Rossendales-Levy Charges C Tax

[NRSB]

Hi, wonder if anyone can help. I had a visit from a Rossendale Van Bailiff today who left a removal notice. I have called up and asked for a breakdown of charges but am being told I have been charged £24 for the first visit, which was made, then £18 for a second visit but also for £86 for a levy fee on a car that was in the drive ( not ours, borrowed from brother). I asked how I could now have been charged £130 for the van bailiff as I thought you could only be charged for the first two visits?, their argument was that as they have a levy they can send a Van Bailiff and charge accordingly, I received no paper work in relation to the levy. I have sent an SAR and told them I want this investigated, how do I stand?.

Thanks in advance

[teaboy2]

Re: Rossendales-Levy Charges C Tax

If there is no levy paperwork then they have not issued the levy and should not be charging you with it. If they levied the car then they should have put it through your letter box or on the car. As its not your car then the levy, if issued as they claimed, would not be valid anyway and neither are the charges for the levy.

Heres some advice on council tax charges that balliffs can charge: (Though the levy charge is still invalid as the item levied was not your property in the first place).

Council Tax

Bailiffs collecting Council Tax are not allowed to charge you for letters, but they can charge for 2 visits (£24.50 for the first, and £18.00 for the second). They can't charge you for any more than two visits (unless you owe Council tax for more than one year, then they can charge you for two visits per year). If they take your stuff, they can also make a 'levy charge' for their time and effort. The amount depends on the size of your debt: the more you owe, the higher the charge. The rules are complicated - but as a rough guide, if you owe less than £100 its £24.50, if you owe £500 its £40.50, if you owe £2000 it's £78.
They can also charge £12 for making a Walking Possession Agreement and, if you have not kept to the agreement, they can charge you for hiring a van to take your belongings away. This must be in line with normal van hire rates. Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement' - although many dodgy bailiffs will try this.
They can also charge ' reasonable costs' for selling your stuff.
If they have taken your stuff away, but don't sell it (because you have since paid up) they can charge you either £24.50 or up to 5% of the total they were collecting, whichever is the largest. If you have not paid the debt and costs off in the full (whether by a lump sum payment or by instalments) they cannot charge you this fee - although this is also something dodgy firms will try.
Be suspicious of anything not mentioned here - in particular anything called an 'enforcement' fee. If they do charge you more, get help from an advice centre.

You would have thought rossendale would have learnt their lesson after last nights undercover documentary exposed their poor practices lol.

[CleverClogs]

Re: Rossendales-Levy Charges C Tax

how do I stand?

With your hands protecting your groin.

Other than that, I'd concur with teaboy2 - the ruffian from Rossendales has done their usual trick of trying to make a levy (improperly) upon a motor-car that does not belong to the debtor, then charging for a van and driver to remove the aforesaid motor-car when it should be perfectly obvious that the van would be too small even if the levy had been valid.

[NRSB]

Re: Rossendales-Levy Charges C Tax

So they can only charge for sending a van if they have a walking possession order which is signed by me?, for no other reason?.

[mr.ton]

Re: Rossendales-Levy Charges C Tax

I really would tell them to go shove their charges were the sun don't shine.
Challenge these charges with the authorities if need be.

[NRSB]

Re: Rossendales-Levy Charges C Tax

I would love to tell them to poke it but prefer to fight my battles well armed, is there a specific bit of legislation I can rely on.

[CleverClogs]

Re: Rossendales-Levy Charges C Tax

I would love to tell them to poke it but prefer to fight my battles well armed, is there a specific bit of legislation I can rely on.

Yes.

[wiccaqueen]

Re: Rossendales-Levy Charges C Tax

A walking possession does not have to be signed by the debtor
A bailiff can only levy goods belonging to the debtor

the bailiff should have left a notice of seizure of goods and inventory listing the car (this notice would have given you opportunity to tell them its not yours )

The council tax (administration and enforcement regulation) 1992(amended)

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

April 2010 Insight – Local Government Ombudsman

As it has become increasingly difficult for bailiffs to gain access to debtors’ homes for the purpose of taking goods for council tax, the practice of levying on vehicles in the absence of the debtor has grown. These vehicles may be parked on the debtor’s property or in the road outside. This practice, if abused, can lead to the Local Government Ombudsman finding fault with the bailiffs and the council employing them.

The Ombudsman has dealt with at least four unreported complaints when cars parked in the road were levied on, but did not belong to the debtor. In each case the bailiffs assumed that the vehicle belonged to the debtor, but did not check ownership before making the levy. In one case, having levied on the car, a notice was put through the debtor’s letterbox including the fees. As the debtor did not respond, the bailiffs returned to remove the car, but found it was no longer there. Despite not being able to levy on the goods the bailiffs charged a “van fee” (under head C of Schedule 5 of the 1992 Administration and Enforcement Regulations, as amended) of £105, and posted a further notice through the letterbox to advise the debtor of the new, higher debt.

In three other complaints, involving a different authority, the same thing happened – with levy and van fees being charged for cars not owned by the debtors. In those cases the debtors contacted the bailiffs to say that they did not own the cars. The bailiffs acknowledged this, but still insisted that the levy and van fees were payable. When our investigator queried this with the council, they were told that the bailiffs would have checked with the DVLA before moving the car, but even if the debtor did not own the car the levy fees would not have been removed.

These practices are likely to result in a finding of administrative fault by the Ombudsman. There is no question that when bailiffs have carried out a relevant action, they are entitled to the fees the law allows them to charge. However in these cases the levy and van fees were being charged for goods that the bailiff would not have removed - had the car been found and the bailiffs checked before removal, it would have been found they belonged to a third party.

A council may say that a check would be made before any removal, but this does not prevent possible fault. Some debtors will pay when they receive the levy or other notices, and will pay fees that should not have been charged to them. Levying on a car parked on someone’s drive may appear less problematic as it is more likely to belong to the debtor. But if it does not, and levy and van fees are charged and paid, then the debtor has suffered the injustice of paying fees that were not due.

In all four cases the Ombudsman recommended the same remedy. The levy and van fees should be refunded and the council should ensure their bailiffs check ownership of vehicles with the DVLA before levying on them. Debtors should pay what they owe, and if a vehicle belongs to the debtor (and any levy would not be excessive) then levying and charging reasonable fees would not be questioned by the Ombudsman.

All councils are encouraged to ensure their written policies say that bailiffs, whether internal or external, do not levy on vehicles without first checking ownership. Failure to do so could mean that any future complaints to the Ombudsman may be the subject of a public report against the authority.


Andrew Hobley is Senior Investigator with the Local Government Ombudsman.

[NRSB]

Re: Rossendales-Levy Charges C Tax

Thanks for that, very useful.