Council tax bailiff removed and sold my car for a fraction of the debt.

secrow

Hi there, any help gratefully received. I have recently had my car removed and sold at auction by local council enforcement agents. I owed £714 on this warrant, my car sold at auction for £210. His own valuation of the vehicle was £300-400 although I showed him a webuyanycar valuation at £225 Is there any way I can complain in retrospect ?(I know I ain't getting the vehicle back) I have three other council tax debts (I have an arrangement to pay £194 per month on them) and am currently going through a debt relief order, I advised the agent of this. I had 18 pence in the bank when he came for the car and I showed him a real time bank balance. He told me to borrow the money!! My five children and most of the street were out while this was going on. I work, not entitled to c.tax benefit and have been struggling for years with debt. I normally manage to clear the arrears ( currently they date back to 2013-14) The first contact with the Enforcement agents was by way of a letter hand delivered stating that ‘If you do not contact me I will arrange to re-attend your property with a vehicle, porter and locksmith (if appropriate) with a view to gaining entry and removing goods/assets to clear this debt.’ I phoned and arranged a time to meet him. I explained that I was a father of five, working and struggling with basic living costs, that I had not prioritised any debt over council tax, other than rent (suspended possession order) and requested that he send the debt back to magistrates so that I could ask the court/council to make me bankrupt (CAB advised I would qualify for bankruptcy but would be liable for the cost, I can't afford to do bankruptcy lol). I explained that I was already paying £200 a month on c.tax and could afford no more. He said he would take my car, I think I said "whatever" and left him outside my house. Shortly after he posted through a controlled goods agreement through saying that I would pay £50 per month for this debt. This document does not have my signature on it but he did print my name on it in his own handwriting. The rest is history and the car was removed for sale and sold for £210. Apologies for rambling but I really needed that little rust bucket for commuting and as a diabetic with varying health conditions, I also needed it for the many hospital visits I have. Not to mention getting the five kids where they need to be. I had a large surgery last year that also impacts on my mobility and again, I explained all this to him. Is it worth complaining (I thought goods should only be removed if they would clear most of the debt) or do I need to give up the ghost on this?
Many thanks in advance.
Paul.

CIS

The car is sold at the open auction value - unless you can show the auction wasn't carried out in an open manner to get the value it did then you have no complaint in that respect.

HappyMJ

secrow wrote: »

Hi there, any help gratefully received. I have recently had my car removed and sold at auction by local council enforcement agents. I owed £714 on this warrant, my car sold at auction for £210. His own valuation of the vehicle was £300-400 although I showed him a webuyanycar valuation at £225 Is there any way I can complain in retrospect ?(I know I ain't getting the vehicle back) I have three other council tax debts (I have an arrangement to pay £194 per month on them) and am currently going through a debt relief order, I advised the agent of this. I had 18 pence in the bank when he came for the car and I showed him a real time bank balance. He told me to borrow the money!! My five children and most of the street were out while this was going on. I work, not entitled to c.tax benefit and have been struggling for years with debt. I normally manage to clear the arrears ( currently they date back to 2013-14) The first contact with the Enforcement agents was by way of a letter hand delivered stating that ‘If you do not contact me I will arrange to re-attend your property with a vehicle, porter and locksmith (if appropriate) with a view to gaining entry and removing goods/assets to clear this debt.’ I phoned and arranged a time to meet him. I explained that I was a father of five, working and struggling with basic living costs, that I had not prioritised any debt over council tax, other than rent (suspended possession order) and requested that he send the debt back to magistrates so that I could ask the court/council to make me bankrupt (CAB advised I would qualify for bankruptcy but would be liable for the cost, I can't afford to do bankruptcy lol). I explained that I was already paying £200 a month on c.tax and could afford no more. He said he would take my car, I think I said "whatever" and left him outside my house. Shortly after he posted through a controlled goods agreement through saying that I would pay £50 per month for this debt. This document does not have my signature on it but he did print my name on it in his own handwriting. The rest is history and the car was removed for sale and sold for £210. Apologies for rambling but I really needed that little rust bucket for commuting and as a diabetic with varying health conditions, I also needed it for the many hospital visits I have. Not to mention getting the five kids where they need to be. I had a large surgery last year that also impacts on my mobility and again, I explained all this to him. Is it worth complaining (I thought goods should only be removed if they would clear most of the debt) or do I need to give up the ghost on this?
Many thanks in advance.
Paul.

