Council Tax and Baliffs

HappyMJ

jayjay2910 wrote: »

thanks again folks, i am happy to ignore them, just the other half is getting worked up over it, but know i have direct her to this thread, and the various websites dealing with bailiffs powers she is happy to ignore them and if they do turn up, she will talk to them via the letter box.

no me & my girlfriend have only recently moved in together, i lived at the previous property on my own, i moved into her place

Why talk to them? They will only convince you to open the door, they WILL use the threat of locksmiths and police. They have done it before and will continue to do it. They won't actually call them though but if you are talking to them through the door they will stay for ages hoping you will relent. Last time I accidentally opened the door thinking it was a mate they stuck their foot in the door and we had a stand off for 2 hours. Waste of time that was the police came out asked them to remove their foot. I closed the door and that was it.

jayjay2910

thanks for all your help folks, still nothing back from the baliffs so stuff them, they oviosuly arent going to play nice, so why should i, will tell my better half not to bother talking to them and to ignore the door if they call again or when, and then they can send the debt back to the council and i can sort it with them.

hallowitch

did your girlfriend live with you in the property that the liability order relates to
did you move into her house or did you move in together at the same time

The bailiff cant levy your girlfriends goods for your debt the answer to the above questions could help

jayjay2910

hallowitch, i did answer your question in my previous post, but no problem, no my girlfriend, didn't live with me then, and ive moved into her place recentely

hallowitch

jayjay2910 wrote: »

hallowitch, i did answer your question in my previous post, but no problem, no my girlfriend, didn't live with me then, and Ive moved into her place recently

cracked it

get your girlfriend to go to a solicitor and ask for a statutory declaration
this will cost her approx £10

ask for 1 original and 2 notarised copy's send 1 notarised copy to the council and 1 to rundle & co (recorded delivery)

lappy playing up will post sat dec template up when i can access it

this will stop both the council and the bailiffs in there track's as its a legal document

hallowitch

the solicitor will keep you right on the exact wording but it goes something like this

STATUTORY DECLARATION



To: (the bailiff firm) (their address)


I (your g/f name)

of (there address)

Do solemnly and sincerely declare that:

the items listed (list them TV, DVD, XBOX , STEREO, ect ) are not the property of (your name) and (reason why )( goods were purchased by myself before Mr xxx moved into my property ) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.


signature

Declared at

On the day of two thousand and

Before me

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for OathsBefore me

footrot

I emailed and faxed hallowitch's letter to Newlyn bailiffs. The seven days have now passed and I have received no response. What do I do now?

For the record - I received two hand delivered letters, the second one had the title " notice of distress".

It has the original debt (council tax) listed correctly (I checked with the council). But under Bailiff Charges it says £251.50, there is no breakdown. I thought that the two "visits" to deliver the letters would be £24.50 and £18.00. So I cant see where they get the figure of £251.50 from.

Can anyone advise what I should do now seeing as they have not replied in the seven days required?

Thanks

hallowitch

footrot wrote: »

I emailed and faxed hallowitch's letter to Newlyn bailiffs. The seven days have now passed and I have received no response. What do I do now?

For the record - I received two hand delivered letters, the second one had the title " notice of distress".

It has the original debt (council tax) listed correctly (I checked with the council). But under Bailiff Charges it says £251.50, there is no breakdown. I thought that the two "visits" to deliver the letters would be £24.50 and £18.00. So I cant see where they get the figure of £251.50 from.

Can anyone advise what I should do now seeing as they have not replied in the seven days required?

Thanks

your next port of call is a formal complaint to the revenues department of your council

Is the bailiff certificated to the firm he works for
www.hmcourts-service.gov.uk/CertificatedBailiffs this list is not always 10% accurate if you cant find the bailiff or he is certificated to a different firm of bailiffs you need to Ministry of Justice Public Register of bailiffs on 020 3334 6355 and ask
if he is certificated ,to what employer , and on what date, at what court you may have to phone the issuing court also to see if he has applied for a change to his certificated if he is not employed by newlyn


the notice of distress you were left can you tell us what is written on it ?

Please be very careful if you have a vehicle its not unknown for a bailiff to charge a levy fee then do a drive past at a later date (usual after the fees are questioned) to obtain the reg of the debtors vehicle

its also not unusual to be charged a levy on a random vehicle and the notice of distress/seizure is not left at the debtors address again its only after you question the fees that this comes to light

you are correct that fees should be £24.50 and £18 with no levy

your bailiff should have given you a breakdown of fees on each visit

http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/enforcement/agents02.htm
Information and confidentiality

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.

footrot

OK, the notice reads

Take notice, that by virtueof the Authority of a Magistrates Court Liability Order dated Sept 23 2011, etc..................I have this day attended the prmises at (my address) to seize and distrain upon goods and chattels for the sum of £1047.37.

Unless the siad community charge/non domestic rate/council tax, together with all the costs, charges and expenses specified below, are paid within five days from the date hereon, the goods will be sold in accordance with the law,

Dated this day 25 day of 11 2011 Signed (there is a squiggle)

Non domestic rate/council tax £795.87 (this bit is correct, I checked with the council, and this includes the court order)

Court costs £0.00

Bailiff charges £251.50

Paid £0.00

Total payable now £1047.37

Inventory of goods seized and distrained to which the above notice refers
(then is hand written the make and model and reg of our vehicle. this vehicle has now been removed by us to somewhere safe!)

Then there is a Form of Walking Possession Agreement at the bottom of the page, not signed by anyone, and most def will not be signed by me!

As I said, there was a knock at the door, I opened, they handed me this letter and walked away without saying a thing, so how could they have come to "seize and distrain upon goods and chattels", they didn't even speak to me.

By the way, it took me ages to find your reply to my question, how do I get back here after I go away from this site!!!!!

Thanks

jayjay2910

hi footrot, best thing to do is watch the thread, so when u sign back in you will be able find easily on you account details .

now onto the dear old bailiffs - the fee's quote by them are stupid and if they haven't gained entry into your property and there isnt a signed walking possession argeement then they can go *** up a flag pole, if they have make a levy on a vehicle which isnt yours then get them to sort it out, i had numerous problems and bailiffs making false claims with letters stating how they where gonna remove all my worldy goods etc.

Thanks to the advice and help of hallow and happymj, they have accepted my offer of £50 per month after much hassle and the council saying they wanted £200 a month nothing less, i rang the bailiffs on numerous occasion from a recorded line each time, saying have you heard back from your head office on my offer each time they said they where still waiting, and then last week about 6.15am the bailiff was knocking on my front door, so i got out of bed(not impressed as it was a day off) and went out and spoke to the guy, he tried to say can i come in for a chat etc,

i said clearly you are not coming in under any cicrcustamces. and i know you have no rights to force entry, so i went and stood outside in my dressing gown(not a pretty sight lol) and sorted it all out, he was pretty much polite and didn't press the issue of coming in at all, and was reasonable and when i went through my budget which i happen to memorised lol he agreed the repayment plan with me there and then.