Bailiff Letter

RobertoMoir

ok so what does the letter say? Is it something like "I have attended to day with the intention of..."?

Have you received any paperwork that has anything like "NOTICE OF DISTRESS" written on it?

Insomniac666

RobertoMoir wrote: »

ok so what does the letter say? Is it something like "I have attended to day with the intention of..."?

Have you received any paperwork that has anything like "NOTICE OF DISTRESS" written on it?

This is it word for word....

"Our bailiffs are due to attend imminently with a van and crew to execute a Magistrates Liability Order. your goods will be removed by our enforcement team and taken to public auction where they will be sold. You must now make immeadiate full payment of this debt to Andrew James Enforcement Limited or contact our office to arrange a suitable time for our enforcement team to attend and for the removal to proceed.

While we would prefer you to be present when this task takes place it will if neccessary be carried out in your absence. Additional costs in accordance with statutory regulations will be incurred and charged to your account at time of our attendance"

Has a big RED "Removal Notice" banner and a payment slip....

RobertoMoir

OK that sounds like a van letter, rather than the usual "intention to levy" letter. A little odd if that is all you have had.

You may find this thread useful, has some good advice in it. Pay particular attention to this particular post which has some advice about what bailiffs can and can not do from someone who (if I may say so myself) has a reasonable amount of experience in this area.

Moving forward then, now you've read that lot and know they can't force their way in and take stuff against your will, and remembering to be careful not to leave your cars anywhere where the bailiffs will obviously know they are yours, what fees have they charged?

You mentioned that your wife sent them a cheque for the amount minus some fees she thought were excessive, so you must have some idea. If they've illegally added fees then this has been an effective route to getting the debt handed back to the council to pay via arrangement in past cases we've looked at here.

And if the fees are correct then we can tell you that too because one way or another you'll have to pay correctly charged fees and failing to do so will only drag things on and probably incur more fees.

Insomniac666

RobertoMoir wrote: »

OK that sounds like a van letter, rather than the usual "intention to levy" letter. A little odd if that is all you have had.

You may find this thread useful, has some good advice in it. Pay particular attention to this particular post which has some advice about what bailiffs can and can not do from someone who (if I may say so myself) has a reasonable amount of experience in this area.

Moving forward then, now you've read that lot and know they can't force their way in and take stuff against your will, and remembering to be careful not to leave your cars anywhere where the bailiffs will obviously know they are yours, what fees have they charged?

You mentioned that your wife sent them a cheque for the amount minus some fees she thought were excessive, so you must have some idea. If they've illegally added fees then this has been an effective route to getting the debt handed back to the council to pay via arrangement in past cases we've looked at here.

And if the fees are correct then we can tell you that too because one way or another you'll have to pay correctly charged fees and failing to do so will only drag things on and probably incur more fees.

Just got off the phone with them, apparently they have visted 3 times previously, I didnt' know about this as me and my wife work shifts or a distance from the house. The only letter we had is the one my wife sent a cheque off to them.

I asked for the charges, the girl on the phone didnt' want to give out... but..

£287.26 - C.Tax Arrears
£27.50 - first visit (though nothing confirming been - no answer etc..)
£16.50 - second visit (still no answer from us etc...)

now third visit where the letter was posted £125 statutory attendance plus £55 on securing debt? i asked how they secured a debt when no-one answered, she said from outside property... we got to plants and a welcome mat? Now the car may have been on the drive as my wife might have been working nights and in bed, now my wife requires that car as she works a shift pattern and her office is on an industrial estate so public transport is not an option, we dont' own it outright, we still paying for it through Welcome car finance.

I asked what the debt was secured against because step-daughter's boyfriend parks up on the drive so I don't want them thinking they canuse that but she said she couldn't tell me and I would have to write in, I did point out that considering it's Wednesday i wouldn't get a reply in time for the first payment "due date"

so the amount they want is £511... I said I'll make payments but can't aford that, they said 50% by Friday.... I can't really afford that either, i was willing to pay £100... but.. well no real lgood response from that offer

RobertoMoir

If you don't have the notice of distress that they used to "secure" the debt then they haven't secured the debt. They can't charge a van fee if they haven't levied, and if you don't have the levy notice they haven't levied.

Complain to the council about their illegal fees (attendance fee is debatable depending on whehter or not a levy exists, but this "securing debt" fee is completely pulled out of their butts)

RobertoMoir

RobertoMoir wrote: »

If you don't have the notice of distress that they used to "secure" the debt then they haven't secured the debt. They can't charge a van fee if they haven't levied, and if you don't have the levy notice they haven't levied.

Complain to the council about their illegal fees (attendance fee is debatable depending on whehter or not a levy exists, but this "securing debt" fee is completely pulled out of their butts)

If the council themselves are no help, complain to your local counsellor (note, NOT your MP, bloke down the pub who knows someone, your actual local counsellor).

Explain that you're willing to pay the debt you actually owe for council tax, that you realise that some costs are unavoidable and you'll pay them too but:
1) You're unwilling to pay illegally added fees
2) You know that the bailiffs are agents of the council and that therefore the council are legally responsible for their actions and therefore are obliged to act now you're telling them about the illegally added fees or else find themselves in a lot of trouble.

Insomniac666

RobertoMoir wrote: »

If you don't have the notice of distress that they used to "secure" the debt then they haven't secured the debt. They can't charge a van fee if they haven't levied, and if you don't have the levy notice they haven't levied.

Complain to the council about their illegal fees (attendance fee is debatable depending on whehter or not a levy exists, but this "securing debt" fee is completely pulled out of their butts)

I'll have to dig out the original letter when i get home tonight, to see what it says... I just checked and my wife wouldn't have been at home and i was in work, so our car wouldn't be there, can they levy on items they can see through the window?

RAS

Think it might be worth getting hold of your local councillor and talking to them, as £180 is definately illegal fees (unless your wife has had a levy put on her car and has not told you)?

They should have left letters after the first two visits?

You need to make absolutely sure that you do not leave the car anywhere it can be found - unless your wife needs the car to do her work, rather than to get to work - they could levy it. However if it is HP rather than on a loan, they cannot.

By the way, I understand the the items on which they levy have to be capable of meeting the debt when auctioned. So a welcome mat is not going to suffice.

Insomniac666

RAS wrote: »

Think it might be worth getting hold of your local councillor and talking to them, as £180 is definately illegal fees (unless your wife has had a levy put on her car and has not told you)?

They should have left letters after the first two visits?

You need to make absolutely sure that you do not leave the car anywhere it can be found - unless your wife needs the car to do her work, rather than to get to work - they could levy it. However if it is HP rather than on a loan, they cannot.

By the way, I understand the the items on which they levy have to be capable of meeting the debt when auctioned. So a welcome mat is not going to suffice.

Just spoke to my wife and the original letter (the only one posted) mentions the car so she couldn't have left the house when they came, in her letter to them, she said we don't own the car (why she doesn't remember this when I ask!!!!!) because we still paying the loan she thought it can't be included. SO they must have a levy against that... so, sorry if i'm sounding stupid where do I stand now? had i seen something earlier from bailiffs I could have sorted something before this extra £125 added, Jeez!!!

Insomniac666

Has anyone had luck haggling payments to bailiffs down? I could manage 4 payments of £128, just got rid of a payday loan so was paying £130 in re-loans each month so i wouldn't notice that so much..