breakdown of charges council tax

[sanj]

After taking your advise i send a email to the bailiff ,for a break down of there charges.My council tax was for £1200.When the bailiff came, he went to my fathers home I haven't lived there for over 10 years and was on the electro register for my current address.When requested for a complete breakdown of cost and visits and they wrote fees £24.50 and £18 (STANFORD AND GREEN CIVIL ENFORCEMENT) WHICH ON ONE VISIT 14/7/2011 CHARGED ME £350,which inc

Arrears due to authority £155.80
Fee' 42.50 1x 3 piece suit
Levy Fee 26.73 1 x sony T.v
Attendance charges 125.00 2 x Aluminium ladders
£350.03 1 X classic motor car

Now all these items are at my fathers house and he must have looked throw the window and wrote down the Sofa and t.v and looked in the garage window and wrote down the ladders and car which i don't owe. They have not given me a complete breakdown and say i should have contacted them but choose not to.

[miliitant]

Re: breakdown of charges council tax

i am no expert on baliff law but i am sure i have seen posted that a baliff cannot do a levy by looking through a window, its like he has to lay his hands on the goods

the baliff had no authority to go to your fathers address if you are on the electoral register at another premises

we have some very good baliff experts on the forum so check back this evening when they get in from work

[bluebottle]

Re: breakdown of charges council tax

You are correct about bailiffs doing a levy by looking in through a window, Miliitant. Unless the bailiff levies on items outside or physically gains entry and conducts a levy inside a property, any levy obtained in that way is invalid.

The local authority need to be formally told, in writing, about their brainless enforcement contractor's actions and the legality of those actions. The bailiff company need to be put on formal notice that any attempt to remove any goods from the OP's father's property will constitute an illegal levy and seizure and render those involved liable to possible arrest and prosecution for Theft. The local authority may also be liable to a Regulation 46 complaint which involves them appearing before the magistrates court. If matters reach this stage, which I hope it doesn't, the local authority could be liable for damages for trespass by the bailiff as well as compensation.

Your father should swear a Statutory Declaration as to his ownership of the goods listed. The LO issued to the bailiff company also needs to be checked and the details on it checked. It might be an idea for your to swear a Statutory Declaration as to your residence.

In the first instance, contact the local authority involved and find out what is going on. Secondly, check the details on the LO. Thirdly, after getting answers from the local authority, contact a senior manager at the bailiff company and inform them what their brainless employee has done. The bailiff's legal protection against being sued for trespass is linked to the LO. Not complying with the Council Tax (Administration & Enforcement) Regulations 1992 (as amended) and Distress for Rent Rules 1988 can backfire on bailiffs and local authorities.

[BAILIFFCHASER]

Re: breakdown of charges council tax

Your father needs to call the police and log a complaint against the bailiffs.

[bluebottle]

Re: breakdown of charges council tax

What offences are you citing, Bailiffchaser?

[sanj]

Re: breakdown of charges council tax

Stanford and Green

[bluebottle]

Re: breakdown of charges council tax

Unless the LO has your father's address on it, the bailiff is guilty of trespass and both they and the local authority can be proceeded against. The levy is, in any case, invalid as it was not carried out in a proper or lawful manner and the goods are that of a third-party. Follow what I have said in Post #3. You and your father can get a local solicitor to do a Statutory Declaration. It will cost £5-£10. I would advise you have about four copies of each signed by a solicitor. Serve copies on the bailiff and local authority.

