Council Tax Debt

National_Debtline

Hi

If you didn’t sign the controlled goods agreement it isn’t correctly executed and the vehicle hasn’t been taken into control. Plus there is the issue of the incorrect number plate as sourcrates mentions. Keep your car somewhere that the bailiff will not be able to access it such as a garage or private property, or somewhere well out of the way. If the bailiff comes back and finds the car they can still take it away regardless of whether you sign the agreement or not.

Vehicles which are required for a trade are only exempt if they're worth up to £1350.

James
@natdebtline

Smart_Mart

I didn't sign the agreement, he just came back and handed it to me. The registration number is wrong on the main form but on the list of goods taken into control, he's got it correct.

ND - can I DM you a copy of the agreement please so you can see it for yourself?

National_Debtline

Smart_Mart wrote: »

ND - can I DM you a copy of the agreement please so you can see it for yourself?

I'm not sure there's anything I could add really. If you haven't signed it the agreement isn't valid. It's that simple.

James
@natdebtline

Smart_Mart

National_Debtline wrote: »

I'm not sure there's anything I could add really. If you haven't signed it the agreement isn't valid. It's that simple.

James
@natdebtline

Okay, fair enough. Thanks James. :T

CIS

I would have added as above - the signature is required as per the Taking Control of Goods Regulations 2013 for it to be a valid agreement:

15.—(1) This regulation applies where a controlled goods agreement is entered into under paragraph 13(1)(d) of Schedule 12.

(2) The agreement must be in writing and signed by the enforcement agent and—

(a)the debtor;

(b)the person authorised by the debtor in accordance with regulation 14(1)(b); or

(c)the person in apparent authority in accordance with regulation 14(1)(c).

Craig

Smart_Mart

Thanks Craig, much appreciated.

This business of which Mr Cohen is which is now puzzling me. The guy that came today is on Facebook, is black, quite unfriendly and intimidating and is on FB as James Cohen.

The guy that has come previously is also James Cohen on FB, is dark skinned, swarthy I think the word is, is slightly more friendly and not at all intimidating.

I'm utterly baffled and maybe it is just one of those coincidences I suppose. What's the chances of two James Cohen's working for the same bailiffs firm in the same city?

ETA: Scrub that, looking on Facebook, it looks like father and son. Bloody hell.

National_Debtline

It’s worth checking whether the bailiff tries to add any additional fees related to taking control of goods. They will not be valid either without your signature on the controlled goods agreement.

James
@natdebtline

CIS

Smart_Mart wrote: »

Thanks Craig, much appreciated.

This business of which Mr Cohen is which is now puzzling me. The guy that came today is on Facebook, is black, quite unfriendly and intimidating and is on FB as James Cohen.

The guy that has come previously is also James Cohen on FB, is dark skinned, swarthy I think the word is, is slightly more friendly and not at all intimidating.

I'm utterly baffled and maybe it is just one of those coincidences I suppose. What's the chances of two James Cohen's working for the same bailiffs firm in the same town? Both of them have the same mutual friend of mine, I'm tempted to ask him what the score is?

Bizarre but Rundles do actually have 2 James Cohen's, both registered at Bristol ! - https://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search=cohen

Fergie76

By all accounts this website is very good for dealing with Bailiffs - http://bailiffadviceonline.co.uk/

I think it costs about £10 for advice, but by all accounts is more than worth it. I have never used the site, but it is recommended on the parking forum for people dealing with Bailiffs and the person that runs the site also sometimes posts on the parking forum.

Smart_Mart

It turns out I used the wrong term when describing which form I had been given by the bailiff. What I have been given is a "notice after entry or taking control of goods (on a highway) and inventory of goods taken into control" which seems entirely different to what I described, my apologies.

I have contacted Bailiff Advice Online who suggested that I write an email to the bailiffs, copying in the local council's recovery department, stating that the car is (a) exempt as it is not worth the £1,350 value it needs to be, to be seized (?) and (b) as I need it to earn 95% of my self employed income, it should be a tool of the trade. Offered £50 a month repayment too.

Bailiff's PA emailed back today saying that wasn't enough and that the EA would continue. No mention of the exemption or the car's value. Have moved the car away from the house until this is settled.