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What exactly is a levy?

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  • What exactly is a levy?

    Hi all - newbie here.

    Having read through a lot of posts here already, I think I've only got one question left:

    What exactly is a levy, or, more importantly, when does it actually happen?

    Does it happen when the bailiff makes a note of your property, or does it happen when he takes your property?


    Why am I asking?
    I was visited today while I was out by an Equita bailiff.
    It's for council tax arrears, and the debt is completely my fault, and will be paid off in full asap.

    The bailiff left a "Notice of seizure and inventory of goods" with just one thing on it - my motorbike which is parked on my front path.
    As i understand the bill of fees allowed, the bailiff's visit(s) will cost £24.50 and then £18.00.
    However, he has also added £263.50 to the amount I owe the council , which as far as I can tell is over the top.

    the total amount awed the council is £1017.44, which by my reckoning of this page means the bailiff can charge £51.42 - but only if he has 'levied' my bike... hence the question ..

    Aside from the fact that
    a) I can't see *any* way they can claim £263, so I'm writing the letter to ask for the breakdown,
    and
    b) The register (
    http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search= ) doesn't list him, so I'll be getting on to them tomorrow.....

    Thanks already for your advice and just being there...

    Andy
    Tags: None

  • #2
    Re: What exactly is a levy?

    The levy is when the make the note of property. Also known as levying distress.

    I assume this is for a Council Tax bill is it?

    Comment


    • #3
      Re: What exactly is a levy?

      Thanks for the reply.
      I would read http://legalbeagles.info/council-tax/ as meaning then that they are allowed to charge the %age of the debt... :-(

      Yes - council tax arrears

      Comment


      • #4
        Re: What exactly is a levy?

        They invariably fiddle the fees, so well worth posting them up.

        Yes, it's the % of the debt. Do you actually know for sure how many Liability Orders they have against you and how much you owe?

        Comment


        • #5
          Re: What exactly is a levy?

          There's no breakdown of the Bailiff's fee at all - it just says "Bailiff costs (inc vat) 263.50"

          To my knowledge, the council have one LO against me for just over £1k (don't have the exact figure at the momen, but it fits with the £1017 that the bailiff claims)

          Comment


          • #6
            Re: What exactly is a levy?

            Did he attempt to gain access to your home? What sort of value would you put on your bike?

            Comment


            • #7
              Re: What exactly is a levy?

              I saw no evidence of attempted access, but it was dark when I got back. I'll re-check first thing this am.
              He obviously didn't try too hard, as the outer porch door was unlocked (not any more...... :-) ).

              Value of bike.... sadly, I'd say it's worth no more than five or six hundred quid.

              Comment


              • #8
                Re: What exactly is a levy?

                Originally posted by andy66 View Post
                I saw no evidence of attempted access, but it was dark when I got back. I'll re-check first thing this am.
                He obviously didn't try too hard, as the outer porch door was unlocked (not any more...... :-) ).

                Value of bike.... sadly, I'd say it's worth no more than five or six hundred quid.
                I asumed you were at home when he initially called. As your bike is not worth a lot then you can actually challenge the levy as if your bike were to be removed it would only obtain approx 20% of that value - and that's being generous. Therefore the proceeds would insufficient to cover all the costs involved. Equita are being obstructive these days as they seem to be front loading all fees before anyone even calls whereas they can only charge for work actually & necessarily done, as they appear to have yet again overcharged then they put their Bailiff at risk of losing his Certificate and themselves at risk for allowing & condoning the practice.

                Comment


                • #9
                  Re: What exactly is a levy?

                  Fantastic - thank you!

                  Job to do before hitting the hay tonight - rig up a webcam.
                  Jobs to do first thing tomorrow -
                  1. get on to certificated bailiff to see if this guy is actually properly registered
                  2. get on to the council to try and call them off / pay the arrears
                  3. get on to Equita for a costs breakdown

                  Comment


                  • #10
                    Re: What exactly is a levy?

                    Originally posted by andy66 View Post
                    Fantastic - thank you!

                    Job to do before hitting the hay tonight - rig up a webcam.
                    Jobs to do first thing tomorrow -
                    1. get on to certificated bailiff to see if this guy is actually properly registered - they have changed the way they do things now & you are supposed to email cbregister@hmcts.gsi.gov.uk with your request and can take up to 5 days for a reply. If you already know which Court then it is usually quicker to contact the Court direct
                    2. get on to the council to try and call them off / pay the arrears - You need to speak to someone at the Council and ask the following questions:
                      1 - how many Liability Orders they have against you
                      2 - the dates they were obtained
                      3 - the addresses they were for
                      4 - the period of time each covers
                      5 - how much each one was for
                      6 - how much is still outstanding
                      7 - the dates they were passed on for enforcement
                      8 - the dates & amounts of any payments
                    3. get on to Equita for a costs breakdown - they are being partially obstructive by failing to provide dates when each fee is charged. Use letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters
                    PT
                    PT

                    Comment


                    • #11
                      Re: What exactly is a levy?

                      Thank you Tom.
                      To-do list updated!

                      Comment


                      • #12
                        Re: What exactly is a levy?

                        One thing to note. Many Councils outsource their admin functions to private companies so when you ring it is worth asking if you are speaking to an "official" Council employee or someone from elsewhere as these people are note for being unhelpful and/or stroppy. I mention this because one of these companies is called Capita, they also own 2 Bailiff companies, one of which happens to be Equita. Nuff said?

                        Comment


                        • #13
                          Re: What exactly is a levy?

                          Yep - in this case South Oxfordshire District Council .. guess what the email address is...?
                          sodc.counciltax@secure.capita.co.uk

                          Comment


                          • #14
                            Re: What exactly is a levy?

                            Originally posted by andy66 View Post
                            Yep - in this case South Oxfordshire District Council .. guess what the email address is...?
                            sodc.counciltax@secure.capita.co.uk
                            In which case there is likely a Capita infestation at the council, where the back office is outsourced, as alluded to by ploddertom, to capita, who own Equita. you are therefore dealing with capita in the first instance when you contact the council. I would consider you send a Formal Complaint to the CEO of the coincil, copied to the elected leader, and your MP, indicating you are unhappy with the way Equita levied goods that are insufficient to cover even the bailiff costs, and suspect they have levied the motorcycle merely to garner fees for themselves. as you now cannot trust equita and their owner infesting the council Capita, you will be paying £xx every week on a say Monday, online so they cannot refuse it in order that that cleared funds will show in the account by Friday.

                            Comment


                            • #15
                              Re: What exactly is a levy?

                              Originally posted by andy66 View Post
                              Yep - in this case South Oxfordshire District Council .. guess what the email address is...?
                              sodc.counciltax@secure.capita.co.uk
                              If memory serves me correct I dealt with them in the past for someone else, given the runaraound, backed the Bailiff all the way down the line, overcharged on fees. Made Formal Complaint and lo & behold there had been a "rare admin error" that would not occur again. Leave you to your own thoughts.

                              Comment

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