Need help please

[countrygardener]

Re: Need help please

Hi Cetelco,
i have a claim in at the moment for backdated council tax and they wanted every single reciept for my buisness including all reciepts for income and expenditure as well as all reciepts for tools bought, basically i had over 400 reciepts showing the profit and expenses on every job i have done.The inland revenue does not need all the information the council have asked for.Obviously the council and bailiffs want my vehicle and are trying to find away around the except clause.Do i tell the woman at the council about my insurance ?

[WendyB]

Re: Need help please

I don't see why she should need a copy of your insurance certificate, surely a photograph would be proof enough? And wouldn't copies of your audited accounts be enough to show profit/loss with regards to income?

[countrygardener]

Re: Need help please

|I have just ammended my insurance online and i am as of now insured for buisness use,its a good idea to send in photos.The accounts i handed in to the inland revenue showed my income,expenditure and profit/loss.
But the council wanted individual receipts for every job i did showing all reciepts for materials and profit,they also wanted itemised reciepts off all expenses. ie Tools, stationery,cleaning clothing,everything really.I total there must have been over 4-500 individual reciepts and thety would not accept copies/or just a figure they wanted everything.Again as i am back-claiming the council will try to do everthing possible not to pay out,i am pleased i did keep everything.

[countrygardener]

Re: Need help please

Hi there this a reply i recieved off the council;
Thank you for your letter recieved 17th nov 09.
With regards to the removal of the vehicle that the bailiff has levied on i can confirm that this is curently on hold with the bailiff pending further information from you.We have requested that you provide supporting evidence for example a copy of your vehicle insurance documents to show that this is used for buisness use only.
As previously advised your request to have this case withdrawn from the bailiff has been refused until this matter has been resolved.

Well this is difficult as when i first bought my vehicle i was sub-contracting for a landscaper.I used to park at his house a be taken to jobs so i insured it for travelling to and from work.I have used the same insurance company and forgot to ammend my policy.I only found out when i tried to get a copy of my insurance to produce and realised my error.I have now insured it for buisness use but on the certificate it will show that it has just been ammended.
It is my only vehicle,it has signwriting all over it and i do need it for work.
If the council find out about the ammendment will they presume it has not been used for work and will they instruct the bailiffs to remove the vehicle.
Any help would be great .Thanks Michael.

[Amy]

Re: Need help please

Hi there this a reply i recieved off the council;
Thank you for your letter recieved 17th nov 09.
With regards to the removal of the vehicle that the bailiff has levied on i can confirm that this is curently on hold with the bailiff pending further information from you.We have requested that you provide supporting evidence for example a copy of your vehicle insurance documents to show that this is used for buisness use only.

This is just rubbish. The vehicle does not have to be "for business use only." It is a sign written vehicle with contact details on it, so clearly it is for business use. The fact is, that the bailiff should not have levied on a sign written vehicle.

The onus of proof is on the owner (you) of the goods seized to show that they are exempt because they fall within a particular category. However, the bailiff has a duty to act with caution and try to seize other items if at all possible.

He has not done this and the council are turning a blind eye to this. I would consider a formal complaint and tell the council you will name them.

As previously advised your request to have this case withdrawn from the bailiff has been refused until this matter has been resolved.

Is that so? Why are the council writing to you then? Write back to them and tell them that they are equally as liable as the bailiff is. The council employ these bailiffs and they take instruction from the council. As above, you should write to the council.

[countrygardener]

Re: Need help please

Yet again thanks Amy i will follow your advice and will let you know how it proceeds.Michael

[countrygardener]

Re: Need help please

I have just recieved a letter from the senior complaints officer from Rossendales.
She confirmed that there is no signed walking possesion in force and that a walking possesion agreement is not required to make a levy valid.
she also goes on to say that the first call bailiff had levied on my vehicle,she spoke to the bailiff and he stated he did not see any signwriting on my vehicle.This is a complete lie as no one ever came out as it was done over the phone as detailed previously.
She also staes that if they had revieved proof that the vehicle was used exclusively for buisness then the matter would have been resolved much quicker.Once again they dont realise the vehicle does not have to be for buisness use only.
They have removed all the costs charged to me except a first visit fee of £24.50 even though no one came out to vist except to try and take my vehicle.
I have got as far as a stage 2 complaint against the council and i dont know whether to proceed even though i had to keep my vehicle away from my house for nearly 5 days and was not able to work.
The bailiffs have agreed to except £20 a week but i wanted to pay the council as i did not want to have any dealings with Rossendales.
Rossendales have said that they want £20 per week starting tommorow and then every week thereafter.
Do i drop the complaint against the council and rossendales and except i pay rossendales or should i still pay the council and pursue my complaint.

[Amy]

Re: Need help please

I have got as far as a stage 2 complaint against the council and i dont know whether to proceed even though i had to keep my vehicle away from my house for nearly 5 days and was not able to work.

Personally, I would proceed with this complaint. The bailiff has accepted the levy was unlawful and removed the fees, but had you not have come to this forum and subsequently questioned the actions of the bailiff, this would not have happened. Therefore, the council, by their complete lack of action to correct this type of behaviour, which they know full well goes on, are encouraging the lies; they are complicit.

What is more, it is not good enough for the council to say it's out of their hands. They employ the bailiffs and they are lying when they say they cannot take the debt back from the bailiffs - they put the debt there, they can take it back, but you have to force them.

The bailiffs have agreed to except £20 a week but i wanted to pay the council as i did not want to have any dealings with Rossendales.
Rossendales have said that they want £20 per week starting tommorow and then every week thereafter.

They can ask all they like - you should pay the council.

Do i drop the complaint against the council and rossendales and except i pay rossendales or should i still pay the council and pursue my complaint.

It is entirely up to you, but I would not let this go.

[countrygardener]

Re: Need help please

I am a little concerned that if i do not pay rossendales and my complaint to the council is ongoing then could Rossendales visit my house and try to get the full balance or levy on good.I now know that i do not have to let them in but keep making sure things like doors and windows are locked is a right pain when i have 3 kids and my girlfriend would panic if they came when i was out.

[Amy]

Re: Need help please

I am a little concerned that if i do not pay rossendales and my complaint to the council is ongoing then could Rossendales visit my house and try to get the full balance or levy on good.

Of course they can visit your house, but there is nothing they can do unless you let them in, which you won't do.

keep making sure things like doors and windows are locked is a right pain when i have 3 kids and my girlfriend would panic if they came when i was out.

It's winter so I cannot imagine they are open for very long and they are not allowed to force their way past anyone.

You've come this far, why would you want to give up now?