hello to every one

[kleo1]

I need help.15 of may I opened the door for the bailiff,first when I open the door he put the boot at doorstep and he said that I have to pay £440 for council tax. I inform him that must be mistake because I have the letter from council that outstanding bill is covered by my husband bankrupt order then he want come in.I told him 3 times for take the boot from my door hi still want come in so I inform him if he don't take the boot I will open the gate for my dogs (then he take the boot so I shut the door)I take the letter from council and I come out,he don't want read,he said that I can't contact council before I make full payment.I said that I have to contact the council first and I back in.He knock to my door and after clamped my car I been in council and they said that outstanding balance is from my previous address where on the bill was my and my husband name and I have to pay this so I arrange the payment £100 every month,when I back to home the clamp was take off but they add over£300 to the balance.I was a few times in council also I write letters why council not inform me about any debt before send the bailiff,also on my last visit in council I wish to see any copy of liability order or summons(I think was just for my husband name)the man said that he can't show me anything.I have not idea what can I do yet.I also don't understand why they send the bailiff to me on 2013 if the debt is for period 06.2007-09.2007 I will be grateful for any help(I'm not working so is difficulty paying the bailiff fee)

[bluebottle]

Re: hello to every one

Hi and welcome to Legal Beagles.

Firstly, the bailiff is legally-required to hand you a copy of the Liability Order and Regulation 45, Council Tax (Administration & Enforcement) Regulations 1992 (as amended) on his first visit. If he/she has not done this, this raises questions as to whether the bailiff is acting under lawful authority.

Secondly, any bailiff who puts a foot in the door to prevent a debtor closing the door is breaking the law. You did well threatening to let your dogs out. However, do make sure their anti-rabies jabs are up to date as if they had bitten the bailiff, they would probably have needed to be treated by a vet. You never know what sort of germs bailiffs are carrying.

Thirdly, how many visits has this bailiff made to your home? The fees permitted under the legislation I have mentioned earlier in this post are £24.50 on the first visit and £18.00 for a second visit. A levy fee must not exceed the visit fees.

Fourthly, if the council and bailiff are refusing you show you the Liability Order, that is very suspicious and I would challenge their actions.

Finally, which bailiff company is involved, please?

[kleo1]

Re: hello to every one

is JBW .the first letter they put to my door 02.01.2013(balance before today's visit £440.60,attendance to levy fee£29.40,total balance £470.00)on 05.02.2013they leave another letter(balance before today's visit£465.10,attendance to levy fee £21.60,total£486.70,on07.02.2013 they send letter amount outstanding£483.10.After the visit when I open the door they clamped my car which was parked on the road they put the letter to my door:NOTICE OF SEIZURE OF GOODS&INVENTORY(LIABILITY ORDER AND COURT COSTS£440.60,LEVY/ATTENDANCE TO LEVY£39.00,REMOVAL/ATTENDANCE TO REMOVE£210.00,OTHER£42.50,TOTAL AMOUNT DUE TODAY£732.10

[TopBoy]

Re: hello to every one

The fees seen to be all over the place- can i ask your general location, because the attendance to levy fees should be 1st visit: 24.50, second visit: 18.00 (or 22.50/16.50 in Wales) - on the notice of seizure it appears. you are being chsrged on the welsh scale. I am confused about the 42.50 "other costs" as this sounds like the english atl fees. The bailiff had no right to put his foot in the door - this would constitute a forced entry which hr has no rightto do without a prior levy. There is no requirement for the bailiff to carry the liability order on him - and in honesty he will have never seen the liability order as the council retain this, if requested the bailiff should show you written authority to distrain on behalf of the local authority, and his current bailiff certificate.

[kleo1]

Re: hello to every one

hi I live in London,the bailiff don't show me any documents,when I ask council they also don't show me anything

[bizzybob]

Re: hello to every one

Which council? They are obviously very silly using Jamie's Bloomin Winkers for enforcement. The fees look entirely wrong Have they been allowed in, have they listed goods?

[ploddertom]

Re: hello to every one

hi I live in London,the bailiff don't show me any documents,when I ask council they also don't show me anything

The quote below is taken from Tomtubby on CAG this morning for someone in a similar position.

"The local authority may ONLY use a bailiff to recover a debt IF a Liability Order gas been granted. Unless they can provide EVIDENCE that a LO was granted then they can on ASK you nicely to pay the debt.

The "write off" policy is crucial in your case."

[bluebottle]

Re: hello to every one

The fees seen to be all over the place- can i ask your general location, because the attendance to levy fees should be 1st visit: 24.50, second visit: 18.00 (or 22.50/16.50 in Wales) - on the notice of seizure it appears. you are being chsrged on the welsh scale. I am confused about the 42.50 "other costs" as this sounds like the english atl fees. The bailiff had no right to put his foot in the door - this would constitute a forced entry which hr has no rightto do without a prior levy. There is no requirement for the bailiff to carry the liability order on him - and in honesty he will have never seen the liability order as the council retain this, if requested the bailiff should show you written authority to distrain on behalf of the local authority, and his current bailiff certificate.

You will find, buried in the bumph of the Council Tax (Administration & Enforcement) Regulations 1992 (as amended) that a bailiff must, on their first visit, hand to the debtor, a copy of the LO and a copy of Regulation 45 of the Regulations.

[bluebottle]

Re: hello to every one

Which council? They are obviously very silly using Jamie's Bloomin Winkers for enforcement. The fees look entirely wrong Have they been allowed in, have they listed goods?

Get it right, BB. It's Jamie's Brainless W*nkers. I've also noticed that JBW are up to their usual trick of charging ATL and ATR fees on the same visit. Sooner or later, than stunt is going to backfire on Waller in a way he's not expecting. I would never be surprised to see him dragged before a court and either fined, jailed or both or allowing it to happen. Provision exists in law to enable that to happen, so Waller cannot claim he did not know as ignorance of the law is neither a defence or excuse.

[bluebottle]

Re: hello to every one

The quote below is taken from Tomtubby on CAG this morning for someone in a similar position.

"The local authority may ONLY use a bailiff to recover a debt IF a Liability Order gas been granted. Unless they can provide EVIDENCE that a LO was granted then they can on ASK you nicely to pay the debt.

The "write off" policy is crucial in your case."

Absolutely spot-on, PT. If a bailiff cannot prove they have lawful authority to act, as you say, they can only ask nicely to pay the debt. Other than that, it's a case of "There's the gate/pavement, now bugger off."

[kleo1]

Re: hello to every one

is Hounslow council,I don't let them in but they clamped my car,on 1st june I pay to them £100-they send£50 to council,today send me reminder that my payment is due today and I have to pay £100 today

[bluebottle]

Re: hello to every one

I would be inclined to make a written request, asking LB of Hounslow for a breakdown of payments JBW have passed to them so far. I wouldn't put it past JBW to attempt to rip-off you and Hounslow Council.

[bizzybob]

Re: hello to every one

BB Is there any truth in the rumour that the JBW corporate song is The Winker's song (Misprint) by Ivor Biggun?

http://www.youtube.com/watch?v=nkqfa-kaRFM


Certainly looks that way judging by their usual muppetry.

[kleo1]

Re: hello to every one

when I was last time in council I offer the payment directly to the council(not to the bailiff) but the men said that the account is in the hands of JBW bailiffs and I must liaise directly with them regarding payments

[kleo1]

Re: hello to every one

also my husband declared bankrupt on the 16th October 2009 and the letter from bailiff was still coming just for his name