Baliff Issues - Advice needed please

Culex

hallowitch wrote: »

The reason for the above is most if not all local authority's don't administrate there own council tax this work is outsourced to an agency so when you phone e-mail/letter your local authority you may not be dealing with an employee of the council

From the attitude of the woman on the phone, would it be a fair bet that she really works for Crapita?

hallowitch

Culex wrote: »

From the attitude of the woman on the phone, would it be a fair bet that she really works for Crapita?

yes as a gambler i would put money on that


there are a few company's administrate council tax Crapita seem to the biggest therefore most local authority's choice of administrator

Brit-Wifey

Morning All...
Thanks for the advice. I wish that I had waited till this morning to email the council, but nooooo I had a rant at midnight and emailed it. Should I write another one (calmer version) addressed to the Chief Executive etc and send it Royal Mail signed for? Whoever reads the emails there are going to think I have lost my mind! I was angry.... It just blows my mind how nasty and dismissive the council can be & how low the baliffs are. (Been reading baliff horror stories) If I get passed this incident I will NEVER EVER get into this situation again.... I love a good challenge, but this whole thing is insanity. I cannot believe that in 2011 they are still allowed to do the things that they do..... Let's see what happens tomorrow..... according to the 2nd letter, they will turn up between 6am-8pm. I have my video camera on charge....part of me feels like answering them from the upstairs window and taping it & the other (more logical) part of me says "DON'T EVEN SPEAK TO THEM"..........

hallowitch

Brit-Wifey wrote: »

Morning All...
Thanks for the advice. I wish that I had waited till this morning to email the council, but nooooo I had a rant at midnight and emailed it. Should I write another one (calmer version) addressed to the Chief Executive etc and send it Royal Mail signed for? Whoever reads the emails there are going to think I have lost my mind! I was angry.... It just blows my mind how nasty and dismissive the council can be & how low the bailiffs are. (Been reading bailiff horror stories) If I get passed this incident I will NEVER EVER get into this situation again.... I love a good challenge, but this whole thing is insanity. I cannot believe that in 2011 they are still allowed to do the things that they do..... Let's see what happens tomorrow..... according to the 2nd letter, they will turn up between 6am-8pm. I have my video camera on charge....part of me feels like answering them from the upstairs window and taping it & the other (more logical) part of me says "DON'T EVEN SPEAK TO THEM"..........

:rotfl::rotfl::rotfl::rotfl:don't worry about it there is nothing wrong with a good rant (what did you write)
leave it for now and see what the council come back with then if you don't get the desired result you can start the formal complaint procedure

It would be wise to make a freedom of information request asking the local authority for a copy of there service level agreement between themselves and newlyns (usually this can be done on-line through the council website )

The bottom line is you should have been summonsed to court

even if you had attended the liability order would have been granted

you did not receive notice that the debt was being passed to newlyn
you tried to the full outstanding amount up until the date of the refusal of payment there were no bailiff fees (cant charge for letters through the post )

yes go to an upstairs window and record the bailiff
http://www.hmcourts-service.gov.uk/CertificatedBailiffs/

the bailiff must be certificated to Newlyn Collection Services
this falls under The distress for rent rules 1988
http://www.legislation.gov.uk/uksi/1988/2050/contents/made
the list is not always 100% you can phone Ministry of Justice Public Register of bailiffs on 020 3334 6355



question 1 please show me you certificate to confirm you are are a certificated bailiff
2) please tell me the court you were certificated at and the date of certification
3 are you certificated to newlyns
please show me the letter from the council giving permission to levy against this debt

what charges are being added to this account for todays visit

(if he tells you that he is going to levy car) inform him that the car is a mobility car therefore exempt from seizure tell him to look at the tax disc point out that your blue badges are clearly on display


If he rants and raves has a bad attitude let him

then ask him if he has ever had a form 4 complaint lodged against him

ask him if he likes his job as you have just recorded the whole thing and a form 4 complaint is your next course of action

go on girl you know you want to do this give him some sleepless nights for a change

hallowitch

you say your outstanding balance is £338.63 you need to phone the council and ask the amount of the liability order ask if this includes the costs for the liability order (it should)
ask the date of the liability order
ask the period the liability order relates to

get this information first if a bailiff secured levy against a debt of £338.63 the levy fee is £34.50

most bailiff try to add a walking possession fee of £12 this can only be charged if the walking possession agreement is signed

most bailiffs try to charge an enforcement fee regulation does not allow for this fee (in reality its a van/attendance to remove fee ) that cant be charged the same day as the levy thats why they try to dress it up as an enforcement fee

hallowitch

http://www.youtube.com/watch?v=sBRbXOoYpFM

Brit-Wifey

Thanks Hallowitch for all the info! I have copied it all down
I was just on Newlyns website and noticed something: Lies? Mis-information? Here is what it says, which is contrary to THE COUNCIL TAX ADMINISTRATION AND ENFORCEMENT REGULATIONS PART VI 45.3 as pointed out by Culex

If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

If I pay your client, do I have to pay your charges?
You lost the right to pay the council when this went to court. According to PART VI 45.3 - that is a LIE??
If you endeavour to pay the council you will still be liable for costs incurred for the Administration & Enforcement of the Liability Order / Warrant of Execution and may incur further
costs whilst we try to recover the outstanding monies owed.

If that isn't the case then someone needs to report them....??
BTW my rant wasn't very nice..... lol I told them what scum they are etc for speaking to me the way that they did, failure to inform me of court etc even though they KNEW my new address & quoted PART VI 45.3 to them as well LOL - God I only hope that I read that regulation right !

Brit-Wifey

hallowitch wrote: »

http://www.youtube.com/watch?v=sBRbXOoYpFM

Youtube is FULL of Baliff Videos - I have never laughed so hard :rotfl::rotfl::rotfl::T

HappyMJ

Brit-Wifey wrote: »

Thanks Hallowitch for all the info! I have copied it all down
I was just on Newlyns website and noticed something: Lies? Mis-information? Here is what it says, which is contrary to THE COUNCIL TAX ADMINISTRATION AND ENFORCEMENT REGULATIONS PART VI 45.3 as pointed out by Culex

If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

If I pay your client, do I have to pay your charges?
You lost the right to pay the council when this went to court. According to PART VI 45.3 - that is a LIE??
If you endeavour to pay the council you will still be liable for costs incurred for the Administration & Enforcement of the Liability Order / Warrant of Execution and may incur further
costs whilst we try to recover the outstanding monies owed.

If that isn't the case then someone needs to report them....??
BTW my rant wasn't very nice..... lol I told them what scum they are etc for speaking to me the way that they did, failure to inform me of court etc even though they KNEW my new address & quoted PART VI 45.3 to them as well LOL - God I only hope that I read that regulation right !

It is....but it isn't quite a lie. It's stretching the truth. It means if you pay council the amount that is due to them then you are still liable for the fees incurred so far to the bailiffs. However, they are not enforceable by the liability order and they would need to take you to the county court to enforce those. Then they may get a CCJ and then they can enforce them. If you paid them first they will use the money to pay their own fees first before forwarding any to council which is why they want the money paid to them first.

Culex

And, looking on the bright side, at least Newlyns didn't use threats of rape as one American company did.