Double Take???

[cards down]

Hello All

Can anyone shed some light on the legality of an individual item being named on two WPA's made on the same day at the same property, these where both council tax related.

Thank you

[labman]

Re: Double Take???

Yep, it's illegal.

A bailiff cannot collect two fees in one day for one property in this way, even when they relate (as they must) to two separate liability orders.

[cards down]

Re: Double Take???

Thanks Labman, I know from another thread that the collection fees are open to dispute(and they will be disputed), but it was an item that was put on both the orders i was questioning, one "colour television" on the first WPA and the same "colour television" on the second WPA.

[labman]

Re: Double Take???

Thanks for that. As the WPA was unlawful, it is hypothetical. What I would love to know is how they thought the two WPO's could be carried out.

Can you imagine the bailiffs? It says TV here, but it's gone.

Yes the bailiffs took it.

We are the bailiffs.

Yes, you took it.

But we've got to take it. It's written down here.

I know. You took it earlier.

etc....

[ploddertom]

Re: Double Take???

Thanks Labman, I know from another thread that the collection fees are open to dispute(and they will be disputed), but it was an item that was put on both the orders i was questioning, one "colour television" on the first WPA and the same "colour television" on the second WPA.

Did they list the make 7 size of TV? Did they also list the remote control as a separate item? Did they list any other items on the Notice of Seizure? If they are collecting on 2 LO's at the same time they are supposed to treat them as one.

[CleverClogs]

Re: Double Take???

Thanks for that. As the WPA was unlawful, it is hypothetical. What I would love to know is how they thought the two WPO's could be carried out.

Can you imagine the bailiffs? It says TV here, but it's gone.

Yes the bailiffs took it.

We are the bailiffs.

Yes, you took it.

But we've got to take it. It's written down here.

I know. You took it earlier.

etc....

Are the bailiffs Abbott and Costello, or The Crazy Gang?

[pepsie]

Re: Double Take???

Are the bailiffs Abbott and Costello, or The Crazy Gang?

Little & Large?
(little dicks acting as large pricks)

[labman]

Re: Double Take???

Little & Large?
(little dicks acting as large pricks)

pmsl

[cards down]

Re: Double Take???

It simply says "1 colour television", no make and definitely no remote. On one of the orders our 2 seater sofa was listed, If this had been taken then it would have left our household of 3 playing musical chairs as we would have been left with only 2 seats between us. Not sure if that could be listed as yet another goof made by this man.

[labman]

Re: Double Take???

Yes it can. I think it is reasonable to have somewhere to sit.

The colour television - get one from your local tip if you think they're seriously going to take things and put it there. No make, model is unacceptable.

[ploddertom]

Re: Double Take???

If there are 3 of you in the household then you have to be left 1 seat for each person. If the Bailiff were to remove the seating listed then you obviously would be short by 1. Mrs Ambrose v Nottingham City Council is the relevant case history for this. I would ask however before taking it further and arguing the levy fails due to "irregular distress" that you make sure you are correct - do you have any dining chairs for example.

If the TV is the only other item listed then the Bailiff has not done his job correctly and has not seized sufficient goods to satisfy the debt owing. I would argue he has only made a levy to gain a financial advantage for himself and his company.

[cards down]

Re: Double Take???

Thank you ploddertom, there are other items listed but the value would still fall a long way short of the debt. I will scan the said paperwork and post it on the site once I've finished with it.
WPA err's so far.

1. council say debt handed to bailiff one amount, bailiff fill's in completely different amount. (bailiff company letter confirming council amount rather than bailiff amount)
2. two WPA's issued on the same day and both listing fees for the same visits
3. Same item "1 colour television" listed on the two WPA's
4. listing the sofa leaving us short of seating
5. insufficient goods listed to cover the debt

and to your question, its lap trays for us as we don't have the luxury of the space for dining table or chairs.

[cards down]

Re: Double Take???

Hello again

I'm currently building a letter to my council CEO regarding actions of their appointed bailiffs, I will be including the the items listed in the above post but would like it reworded so it would carry a bit of weight as to say. Any help will be much appreciated. Thank you.

[labman]

Re: Double Take???

I'd give it a go and then post it up. I suspect they'll be comments about other aspects of the letter as well, so if you do a first draft, we can help with a redraft of it.

[cards down]

Re: Double Take???

After 3 weeks and no response from the letter addressed to the head of revs at my local council I have put together a sar for their bailiff company (need to gather as much info before turning my attentions to these people). My next step is to compose a letter to the council ceo (along with a cc to at least my local mp), but not sure whether to leave it till I get my info back from the bailiff company or to start the ball rolling sooner. Any thoughts anyone?