URGENT!!! Removal of Vehicle for bailiff fees? Council Tax paid in full!!!!

Big_Dan_2

Hi,

We have just had the pleasure of a visit from Rossendales in respect of their fees to recover council tax.

The council tax was paid in full to the council approximately 2 months ago and we had not heard anything from them since we disputed the fees as we did not believe the bailiff had in fact made attendance and they sent a reply saying THEY had investigated and found the fees to be due (obviously).

I arrived home from work to find a bailiff at the door who said we have to pay £255.00 or they would remove one of our vehicles.

I advised we were not in a position to pay but they have made a merry song and dance about clamping the vehicle and left a 24 hr notice to say they will return tomorrow to return the vehicle if we do not pay.

Can they do this??? Is this not now an excessive levy as the car is worth £2000ish and the fees £255 and should they have told us they were coming??

The bailiffs have never been given access to our property and we have never signed anything for them.

We have always disputed the fees as at the times they have stated they attended we have been home.

I have an email from Rossendales (the last correspondence that we had received from them) advising that there was an outstanding balance of £95.50 payable by return however the Final Notice states a outstanding amount of £245.50???

The bailiffs have not removed the car but it is currently clamped outside our address?

Also we are currently in the process of going bankrupt so not sure if this affects anything??

And have never had a notice of seizure??

Big_Dan_2

We have had no breakdown of costs neither have they left us with the statutory information:

• the law setting out their powers and what they can and cannot do. These are the ‘enforcement regulations’;
• any agreement you have actually signed. This will be called a ‘walking possession’ agreement and includes a list of goods the bailiffs have warned you they may take;
• the charges the bailiffs are allowed to make for each visit.

Big_Dan_2

Do Liability Orders/Distress Warrants generally cover Bailiffs fees or just the original debt??

Big_Dan_2

Is there anyway I can check the status of the liability order against me as I am under the impression that if this has been marked as paid the bailiffs have no legal right to us it to attempt to recover their fees?

NorthernLas

Sorry I am not an expert but I do know that http://www.bailiffadviceonline.co.uk/ is a reputable site to use for information

mandi

Hi Big Dan have a look at this . I would imagine that the total cost includes the baliff fees , and they are only allowed to remove goods to the value of the outstanding amount ..

By law the council has to give you 14 days notice of a liability order .


The Magistrates Court do not send out copies of Liability Orders and because of this, many people do not actually know the amount on the Liability Order* We would advise that you contact the council to ask how much the Liability Order is for.*

If you are unable to pay, you may well be able to enter into acceptable payment arrangements with the bailiff….however, it is important to note that bailiffs do not have to accept any offer. This is because they are acting on an Order from the Court, and in this, their role is to seize goods under the order.




Can a Bailiff take my car?

Big_Dan_2

So it seems we are well and truly stuffed as different advice from everyone we have spoken to.

Nobody seems to have a definite answer as to what the rules and laws are surrounding bailiffs so we are stuck between a rock and a hard place either continue to refuse to pay and risk loosing our car if they are in the right our car or pay the £250 they now say we owe which we sorely cannot afford and lose out to their bullying tactics???

dancingfairy

Right start at the begining - was the council tax paid before a laibility order was granted? If not then you owuld owe the costs of obtaining a liability order as well - could be up to 90 ish pounds.
The bailiffs have a set of charges they are allowed to charge - have a look on National Debtline's website.
What charges were the bailiffs attempting to charge before that you disupted? I believe it should have been up to 40 ish pounds (plus the liability order costs if you hadn't paid them). Provided that they hadn't levied anything at this point.
It now sounds like it has got tricky and you require specialist advice though - I would try bailiff advice online -yes I know you have to pay for the advice but frankly given the amount that you pay have to pay as the bailiffs have clamped your car it may be wort hit for you alternatively try National Debtline.
Best of Luck
df

Big_Dan_2

I have caved in and paid the alleged fees as much like most people I suspect I cannot be doing with them harassing my wife and children while I am out at work for 12 hours a day.

From what I can gather LEGITIMATE fees are included in the liability order and therefore a bailiff can Levy against your goods for their fees even if you have paid the council tax in full.

However I will now have to go about challenging the fees there should be no first or second visit fees and we have been charged £150 for a further visit which I think we can proved is not "reasonable".

Gotta love this !!!!ry robbed and done over by everyone and its all legal.