Can someone pleae explain LEVY (Bailiff)

MyDogToby_2

Sorry if I've barged in but I'm not very good on these forum thingys so if I'm in the wrong place maybe somebody could help me..Please!!

This is a bailiff problem but a little history first.
The company where I had worked for eight years was taken over by a liquidation firm. They said I'd been identified as somebody worth keeping and asked me to stay on while they tried to sell the company but also told me there would be no money to pay my wages while in the process of selling the company.
Three weeks later they had failed to sell the company and I found myself on the dole and looking for a job.

***IF YOU ARE OVER 50, SINGLE AND ON THE DOLE PLEASE READ THIS***

There were very few jobs being advertised so I took the only job I could get, it was for eighteen hours per week and minimum wage. I asked at the job centre whether I would get help with rent and council tax if I were to take this job and they told me I would, they also said my benefit could be stopped if I didnt take the job.
The coucil gave me partial help with my rent and council tax but insisted I pay the rest from my wages.
My total wage was just £108 per week. Taking into account the average weekly cost of utility bills and the cost of travelling to work I was left with a total of £2.15 per day to feed myself and my 15 year old collie. I was also expected to pay rent and council tax out of the £2.15.
I wrote to the council (ROTHER DISTRICT COUNCIL) explaining that I could barely feed myself with what I was earning but they refused to budge and insisted that I pay rent and council tax.
They sent it to court and suddenly I am presented with a letter giving me just DAYS to pay the entire debt or they'd pass it to a bailiff.
At this point my new employer laid me off to prevent me getting into more debt, I couldnt just leave because that would have meant I couldnt qualify for benefits.

MY BAILIFF PROBLEM.
A bailiff letter arrived asking for the full amount, I had no money so I ignored it. More letters came with costs added on and now the original council tax debt of £170 has risen to £470.
I have written to the bailiff explaining that I am unemployed and would make an arrangement to pay this off at £5 per month but they refused my offer and demanded £143 per month.
I have never allowed the bailiff into my home (and never will) as I know he is not allowed to force an entrance.

Here's my problem.
I asked for a breakdown of the bill and listed on it is a charge of £32 for levying on goods.
As he's never been into my house I can only assume he's spotted my motorcycle thats standing in my garden.
I have never signed anything and he has never notified me of any levy on my goods until I saw the charge listed on the breakdown. I have no knowledge of what goods he has levied.
Does anyone know the law concerning LEVYING?
Can I remove the motorcycle?
Can he levy something without my knowledge or even telling me what it is that he's levied?
I know some of the law concerning bailiffs but this levy thing has got me worried.
PLEASE HELP.

PS. The motorcycle is my only chance of getting out of debt, when I have completed the work it needs I will sell it to pay off my debts but if he were to take it away and auction it he'd only get about £50 for it as a non runner but when I finnish the work it'll be worth about £1200 hence my desperation concerning this.

RobertoMoir

MyDogToby wrote: »

MY BAILIFF PROBLEM.
A bailiff letter arrived asking for the full amount, I had no money so I ignored it. More letters came with costs added on and now the original council tax debt of £170 has risen to £470.
I have written to the bailiff explaining that I am unemployed and would make an arrangement to pay this off at £5 per month but they refused my offer and demanded £143 per month.
I have never allowed the bailiff into my home (and never will) as I know he is not allowed to force an entrance.

Keep in mind that it's not up to you to allow them entrance, it's up to them to legally gain peaceable entry. And with the greatest of respect, I suspect the bailiff will know more about how to trick you into allowing this than you will into stopping them, so while this is a reasonable delaying tactic, please don't rely on it too long.

Here's my problem.
I asked for a breakdown of the bill and listed on it is a charge of £32 for levying on goods.
As he's never been into my house I can only assume he's spotted my motorcycle thats standing in my garden.
I have never signed anything and he has never notified me of any levy on my goods until I saw the charge listed on the breakdown. I have no knowledge of what goods he has levied.
Does anyone know the law concerning LEVYING?
Can I remove the motorcycle?
Can he levy something without my knowledge or even telling me what it is that he's levied?

Not really no. Of course this is, IIRC, a balance of probabilites thing else all a debtor would have to do is pretend they never received a levy sheet.

However, I'd complain to the council about the illegal fees that have been charged (the levy, as you haven't seen it) and I'd certainly put my bike somewhere safe if I were you - if you haven't received notice that it's been levied against then it is yours, not the bailiff's.

MyDogToby_2

Many thanks for your input Roberto.

Your info has told me all I need to know however (I can see by your posts that you are busy around these forums so no need to reply if your helping elsewhere) what should have been the procedure if indeed the levy refers to my bike?
I assume its the bike because they've never been in my home.

Bike now safely stashed. Unless work comes along soon it's sale is my only hope of getting out of debt.

Thanks again.

RobertoMoir

Hi,
They don't need you (or anyone) to be present or to sign anything to levy against an object, but they should have left you a copy of the paperwork.

Herbie21

MyDogToby wrote: »

Many thanks for your input Roberto.

Your info has told me all I need to know however (I can see by your posts that you are busy around these forums so no need to reply if your helping elsewhere) what should have been the procedure if indeed the levy refers to my bike?
I assume its the bike because they've never been in my home.

Bike now safely stashed. Unless work comes along soon it's sale is my only hope of getting out of debt.

Thanks again.

If the bailiff had levied upon your bike then he SHOULD have left you a Notice of Seizure. It is POSSIBLE that he has levied upon a neighbours car (this is the most common levy at the moment). I would therefore act "dumb" and contact the company to say that no paperwork has been left and that you have NO IDEA what has been levied upon. Let THEM tell YOU what has been levied.

HOWEVER, if the levy is on your bike then you have a PROBLEM. This is because "in the eyes of the law" the bike is now in the "control" of the bailiff and the levy against it will only be released if full payment (including fees) is paid.

Fribourg

Maybe this is a shot in the dark, but you could try to get a Crisis Loan, the link is

ww.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018856

kaya

heres the way to do it:
search the forums here for a statuatory declaration of ownership for goods, copy it , fill in the blanks and go to a solicitors office , you pay them £5 (standard fee) and they witness you signing it(you will need somebody else to sign your goods over to(somebody you trust)). It is perfectly legal to give away any and all goods to anybody you please provided no levy has been signed, your sworn affadavit is then law, present it to the bailiffs firm, postal services are fine for this if you dont want to see them, as soon as they recieve it they will realise that in law you have no good for them to steal(levy) so there is no point whatsoever in them persuing the case, they then have to return the debt to the issuing court and ALL THE BAILIFFS FEES ARE REMOVED from your debt, they only get paid if they are successfull in there job, you can then approach the court and work out a reasonable payment plan that you can afford for the amount of the origional debt, i would also point out to them that under there own bailiffs code of conduct the fact that you are unemployed makes you fall into there "vulnerable persons" category so they shouldnt be bothering you anyway