If a bailiff sees something from your window

hallowitch

Jerryjerryjerry wrote: »

At last. If you click on this link. Then double click on the actual seizure, you should be able to see it. A bit long winded, I'm sorry.

http://www2.snapfish.co.uk/snapfishuk/thumbnailshare/AlbumID=7068044007/a=78509634_78509634/otsc=SHR/otsi=SALBlink/COBRAND_NAME=snapfishuk/

http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm
Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.


lack of info doesn't render the levy unlawful your bailiff should have put

outstanding amount to council
levy fee etc

You need to ask the council the questions i posted (asap)
I would put money on it that there are unlawful fees
what has he put on the car levy

just because he has a bailiff no doesn't mean he is certificated to Equita Please PM me his name

Jerryjerryjerry

I'm in shock a bit.
Just got off the phone to the council and they say I have 3 liability orders. Not 1, not 2, but 3.

the amount of the liability to equita is £1,183.85

chappers

jerryjerryjerry I have emailed you.

I would agree with Hallowitch do both levies have the same reference if so then one or both will be invalid as two levies cannot be made for the same debt. I don't have enough knowledge to tell which would be deemd to be invalid but I'm sure someone else would.
That levy seems a bit sketchy and
I bet a pound to a pinch of 5hit he didn't leave you a copy of his written authority from the council to enforce the debt, nor a copy of the enforcement regulations or a list of the charges he is allowed to make.

One thing that may turn out to be in your favour is that many baillifs aren't the sharpest tools in the box and are very bad at following the correct legal procedure, courts don't like incorrectly filled out forms and missed procedure.

Jerryjerryjerry

chappers wrote: »

jerryjerryjerry I have emailed you.

I would agree with Hallowitch do both levies have the same reference if so then one or both will be invalid as two levies cannot be made for the same debt. I don't have enough knowledge to tell which would be deemd to be invalid but I'm sure someone else would.
That levy seems a bit sketchy and
I bet a pound to a pinch of 5hit he didn't leave you a copy of his written authority from the council to enforce the debt, nor a copy of the enforcement regulations or a list of the charges he is allowed to make.

One thing that may turn out to be in your favour is that many baillifs aren't the sharpest tools in the box and are very bad at following the correct legal procedure, courts don't like incorrectly filled out forms and missed procedure.

Thanks for email. Will read it in a minute.

With regards to reference. Do you mean Bailiff ref? as that's the only reference he's put on the form.

And he hasn't even ticked any of the boxes that he's meant to tick. ie.. council tax box.


As soon as I get home, I'll check the reference and let you know if its the same.

Also, I don't mean to judge, but he doesn't sound very bright. He sounds like a yobbo. Especially when he told me i'd made matters worse. You have asked for it now.. ... hope you enjoy drivin that car around, coz you wont have it much longa... etc. etc.

chappers

Ok don't go panicking do equita only have the one liability order?
If so then the bailiff can only make one levy, can you remeber if the levy for the car was for the same amount as the other goods.
I make the the charges to be incorrect if the original debt is £1183.85
The charges they can charge are £24.50 for 1st visit £18.00 for second visit(this shouldn't have been added to the first levy) and I make the levy charge to be £57.60 he may argue that he has taken walking possession (I would dispute this as you haven't agrreed to this by signing) and that fee is £12 flat rate so in total the levy should be for £1295.95 and that is even giving him the benefit of the doubt over the walking possesion.

What are the dates of the liability orders I only ask as you should be prepared that this may just be the start of your bailiff woes, do understand though that now they have gained entry for one order they cannot use that to force entry, they MUST start again and gain peacable entry for each order.

I doubt anything will happen over the weekend, use the time to get your plan in order.
with your three liability orders find out the references for each and see if they in anyway match any reference he has put on the levies, if he returns it is essential that he shows you a copy of his right to enforcement as you need to match that accordingly with the correct liability order so you can asses if he is trying to collect the correct amount.

If you can I would strongly advise you to pay the amount of the order direct to the council but under the caveat that it isn't an admission of CT owed and then fight the bailiffs fees and the exemption once you have some breathing space.

