council tax merton bailiffs

[champaine]

hi there

i was wondering if you could help me.... i am so worried about a council tax bailiff.

i owe 4 parking tickets and £468 of council tax. i was visited by the bailiff for the parking tickets. He forced entre to my house by putting his foot in the door. (i have video footage of this!!)

he asked me if i can make full payment now i said i couldnt as i am not working at the moment however i could pay in instalments. He refused and removed my goods, he said he could do this because he had a warrent of excution from the courts.

He then called the council tax bailiff whom i owe merton council £468. i tried to come to an arrangement to pay he would not accept what i could afford.

he said the visit (concerning council tax) has cost me 240 for today and if i dont sign the walking possession i he could come back the following day in which he will charge me a further £200. so i signed it.

as it stands i need to pay him £708 by 31 October. I have no way of doing this as I dont have the funds to do so.

The only things I had left after the parking ticket bailiff was gone was the sofas so he levied them


my questions are:


can he levy my sofa as I am a single mother with two children. we have no where else to sit.


he has charged me £12 walking possession fee

£200 enforcement fee (van higher)
£40 levy fee
is this correct as THIS WAS HIS FIRST VISIT.......please help i am very worried

[Zazen.Warrior]

Re: council tax merton bailiffs

Can someone help with this, I have not had any dealings with bailiffs but my only advice would be do not open the door to them.

[Guest]

Re: council tax merton bailiffs

The first thing to do is read this.

Bailiff Guide - Legal Beagles Consumer Forum

Parking fines and council tax are different and bailiffs collecting each have different powers. What goods did the bailiff take? What format is the video that you have and do you have the names of each of the bailiffs, or was all this done by the same individual, your post does not make this clear?

To answer your question, no he cannot levy on the sofas, since bailiffs are not allowed to take "...tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation and clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family."

Read the bailiff guide and then come back with any further questions you may have.

Finally, which firm of bailiffs was it?

[shamen]

Re: council tax merton bailiffs

Oh wow sorry t her what you are going through. It sounds like you have been treat like rubbish on this one. Typical bailiffs preying on someone in a bad position.

First you need to have a read of this http://www.legalbeagles.info/forums/...ad.php?t=14113

The bailiff recovering magistrate court fines (likely the parking tickets if they were council issued) doe shave the right to force entry to your home. The other bailiff did not, but because you let him in and signed his order, he now has the right to force entry and remove goods. Either way you should check with the ministry of justice that both bailiffs are certified - if they are not, they just stole from you.

HOWEVER If a legally certified bailiff has taken or plans to take any 'essential' goods (such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade') then they have acted illegally. Look at the first link in my post here and look for the form 4 which you need to supply the court first thing.

http://www.direct.gov.uk/en/MoneyTax...rs/DG_10034289

Print out that directgov web page. If the bailiff comes back and attempts to remove your furniture or other essential items I would telephone the police, show them that page, ask them to stop the theft of your essential goods and tell them you are making a complaint to the magistrates court about the bailiff.

anyone else have any suggestions as to what can be done
------------------------------- merged -------------------------------
oops cetelco got in there before me. Sorry for the double posting

[champaine]

Re: council tax merton bailiffs

Thank you all for taking time out to read my post. You have been very helpful.... in regards to some of your questions these were to separate bailiff. one for parking tickets the other for council tax. they were both from MERTON COUNCIL!! they are both certified


I JUST wanted to know in regards to the bailiff collecting council tax are his fees legal......

he has charged me £200 for enforcement fee
£40 to levy goods
£12 walking possession fee

please take into account this was his first visit to my home.... he also charged me 200 for enforcement cost before i had signed the walking possession...

also as he has levied on essential good ie my sofa will the levy fee now be void???

[Guest]

Re: council tax merton bailiffs

The fees bailiffs are allowed to charge for collecting council tax are set out in law.

They are allowed to charge £24.50 for a first visit. This is for a first attendance to levy, but where a levy does not takes place. The bailiff can charge a levy fee if they levy, but they cannot charge both amounts on the same occasion.

The second visit fee is limted to £18.00. Regardless of any other visits, they cannot charge you again, however, they often charge an attendance fee, for which there is no statutory amount, although it must be reasonable.

Send them the Subject Access Request that you will find on the Bailiff Guide and get a full breakdown of their fees.

[champaine]

Re: council tax merton bailiffs

thank you so much you have been very helpful

[shamen]

Re: council tax merton bailiffs

how are things going with this?

[wiccaqueen]

Re: council tax merton bailiffs

The bailiff recovering magistrate court fines (likely the parking tickets if they were council issued) doe shave the right to force entry to your home.

you need to find out from your council if they are one of the councils who de-criminalised parking in there area if they did (most councils have) the council will have used The traffic enforcement centre Nottingham if this is the case the bailiff has the same rights as a certificated bailiff collecting council tax therefore they have no right to force enter (putting his foot in the door)

http://www.hmcourts-service.gov.uk/cms/tec.htm

[champaine]

Re: council tax merton bailiffs

thanks for all the advice and support....... i have now put my case to a debt help agency who will help me sort this mess out...i am very stressed over the whole thing..... ill let you know what happens next!

[Amy]

Re: council tax merton bailiffs

Is it a free one?