Had a baliff letter

RAS

dizzy1974 wrote: »

Thank you for all your help, No they have never been in my house & dont have a car..

GOOD, GOOD, great.

Ok, they simply cannot charge you this money.

(apart from the fact that they can either charge for a levy or a WPO, not both, if they have been in the house).

if the Council do not agree to take the debt back (sounds like they might), then you need to get hold of your local councillor and complain to them.

You will be fine as long as you keep calm.

Do you have an e-mail address for Chandlers?

hallowitch

(apart from the fact that they can either charge for a levy or a WPO, not both, if they have been in the house).

bailiffs can charge a levy fee and a walking possession agreement fee on the same day if the walking possession agreement is signed

they cant charge a 1st or 2nd visits fee or a van fee on the same day as a levy fee

dizzy1974

The council called me back and said they have instructed Chandlers to not visit me tomorrow.. That is GREAT.
The lady at the council said she would be back in touch with me on Monday to advise where we go from here once she has had a chance to look at the whole situation with chandlers.

I will post again on Monday to let you know what they say

THANK YOU again...

hallowitch

great news well done

in the meantime send for a breakdown of your account from chandlers if you go there web site you will find an e-mail address for them

dizzy1974

Hello again, the council called me back and said that they could do nothing and that they had told Chandlers to carry on with my monthly installment. (£100 to be paid by the 1st) So i paid that which was approx £50 short of the debt being cleared but now i have another 2/3 installments for these additional fees.

I will do as you say and Im really grateful for all your advice, this site has been extremely helpful to me. I will request from chandlers in writing a breakdown of costs on the account from the beginning and then when received will read through your advice.

Thank you again I will update this again.

dizzy1974

Hello thankyou again for all your help.

I have a breakdown of costs and I have now noticed that the charge of £151.50 Walking Possession fee is actually attendance/removal costs not Walking possession fee. On top of this they have included a £28.00 Levy fee.

I asked for a breakdown of the account and these fees now show diffrerently on the statement, a £27.00 Levy fee and £120.oo Attendance fee.

If anyone can point me in the right direction if they are allowed to charge this ridiculous high fee I would be grateful for any help. They have never been into my house.

THANKYOU

RAS

dizzy1974 wrote: »

Thank you for all your help, No they have never been in my house & dont have a car..

if this is correct, they cannot have done a Levy and cannot charge an attendence fee unless they have a levy and attend to remove goods.

You need to take this breakdown, go to see your local councillort and explain that Chandlers are charging illegal fees.

dizzy1974

Thank you RAS, when they came round (I wa snot there) and left thisnotice;

this seems to be the important bit

TAKE NOTICE that by virtue of a liability order issued by the magistrates courts on 12/6/09 and with the authority of Mole Valley I have this day attended the premises at 'my address' to seize and distrain upon goods and chattles for the sum of £129.46 being Non Domestic Rates / Council Tax owing to the above premises at 'my adresss'

then something about inventory on the previous page then;

FURTHER TAKE NOTICE that unless the amounts specified are paid into this office in full within 5 days or an arrangement adhered to from the date hereof, the goods will be removed and sold ar public aution in accordance with the law.

amount Due for Council Tax £129.49
Levy Fee £28.00
Walking possession fee £0.00
Attendance/Removal costs £151.50
total Amount outstanding £308.96

So does this mean that as they have been round to remove goods trhat they are allowed to charge me these fees?

Thank you again RAS

hallowitch

then something about inventory on the previous page then;

can you explain this before you send the letter as it may need to be amended
was this a notice of seizure of goods and inventory listing goods






Send this (or something similar) to your council by E-Mail and recorded delivery letter

send it to Chandlers by e-mail with a note
this e-mail is to inform you i have made a Formal complaint to xxxx council against Bailiff Mr xxxxx a copy of this complaint is included in this E-mail

---

letter for the council



Name
Address
council tax ref
bailiff ref
date

FORMAL COMPLAINT

Dear Sir,

Bailiff Mr xxxxx attended my property to levy distress on behalf of xxxx council against council tax arrears of £xxxx said bailiff left a letter informing me that i had been charge a levy fee of £28 and walking possession fee of £151.50

On (date ) I phoned xxxx council to query the fees and was informed that the debt would be put on hold until enquires were made

I was very disappoint to receive a phone call informing me that xxxx council would do nothing and i would have to deal with Chandlers I am of the understanding that xxx council are fully responsible for all bailiffs actions including fees charged

I requested a breakdown of charges from Chandlers on receiving this information i noticed the walking possession fee charged by bailiff MR xxxxx was now being charged as a van/attendance fee this fee being charged the same day day as the levy fee

I am fully aware of The Council Tax (Administration and Enforcement) Regulations1992 (Amended)
Please note I was not at home on the day of the visit by Bailiff Mr xxxx therefore there was no entry into my home to levy distress I do not own a vehicle I was not left a Notice of distress listing good at the time of the levy

I require within 14 days of this recorded delivery letter an amended bill removing the levy fee and van/attendance fee replacing them with a 1st visit fee of £24.50
If however your bailiff Mr xxx insists he has Levied goods on your behalf against this debt and the van fee can be charged the same day as a levy fee therefore refusing to remove said fees I will require the following information

A formal refusal in writing giving the reason for the refusal to remove said fees

A copy of the notice of distress done by Bailiff Mr xxx levying my goods

said bailiffs certificate number

The court he was certificated at
the date he was certificated

A copy of xxxxx councils complaints procedure including the time scale complaints should be dealt with
Under the freedom of information legislation i also request a copy of the service level agreement with xxxx council and Chandler
I also require a copy of all information regarding my account for council tax for the year 2009/10 (if thats the correct year) this to include any internal/external e-mails. phone calls. letters.


A copy of this letter has been sent to Chandlers by E-Mail
Yours
Another pxxxed of Resident of xxxx council

dizzy1974

Thank you Hallowitch,have followed instructions as above and will let you know outcome, cannot thank you enough for this help, its really appreciatred THANKYOU!