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Bailiffs for Business rates & council tax!

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  • Bailiffs for Business rates & council tax!

    Hi Amy,

    Firstly I would like to thank you sooo much for all of the advice you have posted on other threads that I have read through , it's helped me massively in pulling my ostrich head out of the quick 'debt sand' and deal with things.

    OK, I have 2 bailiff situations, 1 business rate the other personal council tax:

    Business rates

    We moved into our warehouse 3/8/09, paid £307.80 on 17/2/10 to the council. Then got a bailiff from Rossendales on 26/2/10, paid £789.30, a total of £1097.10 paid for a £921.80 bill. We paid everything out of naivety, embarassment and stress. I can't find any paperwork listing fees, but I haven't unpacked all the boxes yet. He obviously gained entry into the premises as it was all open.

    The next rates year then came upon us Business was in rapid decline and so eventually ended up with a bailiff visit (Rossendales, can't check the certified register as I only have initials) for the annual bill of £1058.20. Explained the situation in full and that we hoped to pay the bill within a couple of weeks, we couldn't. He then returned on 20/7/10, wrote out a 'Notice of Distress', with the delivery van, personal car and "1 computer" listed, fees listed as £57 for Levy fee and £174.50 for a handwritten "van attendance". He took the log book for the van "to keep the council quiet". Yet again he gained access into the warehouse. We then wrote to the council informing them we would be vacating the warehouse on 31/7/10 and to amend the bill accordingly. We have never received an amended bill, only the bailiffs word that this has been reduced. Since then he has phoned, we gave him the update on the situation and our address, if I was truely honest (and dare I say it for all of the boos and hisses ), he has been fair and quite patient. We haven't heard from him for a couple of weeks.

    Can we sell the van to pay the debt? As it should cover it and if they take it to auction they will get no where near what they should. We can just get another logbook

    With regards to the car that is listed, it is not road worthy. However, we are hoping to be able to get it through it's MOT as we need it to take our eldest to school. Can they take this as there is no public transport I can use to get her to school?

    The '1 computer' was a laptop that was in the warehouse office. This has loads of work stuff on it, and as the other half is falling back onto web design, he needs it. So I presume he can't take this one or even mine which I use for work?

    Can he chase us at home for this business debt? Is he allowed access to our home as he got access to the warehouse? I understand if this was an initial visit we wouldn't have to allow him access.

    Council Tax

    We moved into our rented fully furnished house on 17/8/09.

    The bill for period 17/8/09 to 31/3/10 is £749.60 + £63 costs from the council = total £812.60. Paid £100 on 19/3/10.

    At some point the bailiff (Jacobs and he is certified) visited the house and we let him in, he wrote out something that I can't find and the car was listed on it but we can't remember if we signed it. We paid him £100. (Sorry but just so stressed)

    We've had this year's tax bill go to court, but I think the bailiff is just chasing last year. Yet again on this occasion we have kept him updated with everything.

    A couple of weeks ago we were expecting a payment, so told him that we could pay £200 and that we were awaiting the outcome of going on to some level of benefits, which he said he could then arrange for the rest to come out of that. However, our lovely supporting bank whipped the funds plus Child Benefit out of our personal account, maxed our overdraft to pay for the unauthorised overdraft on the business bank account!!!

    I spoke to him yesterday and explained, he says that he still needs the £200 and to ring him by the end of the week. I also reminded him that we had nothing of value he could take from the house.

    Once again I feel he has been patient as we set up payment agreements but failed to keep them.

    What if we are accepted onto benefits, can he still push for £200? If I can I would prefer to.

    Basically, can this bailiff take our car as we need it for getting our daughter to school?

    Can he take the van even though he's not listed it and the other bailiff has tabs on it?

    Can he take our 2 work laptops?

    We have virtually nothing else to our name, apart from a slow cooker, steam cooker (prezzie from mum), a garden patio set and the girls toys, TV, DVD player and video player. That's it!

    So sorry this is long winded, but I just opened up the flood gates . I would really appreciate any advice you can give us, as much as I don't really want to antagonise the bailiffs as they are reasonably quiet right now.

  • #2
    Re: Bailiffs for Business rates & council tax!

    Originally posted by Burnybum View Post
    OK, I have 2 bailiff situations, 1 business rate the other personal council tax:

    Business rates
    ... if I was truely honest (and dare I say it for all of the boos and hisses ), he has been fair and quite patient. We haven't heard from him for a couple of weeks.
    He's made over £300 out of you in one tax year alone, of course he's going to be patient, he's got pound signs in his eyes.

    You really need to send a subject access request, which you will find here Bailiff - SAR - Legal Beagles Consumer Forum

    Originally posted by Burnybum View Post
    Can he chase us at home for this business debt? Is he allowed access to our home as he got access to the warehouse? I understand if this was an initial visit we wouldn't have to allow him access.
    Was/is your company a limited company?