[labman]

Re: breakdown of charges council tax

You will find examples on the Bailiff forum - at the top of the page click bailiff.

http://www.legalbeagles.info/forums/...67-Council-Tax

and Number 2 from here for the Stat Dec:

http://www.legalbeagles.info/forums/...Useful-Letters

[sanj]

Re: breakdown of charges council tax

Hi just sent Email to Stanford & Green requested a copy of L/O.
What surprises me is that i haven't even lived at my dad's address since 2000,
If i have not lived there,how can go there?
If the local council have slipped up surly that's a matter for them to sort out with the council.
The £350 the bailiff has added on top of the amount for there slip up and what me to pay for his mistake.There acting like Bountry Hunters.. LOL

[bluebottle]

Re: breakdown of charges council tax

Hi just sent Email to Stanford & Green requested a copy of L/O.
What surprises me is that i haven't even lived at my dad's address since 2000,
If i have not lived there,how can go there?
If the local council have slipped up surly that's a matter for them to sort out with the council.
The £350 the bailiff has added on top of the amount for there slip up and what me to pay for his mistake.There acting like Bountry Hunters.. LOL

Absolutely. If the local authority have messed-up, that's between them and the bailiffs. The bailiffs cannot make you pay for the local authority's failure of due care and diligence. If you have a particularly busy main road or motorway near to where you live, suggest to the bailiff that he goes and plays with the traffic there. He isn't entitled to a penny other than what the law permits and he can prove has been legitimately incurred. However, I have just had a thought. You should check to ensure the local authority has correctly obtained the LO. If they gave the wrong details to the court, it may affect the bailiff's legal protection.

[sanj]

Re: breakdown of charges council tax

Hi took your advise and got a letter back from Stanford & Green to explain the activity of there bailiff going to my fathers address and the charges added.£350+ £85. for there letters.ANYWAY
They have removed £350 saying that the council have informed them that i have been living at my present address since 2003.But have not removed the £24.50 x2 first letter and £18.00 x2 for second letter =£85.00 i have paid £205 to date.
Now what the next step cos i want to teach these animals a lesson. i will now get in touch with the council for them to explain and take back the council as there Humpty Dumpty bailiff screwed up!!!
Can this be classed as fraud cos a bet if i didn't front them it would have gone unnoticed,there not giving me the bailiff Full name only Mr.Anderson.Also they were trespassing looking through windows over fence's unlawful levy and then billing me for it JOKERS.. Again your valuable advise is required..big Cheers to you!!

[bluebottle]

Re: breakdown of charges council tax

S & G's brain-dead bailiff went to the wrong address and failed to comply with the law. The wrong address is down to the local authority and S & G should approach them for any visit fees. They cannot charge you for going to the wrong address and should, therefore, be told to go swivel. The local authority is 100% vicariously-liable for the actions of S & G and their bailiffs.

I have run a quick check on the bailiff involved and he is not showing as certificated. Although there are four certificated bailiffs listed with the same surname, none of them is registered as being employed by S & G. However, if the bailiff has changed employers and not informed his certificating court, his certificate will be invalid. Send an email to cbregister@hmcts.gsi.gov.uk and put the words CERTIFICATED BAILIFF ENQUIRY in the subject box of your email browser and check him out. However, before doing so, get back to S & G and request again the name of the bailiff, name of his certificating court and issue and expiry dates of his certificate. If S & G still continue to be unco-operative, I would be inclined to suspect that the bailiff is not certificated, in which case, any levy or seizure would be invalid and/or illegal. Additionally, any fees claimed would not, IMO, be enforceable.

[ploddertom]

Re: breakdown of charges council tax

Have they given you dates for the 2 visits they are claiming for?

[sanj]

Re: breakdown of charges council tax

Hi..the 2 visits there claims for were:
A notice fee of £24.50,when a notification letter is delivered this was applied on 23/11/2010
A second notice of £18 is added when no response to the first is made,this was applied on 07/03/2011

They charged me twice as there are 2 L/O, I've paid them £85, for there service's..what more do they want.

[sanj]

Re: breakdown of charges council tax

i Emailed S/G yesterday for more information regarding the conduct and name of the Humpty Dumpty bailiff but they are not telling me nor have they acknowledged my Email as they usually..So im going to Email them again and again and again give them some of there own medicine.
Without this site and help and advise from all the great people,this would have gone unnoticed Thanks.