Need help please

[countrygardener]

Hello there my name is michael and i am a self-employed landscape gardener.I really need any help and advice as i do not know what to do.
Basically i have been self employed for a couple of years and it has been quieter than i thought and have had to live on very little.I missed a few payments for my council tax and straight away it was sent to rossendales,i recieved a letter off them saying they wanted £375 per month,when i mentioned to some-one that my buisness was struggling they told me to put in a claim for housing benefit.In the meantime rossendales phoned me and told me they needed to levy goods to the amount i owed and could they visit,as i was busy when they needed to call he accepted my vehicle as the levy.The council paid off some of my arrears and i am now getting help with housing benefit and council benefit.I have also put in for my claim to be backdated and am awaiting news from the council.As off now i owe rosendales just over £400 and tonight there was a knock on the door ,it was a baliff from rossendales and he wanted the balance there and then,as i did not have the money or someone to borrow off he said he would have phone the office to get the recovery people to take it away tonight.I got rather annoyed when he asked "why are you getting annoyed".When he went back to his van to phone i drove my car away and parked it somewhere safe.
My question is can he remove my 4x4 as it is my vehicle for work,it has my buissness name signwitten all over it,and i am also waiting to see if the council will backdate my claim further.
I have 3 children and am my wits end of what to do.
Please can someone help?
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Ps The baliff dropped a LETTER GIVING ME 24HRS TO PAY.

[Amy]

Re: Need help please

Hello Michael,

In the meantime rossendales phoned me and told me they needed to levy goods to the amount i owed and could they visit,as i was busy when they needed to call he accepted my vehicle as the levy.

How exactly did he do this? Did you sign anything? If he took a levy on your car over the telephone - then this is all wrong.

As off now i owe rosendales just over £400

How much do you say you owe. How much of this figure is Rossendales fees?

My question is can he remove my 4x4 as it is my vehicle for work,it has my buissness name signwitten all over it

No he cannot, certain things are exempt from levy and this is one of those things.

Have a read here Bailiff Guide - Legal Beagles but most importantly, have you allowed the bailiff access to your property?

The baliff dropped a LETTER GIVING ME 24HRS TO PAY.

What other correspondence have you had from the bailiff? The more details you can provide the better.

[countrygardener]

Re: Need help please

hI AMY THANKS VERY MUCH FOR YOUR SWIFT REPLY.
i RECIEVED A LETTER OFF ROSSENDALES A WHILE AGO STATING I OWED THEM OVER £1100 DUE TO UNPAID COUNCIL TAX .I WROTE TO THEM TELLING MY INCOME AND EXPENDITURE .BUISNESS HAS BEEN REALLY QUIET AND A FRIEND OF MINE TOLD ME TO PUT A CLAIM INFOR HOUSING AND COUNCIL TAX BENEFIT AND FOR IT TO BE POSSIBLY BACK-DATED.i RECIEVE3D A CALL OFF THE BALIFFS AND HE WANTED TO COME TO MY HOUSE TO LEVY GOODS,I WAS REALLY BUSY SO I ASKED IF IT COULD BE DONE OVER THE PHONE TO WHICH HE AGREED,I GAVE HIM MY VEHICLE DETAILS AND THAT WAS THAT.i THEN GOT A LETTER OF THE BALIFFS ASKING FOR £375 PER MONTH,AT THIS TIME I WAS NOT EVEN EARNING THAT AMOUNT,I PHONED THEM UP AND EXPLAINED I WAS AWAITING MY RESULT OF MY CLAIM AND ALSO THE COUNCIL PUT A FREEZE ON THE MONEY OWED.i WAS THEN TOLD OFF THE CONCIL THAT jUST OVER £700 WAS PAID OFF MY COUNCIL TAX BILL AS THEY PAID SOME OF MY CLAIM,AND THEY WOULD LOOK INTO FURTHER BACKDATING IT.
tHEN THERE WAS A KNOCK AT THE DOOR TONIGHT.i HAVE MOVED MY VEHICLE TO SOMEWHERE SAFE AND WHILE I WAS AWAY HE PUT A LETTER IN THE DOOR GIVING ME 24HRS TO PAY.
i DID NOT SIGN A LEVY AS IT WAS DONE OVER THE PHONE AND MY VEHICLE IS A 4X4 FOR MY BUISNESS,IF THEY TAKE IT THEN I DONT KNOW WHAT I WILL DO.
iF I DONT GET ANY FURTHER MONEY OFF THE COUNCIL THEN I WILL OWE JUST OVER £400,THE BALIFF INFORMED ME THAT THEY WILL NOT ACCEPT PAYMENTS I OBVIOUSLY AM CONCERNED THEY RETURN AS I CANNOT KEEP MY VEHICLE WHERE IT IS FOR VERY LONG.
i KNOW I AM RAMBLING ON A BIT BUT I AM REALLY WORRIED.

