Council Tax and Jacobs Bailiffs Charges

hallowitch

you will owe £42.50 in bailiff fees which will have to be paid

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf


they have levied against a car that does not belong to you this makes the levy and any associated fees (van/attendance) unlawful

do not speak to Jacobs or the bailiff unless you can record the call

e-mail them and tell them that you don't own the car that bailiff Mrs/Mr xxxx levied against therefore you wont be paying the levy fee and associated fees

if they tell you YOU must prove you don't own the car tell them to sod off and do a dvla check

arcon5

Tell them it's your car then watch the mayhem when they take it away

Sweet sweet revenge

hallowitch

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!(1-Viewing)-nbsp


If the goods levied upon are not owned by you then the levy is not valid and accordingly, the company must refund the levy fee and all associated charges resulting from this levy.

This "practice" of levying upon a vehicle is now so widespread that complaints have reached the Local Government Ombudsman and this in turn had lead to Andrew Hobley, the Senior LGO Investigator writing in last month's IRRV (Institute of Ratings, Revenues and Valuation) INSIGHT Magazine on this very subject where he confirms that "these practices are likely to result in a finding of administrative fault by the Ombudsman".

The IRRV have very kindly provided our business with a copy of the article and they have confirmed that they are happy for it to be referred to but that we should acknowledge that it has been provided by the IRRV and is from their INSIGHT Magazine.


PS: The final paragraph is very important and I would suggest that when writing a letter of complaint that a copy of this article is provided to them as well. You should also copy your letter to the local authority and ensure that it is marked as a FORMAL COMPLAINT and addressed to the CHIEF EXECUTIVE.

.



April 2010 Insight – Local Government Ombudsman


As it has become increasingly difficult for bailiffs to gain access to debtors’ homes for the purpose of taking goods for council tax, the practice of levying on vehicles in the absence of the debtor has grown. These vehicles may be parked on the debtor’s property or in the road outside. This practice, if abused, can lead to the Local Government Ombudsman finding fault with the bailiffs and the council employing them.

The Ombudsman has dealt with at least four unreported complaints when cars parked in the road were levied on, but did not belong to the debtor. In each case the bailiffs assumed that the vehicle belonged to the debtor, but did not check ownership before making the levy. In one case, having levied on the car, a notice was put through the debtor’s letterbox including the fees. As the debtor did not respond, the bailiffs returned to remove the car, but found it was no longer there. Despite not being able to levy on the goods the bailiffs charged a “van fee” (under head C of Schedule 5 of the 1992 Administration and Enforcement Regulations, as amended) of £105, and posted a further notice through the letterbox to advise the debtor of the new, higher debt.

In three other complaints, involving a different authority, the same thing happened – with levy and van fees being charged for cars not owned by the debtors. In those cases the debtors contacted the bailiffs to say that they did not own the cars. The bailiffs acknowledged this, but still insisted that the levy and van fees were payable. When our investigator queried this with the council, they were told that the bailiffs would have checked with the DVLA before moving the car, but even if the debtor did not own the car the levy fees would not have been removed.

These practices are likely to result in a finding of administrative fault by the Ombudsman. There is no question that when bailiffs have carried out a relevant action, they are entitled to the fees the law allows them to charge. However in these cases the levy and van fees were being charged for goods that the bailiff would not have removed - had the car been found and the bailiffs checked before removal, it would have been found they belonged to a third party.

A council may say that a check would be made before any removal, but this does not prevent possible fault. Some debtors will pay when they receive the levy or other notices, and will pay fees that should not have been charged to them. Levying on a car parked on someone’s drive may appear less problematic as it is more likely to belong to the debtor. But if it does not, and levy and van fees are charged and paid, then the debtor has suffered the injustice of paying fees that were not due.

In all four cases the Ombudsman recommended the same remedy. The levy and van fees should be refunded and the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them. Debtors should pay what they owe, and if a vehicle belongs to the debtor (and any levy would not be excessive) then levying and charging reasonable fees would not be questioned by the Ombudsman.

All councils are encouraged to ensure their written policies say that bailiffs, whether internal or external, do not levy on vehicles without first checking ownership. Failure to do so could mean that any future complaints to the Ombudsman may be the subject of a public report against the authority.


Andrew Hobley is Senior Investigator with the Local Government Ombudsman.

CIS

WRONG 100% the bailiffs are appointed by the courts and not by the local authority

They are licensed by the courts but are appointed under contract for council tax cases by the council

MWB1701

hallowitch wrote: »

you will owe £42.50 in bailiff fees which will have to be paid

levied against a car that does not belong to you this makes the levy and any associated fees (van/attendance) unlawful

do not speak to Jacobs or the bailiff unless you can record the call

e-mail them and tell them that you don't own the car that bailiff Mrs/Mr xxxx levied against therefore you wont be paying the levy fee and associated fees

if they tell you YOU must prove you don't own the car tell them to sod off and do a dvla check

Well I have sent Jacobs 2 emails now - both with read receipts on which confirm they have been read - stating I do not intend to pay their charges on the levy which I consider unlawful - not had a reply at all.

Any idea on my next move?

fluffnutter

MWB1701 wrote: »

Well I have sent Jacobs 2 emails now - both with read receipts on which confirm they have been read - stating I do not intend to pay their charges on the levy which I consider unlawful - not had a reply at all.

Any idea on my next move?

Have you paid the £42?

MWB1701

fluffnutter wrote: »

Have you paid the £42?

No not yet - should I call them and just offer to pay that?

fluffnutter

MWB1701 wrote: »

No not yet - should I call them and just offer to pay that?

I think so. Without knowing too much about bailiff charges, I believe that this original charge is legitimate. There have been no responses on this thread so far that suggest they're not.

If this is the case, these bailiffs aren't going to go away. Charges on outstanding charges aren't legitimate so you can ignore their mutterings about the car (which you don't own anyway) and the £202. But they won't go away if you have an outstanding debt!

Write to them with payment advising that this is in full settlement of the original fee and you expect to hear no more from them.

prawnstar

I've had the 'joy' of a bailiffs visit too in relation to council tax, relax, you have far more rights than you think!

Now you have settled the debt, you may still liable for charges if the bailiffs were appointed before the debt was paid. Below are the statutory charges a bailiff can apply for collection of council tax:

First visit fee: £24.50 This is for a first attendance to levy, but where a levy does not takes place. (For example; where you are not in)
The bailiff can charge a levy fee if they levy, but he cannot charge both amounts on the same occasion.

Second visit fee: £18.00
Despite any further visits, the bailiff can only charge for a maximum of 2 visits.


If you have only received one visit you simply owe £24.50. Do NOT call them about this as they will send someone out to collect the payment and try to charge you for a 2nd visit.



Only communicate in writing so you have evidence of all your dealings with them.



Please also note that bailiffs cannot charge VAT on fees for collection of council tax debts either.


Hope this helps

MWB1701

Just had confirmation through that all I owe them is £42.50 and they will waive any charges associated with the levy on a car I have never heard of - result!!

Just wonder though how many people these cheeky b*sds have robbed who did not know any better?

Thanks to all who helped