Jacobsnotice of seizure

[damian]

Hi, I recieved a notice of seizure through the door from a bailiff yesterday due to me missing 1 (count it..) payment, he had levied on my car which was parked outside.
I had no prior notice of the visit from the Jacobs or the council.
He returned today to set up a payment plan (I did this in his car, I did not let him in the house) and he had added the following charges:
£42 levy fee
£12 WPO (I have signed no such WPO or let him into the house)
£24.50 1st visit fee
£24.50 redemption fee

He tried to force me to sign a WPO and said if I didnt they wouldnt accept payments and they would take the car. I had already paid £50 initial payment at this stage.
I told him where to go and immediatley paid the council the full outstanding debt online on the council website.
So my question is, does the levy on my car still stand, and are the above charges correct? Seeing as Ive paid £50 already to the bailiffs plus paid my debt in full to the council, can he still take my car??

Any help would be greatfully received.

[damian]

Re: Jacobsnotice of seizure

Anyone? This matter is quite urgent as the bailiff claims he is returning to remove my car later today....
Thanks

[ben13]

Re: Jacobsnotice of seizure

The only advice i can give you right now is hide your car just in case the bailiff does decide to turn up.

Make sure its well away from your house or in a garage.

[MrsGem]

Re: Jacobsnotice of seizure

I'm fairly sure they cannot seize your car as there is no debt to seize it against.

But I'd hide it just incase they try.

[damian]

Re: Jacobsnotice of seizure

Thanks, the car is parked well away from the house in a locked garage.
"

I'm fairly sure they cannot seize your car as there is no debt to seize it against."



I thought that too, but can they seize it on the so called fees that they have charged? would love some clarification on this and wether the fees are correct.
Thanks for the replies

[Judge mental]

Re: Jacobsnotice of seizure

For your information:
As you have now paid the outstanding amount in full, that is the end of the matter and no further enforcement action can be taken. Keep your receipt handy to prove to the bailiff it has been paid if he returns.

The Bailiff claims to have 'impounded' your vehicle in levy for a liability order.

There are 3 types of levy where the bailiff gains control of the goods.
1) Close possession - where a bailiff remains on the property with the goods
2) Walking possession - where the bailiff impounds the goods but leaves them in your possession subject to a repayment agreement, for this to be lawful, you must have signed a walking possession form in agreement.
3) Immediate removal.

It appears in your case that none of the above levies were actioned. The car is therefore still in your full control and you can move it if you wish

Their costs -
Levy fee - no levy was made so no fee chargeable, in any event
WPO fee - no walking possession was lawfully agreed, no fee chargeable
1st visit fee - chargeable
redemption fee - not got a clue what that is, but it is not a charge they can lawfully impose

Hope it helps

Stuart

[damian]

Re: Jacobsnotice of seizure

Thanks for the reply Stuart.
The Bailliff said, when challenged, that the redemption fee is a new charge that is payable to the government, and if I want clarification of this then I should contact the government directly. It was at this point I laughed and told him where to go.
Has anyone else heard of this fee??

[Amy]

Re: Jacobsnotice of seizure

Thanks for the reply Stuart.
The Bailliff said, when challenged, that the redemption fee is a new charge that is payable to the government, and if I want clarification of this then I should contact the government directly. It was at this point I laughed and told him where to go.
Has anyone else heard of this fee??

He is almost correct and this charge is fast becoming another standard fee applied regardless of whether or not it should be and whether or not the circumstances allow it.

Schedule 5 of The Council Tax (Administration and Enforcement) Regulations states (H) where no sale takes place by reason of payment or tender in the circumstances referred to in Regulation 45(4) - either (i) £24.50 or (ii) the actual costs incurred to a maximum of 5% of the amount in respect of which the liability order was made.

[damian]

Re: Jacobsnotice of seizure

Thanks Amy.
So, if that fee is correct, then all I should owe in fees is the 1st visit and the redemption fee?
I have already paid the bailiff £50, so that should be the matter closed, am I right?

[damian]

Re: Jacobsnotice of seizure

Taken from the council website:

Where goods are sent to auction, you will be charged more costs and fees.
Where no sale takes place due to payment being made, a redemption fee is charged which is either:

• £24.50, or
• the actual costs incurred up to a maximum of 5% of the amount for which the liability order was made, whichever is the greater.

Nothings been sent to auction or legally levied, so does this fee stand??

[Amy]

Re: Jacobsnotice of seizure

So, if that fee is correct, then all I should owe in fees is the 1st visit and the redemption fee?
I have already paid the bailiff £50, so that should be the matter closed, am I right?

You only owed the bailiff for the first visit fee, so you have paid over the odds. You could ask for it to be returned to you, but as we all know, this is easier said than done.

What I imagine will happen is that the bailiff will not let this rest and he will not accept that full payment is the end of the matter. You will need to stand firm because I fully expect he will harass you for the rest of the fees, so you could use this extra amount as a bargaining chip.

It is a criminal offence to charge for work that they have not carried out and you can find lots of information on this around the forum using 'fraud' as your key word in the search box.

[damian]

Re: Jacobsnotice of seizure

Thanks again Amy )
Another point I should mention is when I paid the £50 via credit card, he charged me 2.5% to do so, from what I gather, this is also fraudulent..

[Amy]

Re: Jacobsnotice of seizure

Correct.

[Judge mental]

Re: Jacobsnotice of seizure

(H) where no sale takes place by reason of payment or tender in the circumstances referred to in Regulation 45(4) ......

45(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.

There was no (lawful) seizure of goods so that would mean the charge is wrongly being applied

Stuart

[Amy]

Re: Jacobsnotice of seizure

This is also correct. My post was merely an explanation of the charge the bailiff applied not a reason for its application.