    Originally posted by Burnybum View Post
    Council Tax

    We've had this year's tax bill go to court, but I think the bailiff is just chasing last year.
    Again, you need to send a SAR for this. If he's chasing a previous year's council tax and you let him in for that particular liability order, then the walking possession is not valid for this year's liability order.

    Originally posted by Burnybum View Post
    Once again I feel he has been patient as we set up payment agreements but failed to keep them.
    You need to get this perceived 'patience' you have out of your head because the only reason he allowed you to make this payment arrangement in the first place is because he knew you'd fail to make the repayments and once you fail to make them he can inflate his fees further. It is deliberate.

    You just watch how he changes when you question him.

    Comment


    • #3
      Re: Bailiffs for Business rates & council tax!

      just a question.

      The computer with work stuff on. Surely it comes under data protection and can never be sold (or held to ransom) due to this.??

      D in Lincolnshire..

      Comment


      • #4
        Re: Bailiffs for Business rates & council tax!

        Hi and thanks for the advice so far.

        The company started off as a sole trader then went limited, the business rates debt is in our personal names, which we were told off for by the bailiff!

        I will send a SAR off for both.

        I understand now that the council tax bailiff can't enter the house on the second liability when that goes through.

        I know, sometimes we're just too nice. But I did challenge him a few weeks ago when he tried to tell me he was coming to collect things, to which I reminded him we had sod all to take.

        With regards to the laptops, yes both have intellectual property related to business.

        One of my biggest concerns is the car, as I really need it to get my daughter to school and there is no public transport for that route. Can either of them take this?

        Thanks again xx

        Comment


        • #5
          Re: Bailiffs for Business rates & council tax!

          Originally posted by Burnybum View Post
          One of my biggest concerns is the car, as I really need it to get my daughter to school and there is no public transport for that route. Can either of them take this?
          Yes. A bailiff will seize a car because it causes the maximum amount of inconvenience and stress to a debtor and so usually results in an almost immediate pay day for him.

          You should move the car and keep it away from your house until this is sorted out, if at all possible.

          Comment


          • #6
            Re: Bailiffs for Business rates & council tax!

            Hi Amy,

            Update

            Bailiff 1 (Jacobs) - Council Tax. Certificated.

            History: A long time ago we unfortunately let him in and signed a WPO for the car . The phone conversation with my OH was that he needed to come in to sort the paperwork for a payment plan, and signing the WPO was confirmation of that.

            Now: 24 hour removal notice hand delivered 16.8.10, phoned and explained that I was trying to claim some level of benefits until we worked our way out of the situation. He said he would attach a payment plan and to let him know the results of the claims. Never went back to him.

            20.9.10, 48 hour removal notice hand posted inc extra charges. After alot of deliberating on the fact he has a WPO and been in the house, I phoned the office to find out a list of the charges. Got the expected response of we don't hold this information ring the bailiff, but I got as far as I can put you through to the manager to confirm this after I stated I knew my rights. Phoned the bailiff (only because of the previous WPO entry), offered him £100 and explained that waiting on a HB backdated claim. I'm to ring him tomorrow. Also in this conversation he got shirty and said he need it settled or else he will tow the car away, which I told him he'ld be lucky to get £50 for it at auction, he told me I would still have to pay charges, to which I said I wouldn't! So then I asked him for a breakdown on the charges and stated I knew what the legal charges should be now, and what we would have done in the past, he quickly went back to passive .

            Tomorrow if he gets shirty again I intend to tell him, that I will pay the council direct, will be sending a SAR, and forcing the council to take the debt back due to the fact we are trying to claim CT/HB. And if he says he's going to take the car I will inform him I will complete a Form 4 due to his devious tactics at getting a signed WPO. Does this sound right? :tinysmile_hmm_t2:

            Bailiff 2 (Rossendales) - Council Tax. Certificated.

            This one is all thanks to Amy and everyone else on this forum .

            He hand delivered a 'Notice of Bailiffs Attendance', either on Saturday (18.9.10) evening or some part of Sunday (19.9.10). For the council tax bill plus his fee of £117.50 which stated 'plus costs'! Not met him or communicated

            Sent a letter today to the MD of Rossendales and cc'd the council, basically stating these charges were incorrect/unlawful etc. At the end saying that I will tell the council to take back the debt as the entire amount will be reduced once CTB is sorted.

            Let's wait and see, but this guy has a hope in hell of speaking to me, I now know my rights :beagle: .

            Bailiff 3 - (Rossendales) - Business rates. Certificated.