[Amy]

Re: Need help please

As I have said, he cannot take your vehicle. Particularly as you have now clarified that you haven't signed anything.

Did you read the bailiff guide link I gave you?

[Guest]

Re: Need help please

As Amy has already pointed out, notwithstanding that there simply is no such thing as a levy or warrant of distress being carried out by telephone, certain goods are protected and cannot be seized by the bailiffs. The definition of protected goods for unpaid council tax is: - ‘such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally in his employment, business or vocation’ and ‘such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family’ Council Tax (Administration and Enforcement) Regulations 1992, Reg 45(1A)

I think you should consider a Form 4 complaint against this bailiff. Have you checked to see if he is certificated?

[countrygardener]

Re: Need help please

oNCE AGAIN AMY HANKYOU VERY MUCH FOR YOUR INFORMATION,IT HAS SETTLED ME A LITTLE AND I WILL BE PHONING THE COUNCIL FIRST AND THEN THE BALIFF TOMMOROW MORNING.oBVIOUSLY WHATEVER HAPPENS MAINLY DUE TO THE LEVY NOT BEING RIGHT WHO WOULD I OWE THE MONEY TO THAT IS OUTSTANDING THE COUNCIL OR ROSSENDALES AND WILL THEY ACCEPT MONTHLY PAYMENTS OR WILL THEY MAKE IT REALLY HARD FOR ME ESPECIALLY WHEN I PHONE UP TOMMOROW AND TELLING THEM THEY ARE AT FAULT.

[Amy]

Re: Need help please

You need to know exactly how much you owe, you need to know how much is fees. The bailiffs will have added fees to which they are not entitled and you need to find out how they have arrived at the figure they say you owe. You do this by way of a Subject Access Request which again, is in the link to the bailiff guide I gave you.

Do not correspond with the bailiff at all and keep everything else i.e. correspondence with the council to writing (or at least backed up with a letter).

[countrygardener]

Re: Need help please

If i should not phone the baliffs in the morning what happens if they turn up tommorow night,do i phone the police?Should i keep my vehicle outside my house as if they do try to take it what should i do.?

[Guest]

Re: Need help please

Send Rossendales the letter in post #9 here Urgent Help Needed - Bristow and Sutor Bailiff - Legal Beagles

Then deal with the issue of fees with a Subject Access Request as Amy has pointed out above.

[countrygardener]

Re: Need help please

Thank you for all the advice,my girlfriend and i are a little more settled and i have already wrote the notice letter to be copied and sent by recorded delivery in the morning.I also intend to go to my local council office in the morning regarding this matter and hopefully the council will take the debt back and accept monthly payments off my self.I will keep you updated and once again thank you so much. Michael and jackie x

[Amy]

Re: Need help please

You're very welcome.

You really should consider a complaint against these bailiffs too for their behaviour, that they know full well to be wrong.

[Amy]

Re: Need help please

With regard to your email - why are you believing what the bailiff is telling you? Of course he is going to lie to you, that is what bailiffs do. They lie and they scare people, but it makes them pay.

Did he come and collect your car tonight, given that the 24 hours were up? I'm guessing not.

Have you sent the SAR yet because you must do this?

[countrygardener]

Re: Need help please

Hi amy,
NO the bailiffs did not turn up as i phoned them and informed them that removing my vehicle is excempt.I have since posted letters to the council and the bailiffs by recorded delivery outlining everything i have been told.Yesterday my local mp phoned the council to instruct them to put a halt to proceedings until the bailiffs can prove they are able to take my vehicle,which they will not be able to do.I have proposed to the council that they take the debt back from the bailiffs and for me to pay them an agreed amount.I have also contacted the court which issued the bailiff with his certificate and they are sending out a complaints form.I would like to thank everyone concerned for your help and advice on this matter.As i had to keep my vehicle away from my address i have also told the council and the bailiffs that i intend to claim for loss of earnings and distress caused. Thanks Michael.

[countrygardener]

Re: Need help please

Hi Just to update my situation.
I have sent off 2 letters to the council and the bailiff which i am awaiting a reply.A lady from the council phoned up this morning and asked how i can prove my vehicle is a works vehicle,she asked if i could post my insurance certificate for my 4x4.When i first bought my van i was subcontracting for a landscaper so having it insured for social domestic and pleasure and going to and from work was sufficient,i have renewed it each year but forgot to insure it for buisness use,so i cannot prove by my insurance its a works vehicle.
On my tax return i have claimed allowance on my vehicle,it has signwriting on the front windscreen,back window and both side windows with my logo and buisness name and contact details.I also have no other vehicle so how else can i prove its a works vehicle.? Any help on this matter would be apprechiated.

[Guest]

Re: Need help please

Take a photograph of it and send that to the council. They have no authority to inspect your tax returns.