HP Car clamped, council tax debt.

[ploddertom]

Re: HP Car clamped, council tax debt.

Of course what they may have forgotten to mention is that if they did remove & sell with the permission of the Finance Co then they have breached their contract meaning you would be due all your payments back plus damages for the breach + interest.

[ploddertom]

Re: HP Car clamped, council tax debt.

Has anyone specified what crimes they should commission?

Being voted in

[ploddertom]

Re: HP Car clamped, council tax debt.

Personally I wouldn't reply back to the Bailiff, I would put the ball firmly back in the Council's hands - after all they are 100% liable for the actions & charges of their agent. Maybe remind them of the recent LGO REport about Blaby Council whereby it is recommended Bailiff do check ownership before levying on a vehicle. I don't doubt for one moment this may turn out to be one of infamous rare errors that are made.

[ploddertom]

Re: HP Car clamped, council tax debt.

The vehicle may indeed have been levied upon and if done properly then yes a clamp may have been attached as a method of impounding it. However there do appear to be a few issues with it. was a Notice of Seizure was left at the time, was it correctly filled in giving Make, Model & VRM, did it also list the charges applied. As for impounding by Clamping then that poses its own problems:
Immediate removal - obviously this did not occur
Securing in a room - not a feasible idea
Close Possession - no one was left
Walking Possession - not obtained
It therefore appears that Clamping in this instance may not have been a lawful action and could be treated as a trespass.

[bizzybob]

Re: HP Car clamped, council tax debt.

Immediate removal would have needed a vehicle with a lifting capability as without keys they would have to break into the car also, and if it is on HP, that has issues as they are not damaging the debtor's property.

[h2013]

Re: HP Car clamped, council tax debt.

Here is the email reply from Medway Council :

The authority to pass a liability order to a bailiff and for him to distrain goods for payment of council tax is contained in The Council Tax (Administration and Enforcement) Regulations 1992, Section 45. The clamping of the vehicle was in accordance with this section. The fees charged by the bailiff are in accordance with schedule 5 of these regulations.

A bailiff from Rundle & Co Ltd has attended the property on several occasions, which you acknowledge as letters have been received by Mrs ---. Both the council and Rundle & Co Ltd believe that the receipt of these letters and the ongoing dialogue with Medway Council are evidence that you knew the debt exists and that ample time has been allowed and that you have had the opportunity to pay the outstanding balance before the actions were taken by the bailiff on 18 February 2013.

I must confirm that Medway Council will not ask Rundle & Co Ltd to return the liability orders to the council.

I have attached a schedule showing the details you requested concerning fees, the bailiffs certification and outstanding balances.

I can confirm that I have investigated your complaint under stage one of the council's complaints procedure. Should you remain dissatisfied, you can ask the Chief Executive to review your concerns. If you would like to do so, please contact the Chief Executive Complaints Officer at Gun Wharf, Dock Road, Chatham, Kent ME4 4TR or on 01634 332456 or e-mail ceco@medway.gov.uk.

Just to clarify my mother has been making payments directly to Medway Council of I think around £10 per month. These payments have not been returned, nor have Medway Council raised any issue with the amounts. We disputed the debt originally and the amount was reduced 3 times by Medway Council as it was incorrect, this was when the 'Senior Recoveries idiot' told us that if payments were made to the Council, the bailiff action would stop. I raised this in an email to him but he denies ever saying it. I will attach the schedule of fees as well.

[h2013]

Re: HP Car clamped, council tax debt.

[CleverClogs]

Re: HP Car clamped, council tax debt.

I don't doubt for one moment this may turn out to be one of infamous "rare" (ie frequent) errors that are made.

IFYPFY

[CleverClogs]

Re: HP Car clamped, council tax debt.

Here is the email reply from Medway Council :

The authority to pass a liability order to a bailiff and for him to distrain goods for payment of council tax is contained in The Council Tax (Administration and Enforcement) Regulations 1992, Section 45.

It is a pity the Council Numpty did not enclose a copy of those Regulations but, then, I doubt that he has bothered to read them. Have a look for yourself - link.

The clamping of the vehicle was in accordance with this section.

Wrong!

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

The bailiff attempted to levy distress against a motor car that belonged to a third party, which shenanigans plainly do not comply with the above Regulation.

As the levy was invalid or improper, it follows that no fees can be owed for that attempted levy.

[bizzybob]

Re: HP Car clamped, council tax debt.

Well the council have confirmed unlawful fees in their broken record our bailiffs are angels missive, so send in an escalated complaint, highlighting where the levy and associated charges are unlawful quoting the LGO report into Blaby council and Rossendales.