Car clamped by Equita for council tax arrears

[star123]

Hi,

My mum's car has just been clamped by bailiffs for council tax arrears of £700, they say she has one liability order. I rang up the council on her behalf and they claim she hasnt made payment since March and I have to deal with the bailiff. My mum has been on sick benefit since March and has been paying her council tax directly from that, so we are a bit confused.

What can we do? some advice please!!!

Thanks in advance

[star123]

Re: Car clamped by Equita for council tax arrears

sorry just seen that the actual debt is £377.20 (£140.70 for council tax and £236.50_ for bailiff fees inc VAT

[star123]

Re: Car clamped by Equita for council tax arrears

sorry the debt was not £700, I read the thing wrong, sooo stressed atm

[ploddertom]

Re: Car clamped by Equita for council tax arrears

What paperwork has the Bailiff left?

[star123]

Re: Car clamped by Equita for council tax arrears

A Bailiff Removal notice stating "Payment due in full -24 hours"

and a notice of seizure and inventory of goods with my mums car reg and car details on it

[ploddertom]

Re: Car clamped by Equita for council tax arrears

What list of fees did he leave? Can you list exactly what is on the Notice of Seizure? Is the vehicle on any type of finance? Did he clamp the car first before handing any notice over?

[star123]

Re: Car clamped by Equita for council tax arrears

On the Notice of Seizure form it just has my mums name, address and the bailiffs name and number, the court they work for. Then it states

"Inventory of Goods" and in that box is my mums car reg, make and model. Then further down it says "Amount owing Council RTax £140.70, Bailliff costs inc VAT £236.50 and then Total Amount if paid today £377.20

Then its signed and dated

He posted te notice through the door, then went to clamp it. My mum owns the car, it is not on HP or finance

[ploddertom]

Re: Car clamped by Equita for council tax arrears

His fees are wrong, if this is his 1st visit and he has levied the car then that is the only fee he may charge. If he saying the outstanding CT is for £140-70 then his fees should only be £27-00 - rounded up to the nearest pound. I can guarantee he has loaded fees for work he has not done and there is no VAT chargeable on fees for Council Tax.

If possible I would pay £167-70 direct to the Council and tell him you have paid direct including fees and he should seek payment from the Council. If he argues over the fees tell him you want his Certificate details as you are considering a complaint for blatant overcharging to the Court where his Certificate was awarded.

Equita have form for this type of thing and it is about time it was stamped out, if necessary by making an example of a Bailiff or two. Others may say they have been reported in the past to Trading Standards but to be honest I think that one has died a death.

[star123]

Re: Car clamped by Equita for council tax arrears

Thank you...we'll try and rake up £167, then if we can will pay it directly to the council via their website

DO you think he will remove the clamp if we just pay that? I'm scared he's gonna want us to pay all his fees to remove it

Thanks

[ploddertom]

Re: Car clamped by Equita for council tax arrears

He has to justify his fees. In this instance you could try to call his bluff as you know he is overcharging, but just remember Bailiffs lie.

[star123]

Re: Car clamped by Equita for council tax arrears

Ok thanks....ugh now to find £170

[star123]

Re: Car clamped by Equita for council tax arrears

Do you know if this has any justification. Apparently it is illegal for someone to clamp a car because of council tax arrears http://www.dealingwithbailiffs.co.uk...our-rights.htm

[charitynjw]

Re: Car clamped by Equita for council tax arrears

Do you know if this has any justification. Apparently it is illegal for someone to clamp a car because of council tax arrears http://www.dealingwithbailiffs.co.uk...our-rights.htm

Included within this link is another link to a Form 4 complaint.
I believe the smart money says don't do it!

[bizzybob]

Re: Car clamped by Equita for council tax arrears

Form 4 Please don't go there, you will be the one to suffer

[star123]

Re: Car clamped by Equita for council tax arrears

Ok thanks guys!