Please Help, self employed and Jacobs want to take my car!

[the mermaid]

Please help i have a dilema. My local council took me to court for missing a payment on my council tax this year, i was out of the country at the time. I lost my job in February and became self employed. I am struggling financially but trying to hold it all together. Yesterday at 6am a letter from Jacobs landed on my doormat, it was the first i have heard of them, it was a removal of goods notice!!! i admit i had not kept up the payments that the council had asked me for.
I rang the bailiff concerned after doing abit of research. I told him that legally i did not have to let him in, his reply was.. its o.k i will take your car! i will charge you for clamping it, towing it and then you will have 5 days to pay up, it will cost you £25 insurance while we have it, then we will auction it off. I informed him that i am self employed and that the car was a tool of my proffession. I am a warehouse manager during the day, this involves me moving stuff to different locations in my car and in the evening i see clients in their homes, i am a Licenced NLP practioner and student hypnotherapist. Without my car i would not be able to carry on my proffessions.
National debt helpline only advised me to hide my car, bit hard its bright yellow with a distinctive number plate!
Is my car safe as a tool of my proffession? if so what should i do if they clamp it?
BTW he said he would not enter into his agreement with me ( 3 payments ) until i have signed the walking possesion order.
Please help.... Alison

[Amy]

Re: Please Help, self employed and Jacobs want to take my car!

Vehicles are "tools of the trade" and fall into the "exempt goods" category as I am sure this bailiff, like every other bailiff, knows full well. Therefore, he cannot levy on it.

How much do they say you owe?

What ever you do, do not sign anything, especially what he pushed through your letter box.

Have a read here Bailiff Guide - Legal Beagles

[Guest]

Re: Please Help, self employed and Jacobs want to take my car!

Bailiffs will often threaten to take a car because it is easy and usually results in them being paid, as the threat of losing a car tends to get the debtor to pay.

Given that your car is necessary for your employment, it comes under the heading protected goods and the bailiffs must not take it.

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)

Read this guide for more details on what to do next Bailiff Guide - Legal Beagles

You should also check to see if the bailiff is certificated.

Finally, search the bailiff forum for further advice on others in a similar situation and come back and ask any other questions you may have.

Bailiff Issues - Legal Beagles

[the mermaid]

Re: Please Help, self employed and Jacobs want to take my car!

Thank you so much, that is what i thought, i did tell him that my car was a tool of my trade, he told me the other alternative was a commital order..... i owe £837.20, the personal plate on my car is worth over £3000.oo alone and car worth about the same, when i said that if they took my car it was worth much more than the debt he said, and i quote "if you brought a t.v today for £1000.oo we would action it for 100, thats how it works, we would charge you 1 - 2 thousand for towing the car , £25 a day for insurance, and sell your car for whatever" i think it is bully boy tactics, i will write to the council with a budget sheet and offer and make an offer and pay my offer to them in any case, thank you for all of your help and your quick response, i will slep easier tonight now, Alison

[Amy]

Re: Please Help, self employed and Jacobs want to take my car!

he told me the other alternative was a commital orde

This is very important and you must mention this in your letter to the council.

It is not an offence to be unable to afford to pay your council tax; it is an offence to refuse to pay your council tax. Therefore, the bailiff is lying to you and the council must do something about it.

[Guest]

Re: Please Help, self employed and Jacobs want to take my car!

Thank you so much, that is what i thought, i did tell him that my car was a tool of my trade, he told me the other alternative was a commital order..... i owe £837.20, the personal plate on my car is worth over £3000.oo alone and car worth about the same, when i said that if they took my car it was worth much more than the debt he said, and i quote "if you brought a t.v today for £1000.oo we would action it for 100, thats how it works, we would charge you 1 - 2 thousand for towing the car , £25 a day for insurance, and sell your car for whatever" i think it is bully boy tactics, i will write to the council with a budget sheet and offer and make an offer and pay my offer to them in any case, thank you for all of your help and your quick response, i will slep easier tonight now, Alison

Further to the post from Amy, I feel compelled to comment on the above statement from the bailiff.

As they are fully aware, there is a formula for calculating the scale of fees that may be charged and for the bailiff to charge fees that have not been “actually and necessarily” incurred and are unreasonable and disproportionate to the amount of the debt being collected is de facto unlawful and actionable. They cannot charge "...1 - 2 thousand for towing the car..." and think that they will get away with it.

In addition, the law clearly states that it is an offence to levy excessively and certain goods are protected and cannot be seized by the bailiffs for council tax debt.

As the bailiffs act directly as agents of the council and upon their instruction then your council is equally culpable and liable in this matter.

You should complete a Form 4 complaint about the bailiff and also complain in the strongest possible terms to your council. If you would like help with either, then do not hesitate to ask.