PAID COUNCIL IN FULL, can thay take my car to cover there fee's

[almateus]

Hi

was dum and didn't pay my council tax, the came to my home today and noted my car in a " notice of seizure and inventory of goods " form 7

i rang the council up and asked them what i owed to them and paid it in full over the phone. they said they would notify the bailiff that the account had been cleared, but of course there are still the fee's that the bailiff set ( £195 ) for posting the nitice through the door.

i simply can't pay out another £200 for them as i used everybit of my savings to pay the council, what i owed.

can they still come and take my car to cover the cost of there fee's ??

i dont owe the council now, but they have added fee's , can they use the vehicle to cove them..

i know its naughty but i am already making preperations that the car was actually already sold last week..! and i have a copy of a receipt i gave to the buyer and a copy of the V5 details change from last week ( i can use my farther in laws as a cash buyer ) of course the money from the sale went to pay off the council etc etc he just hadn't collected the car, but he has today for if he returns ( i have moved it out of sight )

just wondering where i stand, can he enforce the form 7 and take the car even though i have cleared the debt with the council, and only owe them there fee's of £195, which i guess is enforcement or admin fee's on top of the standard £24 first visit fee.

[ploddertom]

Re: PAID COUNCIL IN FULL, can thay take my car to cover there fee's

With Council Tax the bailiff is entitled to deduct his fees first and pass any balance to the Council, Say you owe £500, the Bailiff has added fees of £50 making a total of £550, you pay the £500 leaving what you think are the £50 fees but that has already been paid to him so you still owe the £50 for the debt and the Bailiff can & will enforce for this amount.

All is not lost however, you need confirmation from the Council that your liability is now ended and you owe them zilch - you require this in writing. You can then invite the Bailiff to sue you for his fees, don't forget he is entitled to only those that are lawful or you could pay him voluntarily. If this is his first visit to you all he can charge is for the Levy Fee which is a percentage of the amount owed - certainly not £195. The reverse of the Notice of Seizure should list the fees charged.

If you have "sold" the vehicle then you should have declared this at the outset and provided documentation proving it - to do so now may be difficult.

[Guest]

Re: PAID COUNCIL IN FULL, can thay take my car to cover there fee's

PAID COUNCIL IN FULL, can thay take my car to cover there fee's

No they cant.

JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said:

Thus the bailiff gets paid only through the process of execution: if he becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.

Source http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html

[mohmmad786]

Re: PAID COUNCIL IN FULL, can thay take my car to cover there fee's

No they cant.

JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said:

Thus the bailiff gets paid only through the process of execution: if he becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.

Source http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html

I am not as experienced as the other two members above me but as far as i know the bailiff cannot levy just for his own fees. Now lets say that the amount you owed was £500 and bailiff fees was £50 and you paid the council £500 than bailiff cannot levy on anything just for his own fees but this is just my understanding and i am sure the above members or other experienced members might be able to tell you more or correct me if i am wrong.