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Bailiff - council tax

hello! Just need some clear advice please if anyone can help me - I have been up all night looking online and reading lots of stuff, and I am confused and need to know some clear advice on my situation - I am really worried!

GOt a letter hand delivered through door when I returned home - a bailiff had been while I was out - for council tax (had some money troubles before but I want to sort everything out now I am in a better(ish) position.
the letter was a 24 hours to remove goods, along with an inventory that listed three items - this inventory said I had 5 days to pay in full.
outstanding: £1,044.50. Levy and walking possession: 54.00. Other fees: £110/24.50, Total: £1,233.00.
some things to keep in mind:
1. The car and reg and description was not there on day he visited - also a huge factor im sure is that the car does not belong to us in any way. we are borrowing it at the moment from husbands boss as we needed a vehicle to attend a close family members funeral far away on 7th feb - and we are still borrowing it while we need it for other trips to do with the passing of our family member. so I know it wasn't there as we were far away in it until night time.
2. a trailor tent was listed - again, not ours, we are looking after it for a friend in our garden as they temporarily have nowhere to store it.
3. a gas bbq was listed - that is ours, but its rusty and seen better days - so nowhere near worth the debt owed.

I contacted the council yesterday by email to complain about items listed on this inventory and them not being mine and I explained I want to pay the debt directly to them and wasn't asking for a silly small amount to pay over a long period of time - I said I could pay what I owed THEM over 3 months - it will be hard but I am confident we can do this so it is paid and that I would pay the bailiffs LAWFUL fees directly to them once I find out what their fees are for and what is lawful.
I have asked for their help in getting them to take back the debt and halt the bailiffs actions.
I have a horrible feeling they will refuse and tell me to deal with bailiff but it is worth a try.
I am grieving at the moment and obviously upset enough with that and this has pushed me over the edge - I know the debt is my fault but I am worrying that they are going to return and take all the things on the inventory.. is it honestly likely they will actually take them away on their next visit?
I want to contact the bailiffs by email but not sure what I need to say? I fear any refusal to pay them what they want me to is going to poke the hornets nest and make them even more determined to act even harsher?

what would you advise as my next step.. I have no idea how long the council are going to take to reply.
If I contact the bailiffs by email - what do I need to say please?
I wont be letting them in my house that's for sure, but in their eyes they have these three things written down to take - surely they can look up the reg of the car and no it doesn't belong to us? do I need to inform the company that these items are not ours and see what they say?

couldn't care less about the bbq in the grand scheme of things.. I would rather keep it but Im not going to be too upset if its taken... just cant afford for the things that are not mine to be took.

are the council likely to stop the bailiffs now I have told them the debt will be paid in 3 months? I said three months as I thought they may accept as its a short space of time compared with offering £50 a month or something for months on end.

hope some one can advise me - its really worrying me!
thank you!

Comments

  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 9 February 2014 at 6:27PM
    what bailiff firm is it please
    has this been confirmed by the council £1,044.50


    what did you put in your e-mail about the goods levied not being yours and the car not being there on the day the bailiff levied it


    did you tell the council about the resent family bereavement


    PM me a copy of the e-mail if you want




    your bailiffs a rouge he cant levy goods that are not there
    the only reason for this is to increase his fees


    £24.50 (have you had a hand delivered letter prior to the levy visit)


    Other fees: £110
    This is more than likely an attendance to remove fee and cant be charged the same day as the levy
    It should not be charged under other it should be made clear why the fee is being charged


    £1,044.50. Levy and walking possession: 54.00.


    the is correct a levy fee on this amount is £54 so no walking possession fee has been charged (a walking possession fee can only be charge if its signed by the debtor or his representative and its £12

    Constructive seizure is where a bailiff is not in a position to be able to physically
    contact the goods. This type of seizure is unlawful


    Read the local government ombudsman's report against Blaby council (download full report top right of the page)
    http://www.lgo.org.uk/news/2012/jul/blaby-council-criticised-bailiff-charges/
    have a read of these
    http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210478/Guidance_on_enforcement_of_CT_arrears.pdf
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
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