Council Tax Arrears help

hallowitch

srosser wrote: »

Sorry now understand. The goods levied are:-

Dining table and chairs
Couple of shelving units
Computer
Computer desk and chairs
TV
Settee and chairs
Sideboard

2 original Form 7's

1: Amount owing £1156
2: Amount owing £220
1: Bailiff Costs £118
2: Bailiff Costs £109
1: Total to Pay £1274
2: Total to Pay £329.50

Started Nov 2011, Paid £150 Nov and Dec, 8 days late with Jan so had to pay £173.50, Paid £150 Feb

New arrangement posted through door asking for £200 pm starting from 26th Feb

Does this help at all?

did the notice of seizure's have these fees broken down as in
this is for dept 2 (haven't worked out debt 1 yet)

Visit fees £42.50
levy fees £ 30
walking possession fee £12
Hedder h fee £24.50

(you will now have a van fee added to this debt or both debts because of your missed payment (anything from £110-£220)


the cant levy the same the goods x2 they cant charged multiple fees for one visit however to get the fees removed you may/will have to go through the councils formal complaint procedure then to the ombudsman

there is already a ombudsman's ruling against Equita bailiffs and rossendale council confirming this

please don't be offended but is the TV top of the range
shelving units Argos type shop or posh designer shop (same for other stuff)
these goods have to have an auction value so if your computer was old it would only make a few pounds at auction
Dining table and chairs(could be exempt)
Settee and chairs (exempt)

how many people live in your home (have a read of this )
Irregular Distress (Levy) by bailiffs

[edit]MRS AMBROSE v NOTTINHGAM CITY COUNCIL
This is another well known legal cases that has been relied upon many times when either issuing proceedings, or one that can be referred to when writing a letter of complaint. This case concerns a lady by the name of Mrs Ambrose who claimed that a levy (distress) was irregular as bailiffs had removed goods from the home that were necessary for “providing the basic domestic needs of the family”
Background:
Mrs Ambrose and her husband had an unpaid Council Tax bill for £851.00 owing to Nottingham City Council. In September 2003, Rossendale’s bailiffs attended at their home to levy distress on goods. Rossendale’s had entered the property, where they identified items that were listed on a Walking Possession. Next to those items listed, the bailiff wrote the words: “and all other goods on the premises unless exempt or specially exempt by statute.” The bailiff had not looked around the house; he had merely entered one room and was therefore unable to see which items were “exempt”
Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 lists the following items as being exempt from seizure:
"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"
"Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
As the Council Tax remained unpaid, the bailiff returned with a van to seize furniture that included a sofa, footstool and two dining chairs.
District Judge Cooper agreed that the seizure was irregular as the bailiff had removed furniture that was necessary for “satisfying the basic domestic needs of Mrs Ambrose and her family” This was because, amongst other items removed, the bailiffs had removed 2 dining chairs. They left behind the table and the remaining two chairs. As the family consisted of Mrs & Mrs Ambrose and one child, the bailiffs should have left seating for 3 people, not two.
Nottingham City Council had argued that there could not be any irregularity as Mrs Ambrose had signed the Walking Possession. This was rejected by Judge Cooper who agreed that Mrs Ambrose was faced with the prospect of having her goods removed unless she signed the Walking Possession.
As important as the above is, the Judge also agreed that the wording on the Walking Possession was deficient in that the reference to “all other goods on the premises unless exempt” did not specify what those other goods were, and which ones were exempt. The Judge agreed that the levy was also irregular for this reason.



Is your bailiff certificated to the firm he is employed with
http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

srosser

did the notice of seizure's have these fees broken down as in
this is for dept 2 (haven't worked out debt 1 yet)

Visit fees £42.50
levy fees £ 30
walking possession fee £12
Hedder h fee £24.50

(you will now have a van fee added to this debt or both debts because of your missed payment (anything from £110-£220)


the cant levy the same the goods x2 they cant charged multiple fees for one visit however to get the fees removed you may/will have to go through the councils formal complaint procedure then to the ombudsman

there is already a ombudsman's ruling against Equita bailiffs and rossendale council confirming this

please don't be offended but is the TV top of the range
shelving units Argos type shop or posh designer shop (same for other stuff)
these goods have to have an auction value so if your computer was old it would only make a few pounds at auction
Dining table and chairs(could be exempt)
Settee and chairs (exempt)

how many people live in your home (have a read of this )
Irregular Distress (Levy) by bailiffs


Reply to Hallowitch:
I cant see anywhere where the fees are broken down - will dig all the paperwork out tonight and go through thoroughly.

