Bailiff question

Herbie21

I would NOT pay.

Due to the severe effects of the recession it is so very wrong for a bailiff to be charging fees that are NOT correct.

In the first instance he has charged you for 2 visits. He has then charged a levy fee against a car (which I assue is not yours) and then charged the dreaded "attending to remove" fee which is payable IF he has carried out a VALID levy and you have failed to pay.

A bailiff is allowed to "assume" that a car outside is owned by your and the "onus of proof" is on you....not the bailiff to prove otherwise. However, the bailiff must have "good reasdon" to believe that this is your car.

You need to immediately write to the company to make them aware that this is NOT your car and inform them that your are willing to swear a Statutory Declaration to this effect and that you require that the bailiff IMMEDIATELY removes both the levy fee AND attending to remove fee.

If the company refuse, then the following template Statutory Declaration should be completed . This will require being sworn in front of a solicitor. The swearing fee is £5.

STATUTORY DECLARATION

To: Whom it may concern.

I: Mrs. Smith

Of: 1 High Street, Anytown, Anywhere.

Do solemnly and sincerely declare that:

I am not the owner or keeper of a vehicle with the following registration number: (enter VRN)

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

Signature:

Declared at:

On the day of two thousand and

Before me

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor.

Plushchris

Thanks Herbie! You're a star, thats just what I wanted to hear!

What does my head in is the fact the amount due hasnt changed from the first visit, presumably because he charged me for the second visit on the first.

The car is probably my neighbors as there are 3 flats sharing the same parking area.

All these charges were on the first visit, I've never actually spoke to the bailiff at the door as I've never been in when he has visited. I do intend to pay this off and have done with it, but I dont want to pay made up fees.

Do I have to pay this guy over the phone on a mobile or can I insist that I pay at the office? And does leaving the letter hanging out of the door break data protection laws? He may as well have left it on the doorstep!

mitty_2

Plushchris wrote: »

So you would be happy to pay charges that you shouldnt have to just to get rid of them?

Personally I pay my council tax on time, that way other people don't have to pay extra on their council tax for late payers.......;)

Plushchris

mitty wrote: »

Personally I pay my council tax on time, that way other people don't have to pay extra on their council tax for late payers.......;)

Er, yeah, thanks for that

So what you are really saying is both your posts on this thread are irrelevant.

Still, thanks for bumping the thread with your irrelevance. :rolleyes:

RAS

mitty wrote: »

Personally I pay my council tax on time, that way other people don't have to pay extra on their council tax for late payers.......;)

Which begs the question of why you are posting here?

Loads of people get into deep doodoo because they are ill or lose their job, and often should be getting CTB but do not claim. Then next year the council insists on full payment at the beginning of the year. So someone who is struggles to make monthly payments is expected to find it all up front?

Unless they get proper advice and support, they struggle to negoitiate with the Council and end up with a liability order and the bailliffs, who are a law unto themselves.

mitty_2

RAS wrote: »

Which begs the question of why you are posting here?

Only posted because the OP asked 'Any ideas from anyone?' as no-one had replied, so as an 'anyone' I gave my view.
Originally I was responding to the OP's security fears that he shouldnt pay over the phone - I stated that as they had his details I wouldnt worry and would pay it.

The OP then asked a slightly hostile question and I responded.

Take on board your comments about people getting into trouble with council tax because they loose their job and wasnt orignally being judmental.
No offence intended.

Herbie21

In this case I would be tempted to suggest paying the council and providing a letter to them to say that you are only doing so because you have serious concerns at the tactics being used by their agents in levying on a car that has nothing to do with you.

Plushchris

Herbie21 wrote: »

In this case I would be tempted to suggest paying the council and providing a letter to them to say that you are only doing so because you have serious concerns at the tactics being used by their agents in levying on a car that has nothing to do with you.

Thanks Herbie, will try that, I phoned and spoke to someone at the council but she kept saying its out of their hands and I'd have to deal with the bailiffs, when I said I didnt want to because I had issues with them charging me for things they shouldnt she just seemed to take the side of the bailiff and said there was nothing she could do. I did however get the name of her senior so could write a letter to her senior?

RAS

PC

Sometimes you can pay the council on-line?

Plushchris

Hmm just looked and its not clear, you can make payments but I'm not sure how I could make sure it was paying the above balance and not paying towards my current council tax bill?