed2009]

Hi

I posted some time ago about quite large council tax arrears, with a bit of help from family and a lot of hard work we have paid most of this off now and it was just some from the year 2012/13 remaining. When it was sent to the bailiffs we came to an arrangement and managed to stick to it for apart from the last 2 payments. We still owe approximately 400 from this but couldn't make the last two payments due to work being slow, we are self employed. We buried our heads in the sand a little hoping we would have some spare to be able to make it up, but this hasn't happened. Then we received a letter posted warning that a bailiff would be visiting, we appear to have been charged £24.50 for this. Then this evening we received a visit with the bailiff leaving a notice of distress and inventory with our neighbours vehicle details listed and charges for levy fee and attendance.

I used to be so strong in dealing with all this, but lately everything stresses me out. Its not an excuse as we want to pay, but just cant right now.

Any advice would be appreciated.

Thanks

Stressed2009

[Winner2512]

Hi

 

I posted some time ago about quite large council tax arrears, with a bit of help from family and a lot of hard work we have paid most of this off now and it was just some from the year 2012/13 remaining. When it was sent to the bailiffs we came to an arrangement and managed to stick to it for apart from the last 2 payments. We still owe approximately 400 from this but couldn't make the last two payments due to work being slow, we are self employed. We buried our heads in the sand a little hoping we would have some spare to be able to make it up, but this hasn't happened. Then we received a letter posted warning that a bailiff would be visiting, we appear to have been charged £24.50 for this. Then this evening we received a visit with the bailiff leaving a notice of distress and inventory with our neighbours vehicle details listed and charges for levy fee and attendance.

 

I used to be so strong in dealing with all this, but lately everything stresses me out. Its not an excuse as we want to pay, but just cant right now.

 

Any advice would be appreciated.

 

Thanks

 

Stressed2009

 

 

 

[stressed2009]

If I can make payment tomorrow should I pay the amount the council told me through the council website?

[zydeco]

If you can afford it then pay the council direct.

 

If the first letter was sent through the mail then they can't charge a visit fee (£24.50)

The levy on a 3rd party vehicle is invalid so any fees associated with it must be removed.

Also can't charge an attendance fee and levy on the same visit.

If you pay the council what you owe in council tax then the bailiffs can whistle for their unlawful fees.

[stressed2009]

Thanks for your reply. Once I make the payment should I write to the council disputing the fees?

[zydeco]

I'm not too clued up on this stuff,

but I think that you tell the council that their appointed agents have made an invalid levy and you are not prepared to deal with them so you have paid off your account direct to the council and you require the unlawful fees to be removed.

(If the letter was posted then that fee goes as well.)

 

 

they may say you have to pay the visit fees (£24.50 & £18) but once the liability order is settled the bailiffs have nothing to enforce so they might find it difficult to collect!!

[stressed2009]

Also, if I pay off the council tax outstanding without any fees will they come back to try levy on something else once I dispute their invalid levy?

[zydeco]

Without the liability order they have no authority to levy anything, they would just be trying to get their beer money.

Make sure you get written confirmation that you tax is paid in full.( eg. screen shot of your online payment)

 

some councils will pass on the fees to their bailiffs so that you still have an outstanding liability which means that the bailiff can come back.

(If the bailiff has made the visits he claims then legally you are liable for those visit fees but paying your council tax is the priority, the bailiff''s beer tokens are very low on anybody's 'to do' list.)

 

Of course, if you made a formal complaint to the council about the bailiff''s actions regarding the 3rd party levy and postal visit the fees could magically disappear.

 

(I wouldn't worry about what the bum bailiff might do until you've dealt with the council.

He'll get fed up when he realises he's not getting his pocket money and move on to another victim.)

[stressed2009]

The only time they have visited was yesterday, but he didn't put a visit fee down only the levy and attendance? Should I pay an extra £24.50 to cover for a first visit incase?

[brassnecked]

Ask the council

How many liability orders they hold for you

How much is owing on each one

When were they obtained

When were they passed to bailiffs for enforcement.

