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Need some advice

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  • #1

    Need some advice

    Due to outstanding council tax (CT), my car was clamped. Would be grateful for some advice.

    1. Is this legal, as in clamping the car on private property?
    2. Can I remove it or not?
    3. Can the bailiff double-charge me? Basically, there are two Form 7 for the same clamped car. This is because I have an outstanding balance of 100 from the previous year.


    Basically, what should I do?
    Tags: None
  • #2
    Re: Need some advice

    First thing to do, taking one step at a time, is to phone the council first thing in the morning and find out:

    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?

    The clamping should have a clamping order, so ask to see that. The bailiff cannot charge two lots of fees for levying the same item twice, as he is not allowed to levy the same thing twice.

    If you can post up answers to ALL the questions above tomorrow, we can move forward. Do not accept that you need to speak to the bailffs, you don't! The council should tell you this information without any problems.
    • 1 thank

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    • #3
      Re: Need some advice

      One thing you should not do is remove the clamp yourself, you risk being charged with criminal damage.

      The bailiff should have given you/stuck to the car windscreen a seizure notice, which should also gie you the opportunity of going for a "walk in possession agreement", although if there is enough equity in the car to pay for the liability order/s, bailiff fees, removal etc. it could be towed away if you don't pay in full.

      Please do remember that people are sent to prison for non payment of Council Tax!
      The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

      A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

      A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.


      It's a dirty job, but someone got to do it!

      My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained
      • 1 thank

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      • #4
        Re: Need some advice

        Realistically they don't go to prison unless it is a long term refusal to pay. This is typical bailiff scare tactics. Any update would be good re answers to the questions.
        • 2 likes

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        • #5
          Re: Need some advice

          the bailiff has cut his own throat with the second levy, and all fees associated with it must be removed, hope OP comes back with the info.
          • 1 thank

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          • #6
            Re: Need some advice

            Originally posted by labman View Post
            Realistically they don't go to prison unless it is a long term refusal to pay. This is typical bailiff scare tactics. Any update would be good re answers to the questions.
            It is my understanding that committal to prison for non-payment of CT is a measure of very last resort and, as you allude, for those who persistently refuse to pay, rather than those who cannot pay.
            Life is a journey on which we all travel, sometimes together, but never alone.
            • 1 thank

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            • #7
              Re: Need some advice

              Originally posted by labman View Post
              Realistically they don't go to prison unless it is a long term refusal to pay. This is typical bailiff scare tactics. Any update would be good re answers to the questions.
              I just made the comment because it does happen, yes, to willful non payers, and that should be the bailiff job, to sort out the can't pay from the won't pay.

              This links are interesting:
              http://www.northwarks.gov.uk/info/20..._tax_arrears/5

              https://www.gov.uk/council-tax-arrears

              http://www.theguardian.com/money/201...rears-increase
              The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

              A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

              A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.


              It's a dirty job, but someone got to do it!

              My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained
              • 1 thank

              Comment

              • #8
                Re: Need some advice

                Its the job of the COURTS to sort out the cant pay from the wont pay or are bailiffs judges and magistrates now?
                • 2 likes

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                • #9
                  Re: Need some advice

                  Indeed Wales, it is for the Magistrates to decide. It is for the bailiff to decide there are insufficient goods to continue enforcement. As soon as they realise this they should return the LO to the council.
                  • 2 likes

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                  • #10
                    Re: Need some advice

                    Originally posted by labman View Post
                    Indeed Wales, it is for the Magistrates to decide. It is for the bailiff to decide there are insufficient goods to continue enforcement. As soon as they realise this they should return the LO to the council.
                    That's what I was trying to get across.

                    A sensible person would be able to see at first glance which was which...although a few times first impressions can be deceiving.
                    The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                    A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                    A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.


                    It's a dirty job, but someone got to do it!

                    My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained
                    • 1 thank

                    Comment

                    • #11
                      Re: Need some advice

                      Bailiffs often sweep these small considerations under the mat.

                      Provided, of course, that they haven't already seized said mat!

                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment

                      • #12
                        Re: Need some advice

                        Interesting way to spell' Severe Brain Damage' lol

                        Comment

                        • #13
                          Re: Need some advice

                          INCA WHAT?
                          • 1 thank

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                          • #14
                            Re: Need some advice

                            Originally posted by wales01man View Post
                            INCA WHAT?
                            A reference to Sir Vere's user name.
                            • 2 likes

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                            • #15
                              Re: Need some advice

                              Thanks Labman me brains not working well
                              • 1 thank

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