Hi new here!! Help needed,bailiff will take my car tomorrow

[kirsty2585]

Hi I have a debt for council tax of £265.37..I got into this due to a cock up with housing benefit. By the time it was sorted it had already been passed onto the bailiffs.

Anyway I've never let them in my house,but last wed morning they turned up,I didn't let them in. Then they posted a notice of distress through my door. He has levied my car,demanding I pay £451.87 by tomorrow.

I have been charged £32 levy fee and £154.50 for his time(endorcment fee,I think)

Can They charge a levy fee and enforcement fee on the same day?? My thinking is he could have taken the car that day as it was there.

He has basically said that if I dont pay monday I will incur further charges..

I have no problem paying the council tax I owe,but I feel they should take it back as it was there mistake in the 1st place that I lost the right to pay in installments.

Also I'm a single mother of two,with the youngest having heakth problems,that I need my car to trake him to his consultant apps. Also what would happen if he takes my car with my childrens car seat and pram in etc

[ploddertom]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

In reality the Bailiff does not want your car - he wants your cash. You are doing right by preventing him gaining access to your home - whatever else may happen make sure you keep your doors locked and windows firmly closed. Is your car on any finance?

I assume he has not charged a Visit Fee choosing instead to make a Levy for which he has charged correctly. He cannot charge the Enforcement/Attendance/Van Fee at the same time but is likely to do this if he reattends tomorrow. He preys on you not knowing your rights and hopes you will just cough up without question.

As you are a single parent you may be classed as "Vulnerable" - [ARCHIVED CONTENT] Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents - I'm not prying but is it possible you can tell us what condition your youngest suffers from.

PT

[kirsty2585]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

Hi he has charged an attendance fee of £154.50 at the same time as levying my car. I cant pay him tomorrow so will he take my car??

My youngest has no diagnosis as of yet not through my lack of trying!! He has gastro problems resulting in chronic diarrea and vomiting every 2 weeks!! And a lump in his neck,this has been ongoing for 9months and he has just been passed on from his ped to a Gi specialist which is app is on the 20th Oct..
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Oh no I owe my car,nothing left to pay on it..

[ploddertom]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

Depends on how bolshy he wants to be as to wheteher he took it or not. How old is your youngest?

PT

[kirsty2585]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

My youngest is 3. But if he charged an enforcement fee at the same time as the levy,does that not make the levy invalid?

Can I hide my car?

[ploddertom]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

My youngest is 3. But if he charged an enforcement fee at the same time as the levy,does that not make the levy invalid?

Can I hide my car?

If the Levy was correct when it was made then the fact he also made another dubious charge at the same time will not invalidate it at all. You may indeed hide your vehicle but be aware should he locate it then he may just lift it without any prior warning. The car has been left for you to use as you require but you may not sell or otherwise dispose of it without permission - now if another family member decided to have a last minute holiday in John O'Groats or Lands End and you happened to lend them the vehicle then that is OK.

As for your youngest - as already said you may be classed as vulnerable because you are a single parent family, the fact you have a child that is ill makes it doubly so in my opinion. A partial difficulty you have is that you do not have a condition linked to the illness but that can be overcome by asking your GP or other medical professional to write a note explaining his symptoms. When obtained copies should be sent to both Council & Bailiffs explaining that you should be treated as a vulnerable case and the account taken back into Council control. Do you claim any Benefits?

You still have time tonight to enlist the help of your local Councillor(s) - details from your Council website. They can stop this first thing in the morning as they have access to those at the Council in the know.

PT

[kirsty2585]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

At the moment I'm only receiving child tax credit and child benefit at just over £100 a week. Got reclaim for income support. How can Iget it stopped in the morning,also how do I get the enforcement fee taken off?

[ploddertom]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

At the moment I'm only receiving child tax credit and child benefit at just over £100 a week. Got reclaim for income support. How can Iget it stopped in the morning - try getting your Councillor(s) involved, in my view they are contactable 7 days a week up until 9pm, if unable to do this you should contact the Recoveries Dept first thing and claim that as a single parent with a child who is ill and existing solely on Benefits you should be classed as vulnerable - ,also how do I get the enforcement fee taken off? That won't come off automatically and will need several letters back & forth to sort out, they will argue they can but they do actually know they can't, awkward I know but unfortunately that is the problem with dealing with these people.

Even whilst waiting for Benefits to be sorted out you are still supposed to pay your CT and any overpayment you subsequently make will either be credited to a future bill or refunded on request. Even if you make small payments you can do this using online banking, Council website or automated phone line.

PT

[kirsty2585]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

Thanks alot for your help..Will try and find contact details for councillors
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Do I just call them and explain? And on my councils website there is a long list of councillors. How do I know which
one to call?

[ploddertom]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

Thanks alot for your help..Will try and find contact details for councillors
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Do I just call them and explain? And on my councils website there is a long list of councillors. How do I know which
one to call?

Councils are split into Wards and may have more than one that represents you, if still having trouble finding the right one ring anyone and apologise for disturbing them but could they help point you in the right direction.

Have just found this Directgov: Find out about your local councillors be worth giving it a try.

PT
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Try this one instead WriteToThem - Email or fax your Councillor, MP, MEP, MSP or Welsh, NI, London Assembly Member for free the other one just gives you your Council

[kirsty2585]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

The ones I've called have not answered. Hopefully I will have time 1st thing to sort it..

[PocketTheDifference]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

Hi There, Welcome, As everyone has advised me so far in a similar position with a baliff and undue council tax and unfair fees...

Have a look at my posts and see if any of it will help you...

http://www.legalbeagles.info/forums/...t=31205&page=1

[kirsty2585]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

Another quick question! If I hide my car,but hekeeps coming to get it wont I get more enforcement charges?

[Swingletree]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

Another quick question! If I hide my car,but he keeps coming to get it wont I get more enforcement charges?

The Bailiffs will try to threaten you with all sorts of charges. Council Tax rules and regulations only allow certain charges and they must be 'placed' on you in a timely fashion.

Have a look here The Collection Enforcement Recovery of Council Tax - Legal Beagles Consumer Forum

[kirsty2585]

Re: Hi new here!! Help needed,bailiff will take my car tomorrow

I have spoke to recoverary at the council and they are point blank refusing to take the debt back! Now what, I dont pay all there bailiff fees!