Wife signed Notice of Seizure of Goods and Inventory

[sultanm]

Any advice would be welcomed.....

I had an outstanding council tax bill which I was arranging to hopfully have waived as I am on Tax Credits due to very low income.
Council asked me for 6 months payslips so I contacted my accountant to arrange. He didn't get back to me and to be honest, I kind of 'forgot' about it all.

This morning, had Phoenix turn up at the door while I was out. The wife didn't let them in but they encouraged her to sign a 'Notice of Seizure of Goods And Inventory' which she did.

They have listed charges as follows;
Due to Authority £1326
Levy £61
Enforcement Fee £345

They have listed both my cars in the inventory and at the bottom have written 'All other relevent goods'

My first instict is to move the cars and then phone the council first thing in the morning. I phone the bailiff and he has told me he is coming back tomorrow (Thurs). I have asked him to ring me first as I need to discuss with the council.

Where do I stand with the bailiffs?
Because my wife has signed the Notice, where does that leave me?

I would be grateful of any advice and assistance you could give.

[Amy]

Re: Wife signed Notice of Seizure of Goods and Inventory

This levy is irregular for a number of reasons.

(a) A first visit by a bailiff is not to levy goods, it is to take a payment either in full or towards the debt.

(b) In order to seize goods, they must have first been granted peaceful entry.

(c) They are not allowed to write 'All other relevant goods' the goods levied must be listed when the property is entered and not listed through a window - as per Ambrose v Nottingham Council.

(d) Enforcement fee is not a prescribed fee.

You need to have a read of the guide here Bailiff Guide - Legal Beagles Consumer Forum and of the bailiff forum in general, but you need to write to the council mentioning the points above and whatever you do, do NOT let them in.

[sultanm]

Re: Wife signed Notice of Seizure of Goods and Inventory

Thanks Amy I did read the guide but i wasn't sure what my rights were once the notice was signed. The even made her sign the back of the form which is a Form of Walking Possession Agreement.

Would you advise I move my cars or do they not have the right to take them?

[Amy]

Re: Wife signed Notice of Seizure of Goods and Inventory

In this case, it doesn't matter if it's signed or not.

If it is possible to move the cars, then yes I would do this, until you can get the council to sort this mess out and call them off.

[sultanm]

Re: Wife signed Notice of Seizure of Goods and Inventory

Thanks for the advice. I feel a bit better now. Just got to make sure my Dad doesn't open the door other wise he'll invite them in and offer them a cup of tea!

[sultanm]

Re: Wife signed Notice of Seizure of Goods and Inventory

Just one other question......

Once this is with the bailiffs, is it possible to have it go back to the council or would I have to make arrangements with the bailiff?

[Amy]

Re: Wife signed Notice of Seizure of Goods and Inventory

Absolutely, it is possible and it certainly should be taken back by the council since this is their mess. Their bailiff has carried out an irregular levy, but the council won't do this easily because their offices are staffed with morons.

The council say they cannot deal with the account once it's with bailiffs, but this another lie. You never have to deal with bailiffs for council unless and until you let them in.