Council Tax and Baliffs

hallowitch

scrap that post i just notice the car levied is another posters query

jayjay2910

no notice of seizures on any vehicle(dont own one) just the one he say on the chairs and dressers, i dont remember him giving me anything stating that, have checked the letter he left, it was just about the argeement being made.

and will fire off that letter today

hallowitch

jayjay2910 wrote: »

no notice of seizures on any vehicle(don't own one) just the one he say on the chairs and dressers, i don't remember him giving me anything stating that, have checked the letter he left, it was just about the agreement being made.

and will fire off that letter today

re read the thread and its another poster that had his his car levied
gets quite confusing when that happens

I'm debating whether a letter/e-mail should be sent to his employer (the one he is certificated to) because its there bond any charges would come from if a form 4 or regulation 46 complaint is made and upheld

moofychops

Hi,
Surely the answer to balliffs pushing their way in is to fit a £5 door chain, thus ensuring that the occupant is safe from all this. More so perhaps ladies, girlfriends, or elderly etc.
We fitted one years ago and it is always connected.
Ron

hallowitch

Don't send this yet i wouldn't mind some feed back from other informed posters (I know the issuing court would send a copy to his employer )
but wouldn't it be nice to let his employers know he is moonlighting using there bond

Name
Address
To whom it may concern
Dear Sir
Certificated Bailiff Mr Cohen appears on the bailiff register as certificated to xxxx xxxxx Ltd
An irregular levy was issued by the said bailiff on Behalf of another Firm of bailiffs for xxxxx local authority on (date)
As things stand xxxx local authority and this bailiff firm confirm that the bailiffs levy stands and fees will not be removed Mr Cohen confirmed in his last letter left at my premises goods may be removed
As a Form 4 complaint under the distress for rent rules 1988 or a regulation 46 complaint under The Council tax( Administration and Enforcement) Regulations 1992 (Amended) may be needed to resolve this complaint
I am unsure if a copy of any complaint issued under the above regulations should be sent to you as his employer as his bond is held by your company or to the Firm of bailiff who instructed him to levy Distress on their behalf or both
please confirm if legally you as his employer should receive a copy of any complaint made under any of the above regulations

vax2002

Ask them to provide a copy of the liability order and a case number for the court hearing.
They wont have either.

jayjay2910

cheers for the advice guys letter drafted and sent to the council by email and vax2002 ive read in other posts that asking for copies of the liabilty orders and case numbers dosent usally work.

jayjay2910

update on the situation - council resposned saying they have passed my complaint to the bailiffs to investiagte, got a letter last night when i got home from rundle's stating the bailiff certificate is their personal property which is renewed every 2 years and the bailiff is free to apply for the bond in what ever name suit's their circustamces. the reason for the incorrect time, was the bailiff information was relayed via a mobile device that lost singal and as a good will guesture they have removed all charges from the account. but they are still stating he was allow to enter the property but as far as the hall that was how he levied on the chairs and wardrode.

Im going to write back to the council as a copy has been sent to them, just want to know how i can dispute the bailiff verison that he entered the property but only as far as the hall

hallowitch

It your word against the bailiff I'm afraid the council will always side with the bailiff

you have had a result of sorts (all fees remove) believe me if the bailiff/newlyns thought the levy was legal they would not have removed the fees



council responded saying they have passed my complaint to the bailiffs to investigate


If you want to you can send a respond to this e-mail saying that your formal complaint it for the local authority to investigate under there complaints procedure not the bailiff firm (they cant pass the buck the buck stops with the council


the bailiff is free to apply for the bond in what ever name suit's their circumstances
correct however
If that the case then the bailiff should have left his previous employer and lodged another bond at his issuing court bonding him to newlys

the Ministry of Justice Public Register of bailiffs on 020 3334 6355 should be able to give you the answer to this (they should also be able to tell you if they can work for 2 firms enforcing councils tax debt under the same certificate if that certificate is with another firm of bailiffs)

Have a read of this thread look at the letter i wrote post 12 (wish i had thought about the breach of contract and data protection act )
note the questions the op is asking the council
https://forums.moneysavingexpert.com/discussion/3752825

jayjay2910

well another day another letter from the bailiffs -after sending the email as per hallowitchs last post, telling the council that the compliant should be dealt with under their complaints procedure. they passed it on to rundles - who suprise suprise have said Mr Cohen has reiterated he statement that he entered my property as far as the hall as this was all i would allow him to do as my family was alseep still ( umm yeah it was 6.30am) and if i wish to file a formal form 4 compliant i am entitled to do so but Mr cohen will contest this most rigourlsy and stands by his statement and should the court find in his favour i will be liable to all costs

is it worth taking this further and filing the form 4 complaint, i had all the charges wavied already and feel like im banging my head against a brick wall, its my word against the bailiffs, my fiancee is willing to back me up and say he didnt at any time enter my property but then again he could say off course she will say that she your partner.

any advice or ideas would be grateful.