Bailiff Charges!

nern

dancingfairy wrote: »

Have you pmed Hallowitch the details? Have youchecked whether the bailiff is certified ornot?
You willneed to write and complain to the council and the bailiffs that the levyis invalid.
This is due to:
1) they have levied on itemswhich are not meant to be onb there.
2) the value of the items is not going to cover the value of the liability order
3) the bailiff maynot be certified?
4) the charges may be incorrect.

Go to national debtlines website and readthe factsheet on council tax regarding the feeswhich can and can't be charged.
Hallowitch should send you a letter tosendout.
Keep calm.
df

Hello DF,
Yes I have pmed hallowitch the details and yes I have checked that the bailiff is certified. The email I sent to the council this morning was basically just asking them to take the debt back. I said I thought the bailiffs were adding illegal charges. I dont know in what way the levy is invalid so I didn't mention that.

nern

dancingfairy wrote: »

Not too sure they would tryaand enforce an invalid levy with insufficeint goods tobe honest. It's morelikely a scare tactic,but if they did they could find themselves inmore trouble. Frankly your old furniture is not really ofany interest to themand they don't really want the hassle of collecting it, storing it, trying to sell it etc (apart fromtheycancharge you morefees) when they could have cash. That's what they actually want and it's used as a means to apply pressureto you tofind the money.
Keep calmand seehowyour email to the council goesdown. Haveyou cc'd inthe bailiffs at all?
df

No I didnt cc the bailiffs. My furniture wouldn't even cover half the cost they are asking for. I've calculated they have already added £275 to my original debt.

nern

Have just had another letter hand delivered from the bailiffs. It is just a duplicate of the 'default notice' they hand delivered last week. Surprisingly they haven't added anymore charges. They want me to contact them immediately or they will be back to recover goods. I know when I phone them they will ask for a ridiculious amount of money that I don't have.
What should I do???
Which items on the inventory of goods are exempt?
The charges they have applied so far are £129 on the day I let him in to arrange my payment plan and £146 for them to hand deliver the first 'default notice'. Are these fees wrong?
I have looked on the National Debtline website and Im pretty sure these fees are not right.

RAS

Hi

You need to wait for hallowitch to come back but please do not start a wrangle with the bailiffs now about the fees until you have sorted out the invalid levy.

They can charge £24.50 for the first visit and about £50 for the levy (as long as they do not charge both on the same day).

hallowitch

hi nern sorry i haven't got back to you (Ive hurt my back and cant get comfy to type)

you need to make a formal complaint to the council regarding the levy because of the goods levied are exempt (the bailiff knows he shouldn't put exempt goods on the levy )

they are exempt under the council tax administration and enforcement regulations 1992 (amended) the remainder of the goods wont cover all bailiff fees removal fees auction fees and a portion of the principle debt

nern

hallowitch wrote: »

hi nern sorry i haven't got back to you (Ive hurt my back and cant get comfy to type)

you need to make a formal complaint to the council regarding the levy because of the goods levied are exempt (the bailiff knows he shouldn't put exempt goods on the levy )

they are exempt under the council tax administration and enforcement regulations 1992 (amended) the remainder of the goods wont cover all bailiff fees removal fees auction fees and a portion of the principle debt

Hi Hallowitch, sorry to hear you have hurt your back :-(
Have you got a template of a complaint letter I can send as I haven't got a clue what to write. Who do I address the letter to and do I send a copy to the bailiffs? What should I do about the 'default notice' they hand delivered earlier today? It says to contact them immediately.