Also are your three liability orders for 3 seperate years council tax as it seems strange that you haven't had a visit from the bailiffs before.

hallowitch

Jerryjerryjerry wrote: »

I'm in shock a bit.
Just got off the phone to the council and they say I have 3 liability orders. Not 1, not 2, but 3.

the amount of the liability to equita is £1,183.85

ok don't panic

1st visit fee £24.50
2nd visit fee £18
levy fee £59


Total bailiff fee at this stage of enforcement £101.50

the £12 walking possession fee can only be charged if the debtor signs the walking possession agreement

on the face of thing the bailiff has levied against the full 3 liability orders with the first levy this render the 2 nd levy unlawful

there is a lot of bailiff firms charge multiple fees when collecting more that one liability order this is not allowed and Equita have been pulled up by the ombudsman about this before

if you have only had the property just over 1(have i got that correct) year how can there be 3 liability orders

why have you not received any letters from the council you should have had several including court summons and letter telling you bailiffs were going to call

Jerryjerryjerry

Hi there.

We've had numerous letters from the council and others. I think we've even had bailiffs letters before, but I can't remember now. We bought the house in Nov 2009. Therefore, one of the liability orders is for that year, the second is for 2010 and so on.

I will check tonight as soon as I get home from work what it says on the other Seizure order.

Jerryjerryjerry

chappers wrote: »

Ok don't go panicking do equita only have the one liability order?

Yes. Just one. The other two im told belong to BailRoss? Whatever that means.

If so then the bailiff can only make one levy, can you remeber if the levy for the car was for the same amount as the other goods.

Can't remember. Will check tonight and get back to you.

I make the the charges to be incorrect if the original debt is £1183.85
The charges they can charge are £24.50 for 1st visit £18.00 for second visit(this shouldn't have been added to the first levy) and I make the levy charge to be £57.60 he may argue that he has taken walking possession (I would dispute this as you haven't agrreed to this by signing) and that fee is £12 flat rate so in total the levy should be for £1295.95 and that is even giving him the benefit of the doubt over the walking possesion.

What are the dates of the liability orders


I have taken this from a print out my husband gave me at lunch time.

2011 liability 1,120.85 costs 63.00 O/s liability 1,183.85 Bailiff E 08-J (rest of month missing)

2010 liability 1,120.84 costs 57.00 O/S liability 1,177.84 BailRoss 05-M(rest of month missing on print out)

2009 liability 455.18 Costs 0.00 O/S Liability 455.18 Bailross 05 M

Total: 2,816.87 (amount we owe altogether).

I'm ashamed to admit this out loud, but we have received so many letters and we've just thrown them in the skip outside our house, hoping to deal with it once we were able. Now its gone so far.





I only ask as you should be prepared that this may just be the start of your bailiff woes, do understand though that now they have gained entry for one order they cannot use that to force entry, they MUST start again and gain peacable entry for each order.

Thanks. this is useful to know.

I doubt anything will happen over the weekend, use the time to get your plan in order.

OK.

with your three liability orders find out the references for each and see if they in anyway match any reference he has put on the levies, if he returns it is essential that he shows you a copy of his right to enforcement as you need to match that accordingly with the correct liability order so you can asses if he is trying to collect the correct amount.

If you can I would strongly advise you to pay the amount of the order direct to the council but under the caveat that it isn't an admission of CT owed and then fight the bailiffs fees and the exemption once you have some breathing space.

Would I need to pay the whole amount? Do you think? Also, if he does somehow get my car and sell it, and I only owe (only)... huh... £2,816.87, will he give me the balance back that he gets for the car?

Also are your three liability orders for 3 seperate years council tax as it seems strange that you haven't had a visit from the bailiffs before.

Yes. 3 Seperate years.

We bought the house on Nov 5 2009, but have been working on it ever since. We haven't paid a single penny of council tax. But we are on top of every other bill. I don't know why we let this one get buried away and turned a blind eye to it, totally.

Jerryjerryjerry

My husband thinks that we've had bailiffs letters as well before. I'm inclined to agree.

hallowitch

I am very surprised the council haven't taken further enforcement action they can Make you bankrupt, charging order on your property ,go for committal proceeding against you/hubby(wilful refusal)




have taken this from a print out my husband gave me at lunch time.

2011 liability 1,120.85 costs 63.00 O/s liability 1,183.85 Bailiff E 08-J (rest of month missing)
this is the liability order they are collecting now
2010 liability 1,120.84 costs 57.00 O/S liability 1,177.84 BailRoss 05-M(rest of month missing on print out)
this will have been with a bailiff then returned to the council after xxxx months (as per there contract with the council)as Nula Bona (no goods)
2009 liability 455.18 Costs 0.00 O/S Liability 455.18 Bailross 05 M
as above it look likes the same bailiff was instructed to collect both debts
Total: 2,816.87 (amount we owe altogether).

having said that the bailiff cant levy x2 if he has only 1 liability order