Urgent advice needed please-bailiff about to sieze car

[ploddertom]

Re: Urgent advice needed please-bailiff about to sieze car

It is a 9yr old Bmw probably worth £2k we own it outright

In that case I would argue he has levied on insufficient goods. If removed & sold at auction we are looking at an approx price of £200- £400. I don't doubt he is hoping you don't know this as he wants to use it as a lever to get you to cough the cash. It will be too much trouble for him to remove it. Goods if removed to be sold at auction must:
1 - cover all Bailiff fees
2 - cover the costs of removal & storage
3 - cover the costs of the auction
4 - cover the Auctioneers fees
5 - pay a proportion of the debt outstanding

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

You also need to send off for a comprehensive breakdown of their charges as I guarantee they will also have charged fees they are not supposed to. B&S have form for this and hope "customer" don't notice. Send Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters , you should also have a read of http://www.legalbeagles.info/forums/...67-Council-Tax

[ploddertom]

Re: Urgent advice needed please-bailiff about to sieze car

Tell them that you need your car for your job, then they cannot remove this as it is a part of your earning any money, just my thoughts look it up!

Not quite correct unfortunately.

[phil6605]

Re: Urgent advice needed please-bailiff about to sieze car

Where do i stand if they were to take the car?

[CleverClogs]

Re: Urgent advice needed please-bailiff about to sieze car

Where do i stand if they were to take the car?

At the bus stop?

[Inca]

Re: Urgent advice needed please-bailiff about to sieze car

PHIL,,,READ VERY CAREFULLY WHAT PLODDERTOM AND BLUEBOTTLE ARE TELLING YOU TO DO,AND MAKE SURE YOU DO EXACTLY AS YOU ARE ADVISED.THESE GUYS KNOW ABOUT BAILIFF ISSUES AND WILL GIVE YOU GOOD SOLID ADVICE,TRUST THEM,STICK EXACTLY TO THEIR ADVICE AND ALL WILL BE OK .
( and cleverclogs,,that made me chuckle lol)

[phil6605]

Re: Urgent advice needed please-bailiff about to sieze car

Hi ive been on to council today and theyve refused to take the debt back.theyve said ive got to deal with the bailiffs.ive spoken to the team leader at the council and he started asking where i work etc i refused to tell him because i dont want an attachment of earnings set up and he said "well im not going to sort an arrangement for you then" .ive paid a small amount today just to show im willing to pay. What are my next steps?

[ploddertom]

Re: Urgent advice needed please-bailiff about to sieze car

Usual stance from the Council. Continue making payments to the Council, this is best done on a weekly basis - £5 every Thursday for example - this quickly builds a payment history & may prevent the Council take further action. As far as AoE is concerned, if they write & ask for your employers details you are legally obliged to reply - you can be fined for non-compliance. Please also note they can instruct anyone to do this for them - Bailiffs perhaps.

[CleverClogs]

Re: Urgent advice needed please-bailiff about to sieze car

Take it up with your local councillor(s) - this is, after all, why those snollygosters are elected.

[phil6605]

Re: Urgent advice needed please-bailiff about to sieze car

Would it help if i put my car in someone elses name so it wasnt classed as mine?

[ploddertom]

Re: Urgent advice needed please-bailiff about to sieze car

If they have already levied on it then it is too late to do that. You need to write to the Bailiff challenging the validity of the levy as if removed the car would not even cover the costs never mind anything towards the debt. Follow what Clever Clogs said in post 23. Your Councillor(s) has access to those that can stop this. If they are reluctant or refuse then you go over thier head to the Leader of the Council and his opposite number. Have you got the details of all this from the Council yet?

[labman]

Re: Urgent advice needed please-bailiff about to sieze car

I suggest very strongly that for the moment you follow ONLY the support offered by Ploddertom - he is absolutely spot on.

Bluebottle's advice is fine, but IT WILL NOT resolve this situation for you, it is more to do with alerting the OFT to any potential problem with the company. If you follow this advice I fear you will lose your car.

PLEASE do as Ploddertom has stated, and I apologise I didn't see this when it was first posted, I was in hospital!

This part is particularly critical at the moment, please try to do it first thing on Monday morning:

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

Also pay what you can using the automated online system or automated telephone system. After that do as Ploddertom has said and pay a regular weekly amount, same day every week, regular as clockwork and if you want to keep it, make sure you keep moving your car.

[phil6605]

Re: Urgent advice needed please-bailiff about to sieze car

Thank you for replies, when i spoke to the Council again on friday they were very unco operative. I got some of yhe questions answered but not all of them. There are 3 liabilities against us, all for the amount the bailifs are claiming so at least i know the bailifs arent making the amount up. However the bailifs have charged us x3 for their visits but the council didnt want to know, said it wasnt their problem. I paid £50 on friday and said that my offer was £20 every tues. they said they couldnt refuse this but they didnt accept it as sufficient payment. Car is hidden at a friends a few mile away. Do you duggest my next step would be to inform the local councillor or give it a couple more weeks to show i am building ip a payment history first?

[labman]

Re: Urgent advice needed please-bailiff about to sieze car

However the bailifs have charged us x3 for their visits but the council didnt want to know, said it wasnt their problem. Totally untrue. It is very much their problem, as they are known as 'vicariously liable' for this, which means they are equally culpable with their appointed enforcement agents.


I paid £50 on friday and said that my offer was £20 every tues. they said they couldnt refuse this but they didnt accept it as sufficient payment. If that's what you can afford, pay it, regular as clockwork as stated above.

Car is hidden at a friends a few mile away. Good on ya! lol


Do you suggest my next step would be to inform the local councillor or give it a couple more weeks to show i am building ip a payment history first? Inform them now. They may even come with you to the council to find out answers to the other questions. If they agree, ask to speak to the Head of Revenues or similar, they'll refuse, then get the councillor to ask on your behalf. If they refuse, ask them to sign stating they are willfully refusing to answer questions to which you have a right to an answer. They won't do this with a Councillor there and you'll get your answers I suspect.

The Councillor will only serve to back up your intention to pay.

Great to see you acting on the good advice given above - well done!

[ploddertom]

Re: Urgent advice needed please-bailiff about to sieze car

The information you have requested from the Council cannot be denied you. I assume one of the reasons they are being "arsey" is because of what you owe. This has obviously built up over a period of time and I imagine there will be at least 2 Liability Orders against you. The Council will stick to the point that you have not paid without any thought as to why they have let it go so long. I agree with Labman about getting your Councillor involved. In my view Councillors are available 7 days a week up until 9pm.

[CleverClogs]

Re: Urgent advice needed please-bailiff about to sieze car

The information you have requested from the Council cannot be denied you. I assume one of the reasons they are being "arsey" is because of what you owe. This has obviously built up over a period of time and I imagine there will be at least 2 Liability Orders against you. The Council will stick to the point that you have not paid without any thought as to why they have let it go so long. I agree with Labman about getting your Councillor involved. In my view Councillors are available 7 days a week up until 9pm.

8pm on Saturdays and Masonic nights - they cannot be guaranteed to be sober after that.