            Not heard from him since we closed down the warehouse 3/8/10, this was daily phone contact. The last paper contact was (20.7.10) an unsigned WPO (as he could just walk into the warehouse), which lists a van (still got it, but trying to sell it), the same car listed above, and a 'computer' (this is a laptop with intellectual properties on it with regards to our business). We have heard NOTHING since :tinysmile_hmm_t2:. This debt is in our names not business and he has our home address. This amount was changed as we were not in the premises for the full financial year, during the time the bailiff was trying to get money. A little mystified as to why there's been no contact so any suggestions?

            That's where I am, just plodding day by day through the mire. Oh, and just been told we can't claim CT/HB due to lack of evidence of earnings - that'll be down to the fact there isn't any!! Can't prove what I haven't got :tinysmile_aha_t:.

            Any advice on 'Bailiff 1 and 3' would be appreciated Amy. xx
            ------------------------------- merged -------------------------------
            Also, I know that Bailiff 1 can take the car, BUT if the car will only sell for £50 at auction and the recovery costs are say ie £150, leaving us in debt by £100 more. Is this allowed?
            Last edited by Burnybum; 20th September 2010, 19:20:PM. Reason: Automerged Doublepost

            Comment


            • #7
              Re: Bailiffs for Business rates & council tax!

              Originally posted by Burnybum View Post
              Bailiff 1 (Jacobs) - Council Tax. Certificated.

              History: A long time ago we unfortunately let him in and signed a WPO for the car . The phone conversation with my OH was that he needed to come in to sort the paperwork for a payment plan, and signing the WPO was confirmation of that.
              How long ago and when he visited was it for this particular liability order?

              "Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities." See this link Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents


              Bailiff 2 (Rossendales) - Council Tax. Certificated.

              This one is all thanks to Amy and everyone else on this forum .

              He hand delivered a 'Notice of Bailiffs Attendance', either on Saturday (18.9.10) evening or some part of Sunday (19.9.10). For the council tax bill plus his fee of £117.50 which stated 'plus costs'! Not met him or communicated [/quote]

              You should find out what these 'costs' are for.

              Comment


              • #8
                Re: Bailiffs for Business rates & council tax!

                Bailiff 1
                How long ago and when he visited was it for this particular liability order?

                It will be sometime back in June (wasn't too good at keeping paperwork at that time). And yes it was for this LO. I know I'm pretty stuffed on this one

                Bailiff 2 (Rossendales) - Council Tax. Certificated.


                You should find out what these 'costs' are for.


                I've requested this in the letter to the MD of Rossendales (cc'd council).
                ------------------------------- merged -------------------------------
                Sorry Amy, tried to do the 'quote boxes' but failed miserably!
                Last edited by Burnybum; 21st September 2010, 07:58:AM. Reason: Automerged Doublepost

                Comment


                • #9
                  Re: Bailiffs for Business rates & council tax!

                  Originally posted by Burnybum View Post
                  I know I'm pretty stuffed on this one
                  No, you're not. Read my second paragraph above again.

                  Comment


                  • #10
                    Re: Bailiffs for Business rates & council tax!

                    Hi Amy,

                    Do you mean this sentence? -

                    "Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods."

                    As in the way he gained entry in the first place?

                    I really think he would tow the car and fight later.

                    Comment


                    • #11
                      Re: Bailiffs for Business rates & council tax!

                      Originally posted by Burnybum View Post
                      Do you mean this sentence? -

                      "Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods."
                      No, this one. He lied to you about the need to enter your property and then he lied to you when he said you needed to sign as confirmation.

                      Originally posted by Amy View Post
                      "Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities." See this link Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

                      Comment


                      • #12
                        Re: Bailiffs for Business rates & council tax!

                        OK, thanks Amy for your help

                        So if he insists he needs to take the car today, I tell him I will report him due to that fact and his charges are unlawful? Will this stop him because he will argue that he never said that (it was verbal)?

                        Comment


                        • #13
                          Re: Bailiffs for Business rates & council tax!

                          how much is the car worth at auction
                          will the sale of the car cover
                          all bailiff fees including removal storage fee auction fees and a some of the council tax debt


                          Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:
                          your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?
                          a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.

                          Comment


                          • #14
                            Re: Bailiffs for Business rates & council tax!

                            I would estimate that they would get £50, £100 if they are lucky at the auction. If the car was road worthy, MOT'd, taxed with body repairs done etc it may get about £800.

                            I have told him he would only get £50, which he said well you still have to pay the recovery fees, to which I told him 'no I won't!'.

                            Thanks wiccaqueen for that info

                            Comment


                            • #15
                              Re: Bailiffs for Business rates & council tax!

                              its time you sent some complaint letters regarding the levy on this vehicle it look like it has no value therefore should not have been levied in the first place

                              in your shoes i would be asking for all fees regarding this levy to be removed from your account

                              Comment

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