Quite a nice flat screen tv not top of the range
Computer is fairly new (just over a year) - could they remove this with all our personal information on it - all my husbands accounts etc are stored on this
Dining room chairs faily expensive (£50 quid each)
Everything else very basic.
Settee and chairs over 15 years old

There are 3 of us living at home including our son under 16.

Will have a look at the register tonight.

Off home now from work - will look in again tonight.

Thanks again for taking the trouble to look into this

FireWyrm

Just giVing you a bump.

Do exactly as Hollowitch says...her advice in this matter is gospel.

FireWyrm

Oops..double post...

Bad computer!

srosser

For Hallowitch,

Bailiff is registered.

No itemised bailiff fees, just a lump sum as stated on previous post. These were paid on the first visit 4th Nov £227.00 then our first payment was due 26th Nov at £150

The two inventory's are the same for debt 1 and 2.

Should we pay the additional £50 somehow so that we have paid £200?

sofi3353

how can i start my own thread as i am new to this site.
also my liability value of council tax is £850 but the bailliffs want £1120 and i really dont know what to do.
i am scared as they have levied on the car but the car is on a hp agreement so legally they not allowed to take it.
i have up until tomorrow to get the money together but i dont have the money because if i did have it then i would pay it off asap and get rid of these bailiffs.

RAS

sofi3353 wrote: »

how can i start my own thread as i am new to this site.
also my liability value of council tax is £850 but the bailliffs want £1120 and i really dont know what to do.
i am scared as they have levied on the car but the car is on a hp agreement so legally they not allowed to take it.
i have up until tomorrow to get the money together but i dont have the money because if i did have it then i would pay it off asap and get rid of these bailiffs.

Go to this page http://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=76

At the top and bottom of the list of thread, on the left hand side it a button called new thread

srosser

Sorry but need more help.

Bailiff message left to say that coming to remove goods today because we have only paid £150 instead of £200, even though have queried why the repayment was changed from £150 to £200 without our agreement.

msg says charges of £140 for visit today as well.

Really not sure what I can do other than let them take the goods away.

RAS

srosser wrote: »

the cant levy the same the goods x2 they cant charged multiple fees for one visit however to get the fees removed you may/will have to go through the councils formal complaint procedure then to the ombudsman

there is already a ombudsman's ruling against Equita bailiffs and rossendale council confirming this


Reply to Hallowitch:
I cant see anywhere where the fees are broken down - will dig all the paperwork out tonight and go through thoroughly.

Did you ever get the breakdown?


Quite a nice flat screen tv not top of the range - they can possibly take this

Computer is fairly new (just over a year) - could they remove this with all our personal information on it - all my husbands accounts etc are stored on this - you need to get a statutory decalaration informnaing them that this is a business asset rather than a domestic asset - NOW.

Dining room chairs faily expensive (£50 quid each) - they have to leave three of these and I doubt that will get a tenner for each?
Everything else very basic.
Settee and chairs over 15 years old - they have to leave seating for three and even if they did take them they have no resale value.

There are 3 of us living at home including our son under 16.

They need to be able to seize about £10000 worth of stuff from you to cover this debt.

They cannot do that, so they should return the debt to the Council.

Herbie21 runds and advice line but it costs. In your situation it may well beb wiorth the cost.

Will find and post the link.

RAS

Details here

Herbie21 runs this web-site http://www.bailiffadviceonline.co.uk/ - 0906 802 0273 (60p a min)

try sending her a PM and she may well answer it here for free.

Also ask her to read this thread if you call her.