What I would do is stop paying any council tax at all. You said you are paying £200 a month. I would then save up for at least 2 months and buy another car. You can have a car worth up to £1,000. Once you've done that then get a debt relief order and this years council tax will be included in the DRO and you can keep the car. I would also put the car in someone else's name but you have the insurance in your name.

Are you eligible for a MOTability car? I'd consider getting one of those which also cannot be touched by your creditors.

secrow

Fair enough, thanks for your time.

fatbelly

FYI

You can still have a DRO while owning a <£1000 car AND having <£1000 in cash and other assets.

And you can put current year Council Tax in the DRO as soon as you have lost the right to pay in instalments.

It is VERY rare for a bailiff to remove goods - and this shows why. The net gain after fees and charges is often very little and not worth the effort.

I think the mistake you made was engaging with the bailiff and particularly telling him you were getting a DRO. You were telling him that time was short for him to get access to your assets.

If you are getting a DRO then Happymj's advice seems good.

Rosylee

I don't have any advice as I don't know much, but I just wanted to give you a virtual hug and say hang in there x

System

fatbelly wrote: »

It is VERY rare for a bailiff to remove goods - and this shows why. The net gain after fees and charges is often very little and not worth the effort..

Maybe its because the OP appears to be a serial council tax debtor

I have three other council tax debts (I have an arrangement to pay £194 per month on them)

and it was decided that a wake-up call was needed.

DorisTrousers

See https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/353396/taking-control-of-goods-national-standards.pdf

Hope that works, see point 66.

I should say that clearly the bailiffs knew that the value of the car was not proportionate, and that most if not all of the return was going to be swallowed up by their own fees.

I personally think that you have grounds for complaint to the bailiff firm, their trade body, the council itself (they instructed and so therefore carry some responsibility) and maybe the Local Government Ombudsman. Sounds very much to me as if this action was nothing short of spite.

sourcrates

!!!!!! wrote: »

Maybe its because the OP appears to be a serial council tax debtor and it was decided that a wake-up call was needed.

I doubt the OP set out originally with this intention.

It appears the health issues may possibly be to blame.

As the ex husband of a spouse with long term health issues, I can understand completely the impact on your life in general, this would have.

fatbelly

DorisTrousers wrote: »

See https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/353396/taking-control-of-goods-national-standards.pdf

Hope that works, see point 66.

I should say that clearly the bailiffs knew that the value of the car was not proportionate, and that most if not all of the return was going to be swallowed up by their own fees.

I personally think that you have grounds for complaint to the bailiff firm, their trade body, the council itself (they instructed and so therefore carry some responsibility) and maybe the Local Government Ombudsman. Sounds very much to me as if this action was nothing short of spite.

Also see

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210478/Guidance_on_enforcement_of_CT_arrears.pdf

secrow

Serial debtor is a bit harsh, although true. I am paying £200 per month to clear those debts and simply cannot afford anything more. I do not have excess income, despite working upwards of 60 hours a week. The bailiff smirked his way through the whole process. No wake up call needed, I live this life and have done for the last three years. I do not smoke, drink, take drugs nor do I have catalogues or credit cards or any type of 'frivolous' debt and still cannot stay afloat. The rise in cost of basic living has pushed me into this situation as my circumstances have not changed in 14 years, same job, small wage increase (1% per year) has simply eroded everything.

Thanks for the replies though.