pheonix

[rifty]

hi all,new to the forum,i will keep this short.
my council tax collecting bailiff decided to do a levy over the phone with me on my car which is still on hp,is this allowed?
thanks in advance.

[labman]

Re: pheonix

No, it is definitely not allowed. They can't levy over the phone and they can't levy a car on HP.

All in all, normal bailiff behaviour! lol

[rifty]

Re: pheonix

the evil sod stuck£120 quid on the bill too,lol.
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is it worth complaining to the council,or call theivnix?

[charitynjw]

Re: pheonix

Just a thought - if it were me, I would secure evidence to prove that it wasn't a face-to-face meeting.

[wales01man]

Re: pheonix

RIFTY
How does the baliff know the car is yours?

[teaboy2]

Re: pheonix

He doesn't, as its on HP so its not owned by Rifty but by the finance company who he has the hire purchase agreement with.

The bailiff is just thinking hes a clever ******* and that he can get away with it e.g. abusing his position. Such abuse may well cost him his license - Then he really will be a clever ******* lol.

[rifty]

Re: pheonix

thanks so much for your replies,i will start from the beginning.
i got a letter through the door from a pheonix bailiff last month,with the heading...notification of intention to distrain...i rang the guys mobile when i got in from work,this was a monday.
he told me to call him back on the wednesday as he was in court on the tuesday.
so i did as he said and called his phone on the wed,he then said did i have a car as he needed to do a levy on it,as i had not settled the full amount within 24 hours of the letter he had posted.
so i gave him my reg number and that was that,i asked him what the total bill was,and he said he would pop over on the friday to take payement as he was in the area,he told me the levy fee was £120,on top of some other charges.
i paid by card,and that was that.
ps,this was all about council tax arrears,shame i never recived any pre warning from the company he works for.
regards,and thank you all again.

[solidgoldbrass]

Re: pheonix

Newlyn tried to place a levy on a car outside my house. It wasn't my car. I don't own a car. I did point this out to them rather firmly on the phone and advised them that trying to seize random cars that might belong to my neighbours or othe people visiting my neighbours would be a Really Bad Idea.

Could I get their licence pulled for that alone? <fiendish grin>

[labman]

Re: pheonix

First thing Monday morning, phone the council and ask how many Liability Orders they have against you, and the amount of each. The levy is not valid, nor is the £120 they have taken from you. You owed £24.50 for the first visit, that is it.

Charity is devious, but correct. Can you phone the bailiff about the levy and record the conversation? Ask if you're allowed to use it or something, but ensure you get the levy over the phone mentioned and agreed.

When I'm on my computer later, I'll post a letter for the council for you.

Meanwhile do not let any bailiff into your house. Keel the door locked and downstairs windows shut. Keep your car a few streets away. Do not talk to them other than the phone call, and do not give any information, or make any payments.

Will post again later.

[rifty]

Re: pheonix

many thanks labman,was going to ring the council but wondered if they would just fob me off with,,,,,its got nothing to do with us story,,,,,,but if they contract the bailliff company,then they hold some responsibility?.....will look forward to some ammo from you......
many thanks again

[wales01man]

Re: pheonix

I cannot beleive how these baliffs are able tp conduct themselves in a way outside the rules and the councils condone their action.If a council employee acted so far out the rules they would face action and may lose their jobs, one must wonder if someone in the councils employee is on the take .I also would like to know why when told of the actions of their baliffs who they are responsible for they refuse to act has anyone on here heard of a baliff company losing their council contract for repeated offences im sure after reading hundreds of posts about baliff behaviour and it goes on a lot.

[ploddertom]

Re: pheonix

many thanks labman,was going to ring the council but wondered if they would just fob me off with,,,,,its got nothing to do with us story,,,,,,but if they contract the bailliff company,then they hold some responsibility?.....will look forward to some ammo from you......
many thanks again

How have you got on with this? Are you aware that the Council are 100% liable for the actions of their contractor and can be held accountable. Have you had a breakdown of fees from the Bailiffs?

[rifty]

Re: pheonix

well here is the up date,the council didnt want to no about the account once it was passed over,yesterday i recieved a broken arrangement notice from pheonix for £120,which is strange as i had paid the full amount including fees to the bailiff,ive asked them for a break down of the fees the have applied,and they are posting that today,,,,,,,but the also said that the bailiff might visit in the mean time to collect,,,,ggrrrrrr,,,,if he turns up and starts shouting through the letter box about lock smiths and vans and police,,still keep the door shut right//,,many thanks

[pepsie]

Re: pheonix

well here is the up date,the council didnt want to no about the account once it was passed over,yesterday i recieved a broken arrangement notice from pheonix for £120,which is strange as i had paid the full amount was this to the whole debt,including fees to the bailiff ,ive asked them for a break down of the fees the have applied,and they are posting that today,,,,,,,but the also said that the bailiff might visit in the mean time to collect,,,,ggrrrrrr,,,,if he turns up and starts shouting through the letter box about lock smiths and vans and police,,still keep the door shut right//,,many thanks

If the debt was satisfied in full including the authorised fees and no visit was made then there are no fees to pay on top of the debt.(remember they will claim that posting a letter through your door constitutes a visit) they can go go hang for any other fees the merely think they are entitled to. I would love to be a fly on the wall when the Court hears about their invalid levy and attempts to charge for it?

Fees: 1st Visit £24.50 2nd Visit £18 total £42.50

Pepsie

[rifty]

Re: pheonix

well i just got the break down of fees through the post.
.
.
.
here is my version,,,13th feb,hand posted letter,notification of inttention to distrain.
phoned bailiff the same day,told me to phone him on the wed.
did that.
said he had to levy on my car(still on finance) as i had not paid the full amount within 24hrs.
job done
.
.
.there breakdown,15th feb,,levy fee £34.00
attendance/van,£110.00.......what attendance,what van?????????.

so there we go,nothing about 1st visit of £24.50 or a second visit£18.00.
confussed.