 

You can also state you are initiating a Formal Complaint in writing, by email, followed by hard copy (take it in and get it signed for) due to the actions of their bailiff and his unlawful levy on your neighbours car, quote that this was slammed by 5the LGO in the report on Blaby Council and Rossendales, where the bailiffs levied on third party cars.

 

tell them you will not therefore deal with the bailiff as you cannot trust them to deal fairly with you and all the associated fees MUST be removed, and you will pay the legitimate First Visit Fee of £24.50.

[stressed2009]

There is one liability order with 430 remaining on it. It was obtained in July 2012 and passed to bailiffs in November 2012.

[brassnecked]

There is one liability order with 430 remaining on it. It was obtained in July 2012 and passed to bailiffs in November 2012.

Tell the council you will be paying them £x every whatever day, as you cannot trust the bailiff due to the unlawful levy, and you will pay an additional £24.50 for the legitimate visit fee, remind them that they are 100% liable jointly and severally with the bailiff for the unlawful levy said levy and ALL associated fees MUST be removed as per the LGO and Blaby Council.

[stressed2009]

I am hoping a family member will pay off the outstanding liability amount today along with a first visit fee.

 

Is there a letter template I can use to adapt for my situation? I want to make sure I get all the information in that is needed to dispute this.

[zydeco]

borrowed from another cagger,

 

letter to bailiff.

 

"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"

[stressed2009]

Hi

 

Anyone have any idea how often items/vehicles get removed for payment of council tax debts. What if it is just the bailiff fees that are outstanding?

 

Thanks

[brassnecked]

Could you expand please

[ploddertom]

Two threads merged.

[stressed2009]

Well the outstanding liability has been cleared so its just the fees outstanding.

 

I tried to talk to the council as you suggested pointing out that they are jointly liable and what the LGO Blaby Council Report states. They put the phone down on me after stating several times the fees are nothing to do with them. I am awaiting some information before posting the complaint. We have been advised that recovery action will not cease until all fees are paid and even if vehicle checks out with DVLA to not be ours the fees will not be removed?

[hallowitch]

Well the outstanding liability has been cleared so its just the fees outstanding.

 

I tried to talk to the council as you suggested pointing out that they are jointly liable and what the LGO Blaby Council Report states. They put the phone down on me after stating several times the fees are nothing to do with them. I am awaiting some information before posting the complaint. We have been advised that recovery action will not cease until all fees are paid and even if vehicle checks out with DVLA to not be ours the fees will not be removed?

 

 

personally I would pay the 2 visits fees

then e-mail the council and the bailiff firm telling them you have paid the liability order and all legal fees that can be charged under current legislation the if they still want to remove the vehicle that they know is not yours then they should go ahead and remove the car as both the council and the bailiff firm know its not your car

[i hate bailiffs]

Well the outstanding liability has been cleared so its just the fees outstanding.

 

I tried to talk to the council as you suggested pointing out that they are jointly liable and what the LGO Blaby Council Report states. They put the phone down on me after stating several times the fees are nothing to do with them. I am awaiting some information before posting the complaint. We have been advised that recovery action will not cease until all fees are paid and even if vehicle checks out with DVLA to not be ours the fees will not be removed?

 

Telephone calls are pointless council and bailiffs make there own rules up

 

If the bailiff has just done one visit fees are £24.50

the levy that they claim is invalid

 

write to the council copy in local MP and councilors

[stressed2009]

So will the bailiffs remove vehicles for fees outstanding?

[i hate bailiffs]

So will the bailiffs remove vehicles for fees outstanding?

 

they can not remove any item that does not belong to the debtor should they do so both council and bailiffs are in trouble

 

For now if you have a car tuck it away

 

Look at things this way if bailiffs are used to collect council tax despite all there visits with no joy

eventually they hand it back to the council for further enforcement

 

That happened to me and i never did pay bailiff fees

bailiffs will be either like a dog with a bone or give up

 

Pay any legitimate fees to the council and get in writing nothing is owing