Council Tax Bailiffs

[CleverClogs]

Re: Council Tax Bailiffs

How much will you pay?

[bluebottle]

Re: Council Tax Bailiffs

As soon as the bailiff became aware the car belonged to a third party, any demands he made thereafter fall within the ambit of Section 21, Theft Act 1968, as he would have no right in law to demand you pay on pain of leaving your OH's car clamped or selling it, as your OH is not the debtor. Also, such a threat would not be a proper means of enforcing any demand, under those circumstances. It is immaterial that the bailiff felt he was justified in clamping the car. The onus is on him to prove a. he had a right in law to make the demand, in the circumstances, and b. that the use of menaces, that is, by clamping your OH's car and refusing to remove the clamp, was a proper means of enforcing the demand.

I would contact HSE before the bailiff removes the clamp as once it is removed the endangerment is rectified. I would also consider making representations to the CJ or DJ at the court that issued the bailiff's certificate and let them decide whether any action should be taken against the bailiff.

[bizzybob]

Re: Council Tax Bailiffs

Has the charlatan who needs his yarbles clamping in a suitable vice come to remove the clamp yet?

[JediMaster07]

Re: Council Tax Bailiffs

Has the charlatan who needs his yarbles clamping in a suitable vice come to remove the clamp yet?

I have had to phone him yet again which takes it to 14 1/2 hours of saying he would get someone round and now says he will be 10 mins

[JediMaster07]

Re: Council Tax Bailiffs

How much will you pay?

the full £427.66

[CleverClogs]

Re: Council Tax Bailiffs

the full £427.66

Including his improper levy fee and his potentially illegal "attendance to remove" fee?

How do you hope to see that money again?

[bizzybob]

Re: Council Tax Bailiffs

Including his improper levy fee and his potentially illegal "attendance to remove" fee?

How do you hope to see that money again?

You may well have to take Crapquita and the council to court to get that back, they are not entitled to it, unlawful levy, so only visit fee payable. I would report them to OFT, and Trading standards for upfront fee fraud.

[JediMaster07]

Re: Council Tax Bailiffs

You may well have to take Crapquita and the council to court to get that back, they are not entitled to it, unlawful levy, so only visit fee payable. I would report them to OFT, and Trading standards for upfront fee fraud.

Yes i will be taking Eqita, the bailiff and the council to court for not following proper procedure and the bailiff over his incompitance and also which i have just found out that there was a payment plan in place first payment was not due untill May 30 so Lee unlawfully issued me 2 24hr payment in full notices ( so bring it on ) and yes i will report them , could you tell me how i go about reporting them do i have to do it through a solicitor or can i do that myself

[bizzybob]

Re: Council Tax Bailiffs

Yes i will be taking Eqita, the bailiff and the council to court for not following proper procedure and the bailiff over his incompitance and also which i have just found out that there was a payment plan in place first payment was not due untill May 30 so Lee unlawfully issued me 2 24hr payment in full notices ( so bring it on ) and yes i will report them , could you tell me how i go about reporting them do i have to do it through a solicitor or can i do that myself

Start with that Formal Compalint outlining where they have acted unlawfully, by preloading fees, unlawful levy/clamping Enforcing even when payment plan in place, etc.

[JediMaster07]

Re: Council Tax Bailiffs

Start with that Formal Compalint outlining where they have acted unlawfully, by preloading fees, unlawful levy/clamping Enforcing even when payment plan in place, etc.

Sorry new to all of this who, what and where do i lodge a complaint

[CleverClogs]

Re: Council Tax Bailiffs

Start off by getting a breakdown from Equita of the fees their goon charged.

Use letter 1 here ---> link

Then post their response here and someone (probably bluebottle) can tell you how badly you've been swindled.

[JediMaster07]

Re: Council Tax Bailiffs

Start off by getting a breakdown from Equita of the fees their goon charged.

Use letter 1 here ---> link

Then post their response here and someone (probably bluebottle) can tell you how badly you've been swindled.

Right well i did that got letter back on the 15th April, which read :

further to your correspondence in connection with the above ( council tax )
Having looked at the case I note that no times of visits have been logged, there have been numerous visits made by our external team ( the invisible men, no one has made any visits apart from the ones i have said namely 2 visits pluss todays to declamp ) in the attempted collection of the debts ( only one debt ). On each occasion, where no contact has been established, a letter would have been left ( must have been too heavy and fallen through the floor, No such letters have been left no letters = no visits ).
STATEMENT
Our Ref ########
Liability Order Date: 06.08.2012

Debt £189.16
Statutory Visit Fees £24.50
Levy Fee £ 29.00

TOTAL £242.66

Total Recieved £ 0.00

BALANCE £242.66

I can confirm that our Bailiff Mr Lee Dubois was certificated at Bromley County Court on 11th March 2013. Your file remains with Mr Lee Dubois who should be contacted on ###########. Your account may be subject to further costs.

and both the Final Notice 24hr demand and the Form 7 which i recieved yesterday state:

Amount Owing ( council Tax ) £189.16
Bailiff Costs £238.50
Total amount if paid today £427.66

Having paid Equita today i asked for a reciept and a breakdown of all costs.

[CleverClogs]

Re: Council Tax Bailiffs

and both the Final Notice 24hr demand and the Form 7 which i received yesterday state:

Amount Owing ( council Tax ) £189.16
Bailiff Costs £238.50
Total amount if paid today £427.66

Having paid Equita today i asked for a receipt and a breakdown of all costs.

Good.

Please post them if/when they arrive. Give them a week at the most, then chase them up.

The maximum fee they could lawfully extort is £42.50

[bizzybob]

Re: Council Tax Bailiffs

You may find that all those fees were applied on the same visit and will have dodgy ATR and levy fees at the same time, a no no, along with the void levy.

[CleverClogs]

Re: Council Tax Bailiffs

You may find that all those fees were applied on the same visit and will have dodgy ATR and levy fees at the same time, a no no, along with the void levy.

Which is why a breakdown of the £238.50 is needed.

I believe it will be:

• £ 24.50 Visit fee
• £ 29.00 Levy fee (improper levy)
• £185.00 "Attendance to remove" fee (on the same day - 30/4/13 - as the improper levy?)