Chandlers Baillifs Bristol and Council Tax confusion!

CIS

You say there is no reason for them to do so, even if we didn't receive the letters? You say its up to me to prove I did not receive them, how is that possible?

The presumption in law is that providing that they are stamped, addressed and posted that Royal Mail will deliver the letters, it's presumed that none (or very few) go missing so that delivery is pretty much guaranteed. If you could (not sure how) demonstrate it wasn't delivered then you could refuse that.

If I call them up and explain the whole situation, and they so no, we can't do anything about it, is there anything else I can do? Or is it as simple as just having to pay the bailiffs at that point?

Pretty much the only option would be to pay to stop the agents if the council don't withdraw. You could then try a complaint but I can't see that you'd have a case on what's been posted so far.

Is there any possibility of a reduced fee from the bailiffs if i say we never received any warning? Or just any way out of this at all if the council says no?! I'm so annoyed with them all, I can't believe it

Where the enforcement agent has incurred the fees by acting on the case it's very unlikely - unless the council admitted fault somewhere and paid the fees (not a particularly common occurrence) .

Craig

delmonta

Wow that doesnt sound very good. So I have to just try explaining to the council and if they say now then I have to pay the whole amount. I'm going to kill the agents!!

I wonder if they will consider paying some of the fee. I doubt it. grrrr

Thanks again for your help....if anyone else has anything to add or any advice I'm all ears

CIS

delmonta wrote: »

Wow that doesnt sound very good. So I have to just try explaining to the council and if they say now then I have to pay the whole amount. I'm going to kill the agents!!

I wonder if they will consider paying some of the fee. I doubt it. grrrr

Thanks again for your help....if anyone else has anything to add or any advice I'm all ears

It was always quite common to have some rather timid agents on the phone about 10 minutes after discussing with a landlord as to why they were with an enforcement agent. "Hello, it's XYZ agents, We'd like to pay the landlord's enforcement fees in full..."

Craig

delmonta

So sometimes the agents did take responsibility for it and pay? Thats hopeful, although I wont get my hopes up. As far as I am concerned it is their faulty. I live hours away and they get all the post and communications

Herbie21

delmonta wrote: »

Thanks again for your help....if anyone else has anything to add or any advice I'm all ears

CIS has got heaps of experience with these matters and I agree with everything that he advised so far.

All I would add is that there is nothing to lose from speaking with the council on Monday....

delmonta

Thanks guys

I posted on another forum at the same time as this and I seem to be getting contradictory advice than from here? Can anyone have a look at this and tell me what they think?

http://www.bailiffhelpforum.co.uk/viewtopic.php?f=3&t=4578&p=67522#p67522

He is saying if I pay the council tax then the bailiffs have no right to chase me?

Herbie21

delmonta wrote: »

Thanks guys

I posted on another forum at the same time as this and I seem to be getting contradictory advice than from here? Can anyone have a look at this and tell me what they think?

http://www.bailiffhelpforum.co.uk/viewtopic.php?f=3&t=4578&p=67522#p67522

He is saying if I pay the council tax then the bailiffs have no right to chase me?

The decision must be yours. The website's owner (a Will Writer) is aware that his argument failed in court and his client was ordered to pay £7,000.

Read the judgment for yourself and pay particular attention to paragraph 14 as follows:

Having considered carefully the provisions, I find that I agree with the defendant;

No amount of reinterpretation of the Regulations, it seems to me, comes to the aid of the claimant. In other words, no purposeful reading of the Regulations can, it seems to me, support the claimant's contention.

It is clear to me that whether the £172-odd that was paid was apportioned or not (and it is accepted by the defendants that it was not, that Harrow kept the full amount in payment of their debt) is irrelevant to the right or the power of Newlyn to enforce what had then become due by reason of their appointment, being the compliance fee.

So they were entitled to take control of the goods as they did.

It therefore matters not that they then traced the vehicle which had been hidden by the claimant and removed it. They were entitled to do so.

As the Judge made clear, regardless of what the local authority do with the direct payment....the POWER to enforce for the bailiff fees continues and if a vehicle is traced....it can be removed.


PS: The bottom line, you need to decide whether to believe a highly qualified Judge....... or a Will Writer.

Oldwood

Herbie, why are you saying it's one of his clients when you know this is untrue? Can you provide the evidence, just for once?

Can you also explain why you were banned from Legal Beagles and why you had your PM function suspended on CAG?

Can you also explain why you had to remove your premium rate phone number from your website and had to stop charging £10 per question?

Lastly can you explain why you charge £45 to fill in an OOT appeal form plus another £25 for each subsequent copy and paste on to an additional form?

Many thanks.

fatbelly

Oldwood wrote: »

Herbie, why are you saying it's one of his clients when you know this is untrue? Can you provide the evidence, just for once?

Can you also explain why you were banned from Legal Beagles and why you had your PM function suspended on CAG?

Can you also explain why you had to remove your premium rate phone number from your website and had to stop charging £10 per question?

Lastly can you explain why you charge £45 to fill in an OOT appeal form plus another £25 for each subsequent copy and paste on to an additional form?

Many thanks.

Start another thread rather than turn this one into an argument. Keep this thread for advice for Delmonta

Oldwood

Simply asking Herbie to clarify her statement.

:grouphug: