Bailiffs & Council Tax

[CleverClogs]

Re: Bailiffs & Council Tax

Dare one hope his 'chute was made and packed in China?

[vunerable]

Re: Bailiffs & Council Tax

no how do I do that please (find out if they are certified that is) other than asking than asking her & I really don't want another conversation with her

[vunerable]

Re: Bailiffs & Council Tax

l have tried to copy & paste the letter left at my address but it wont work so here is the layout:-

name & address of company reference no's date the letter was produced (23/7/2013) then in big letters First Notice then Arrears of Council Tax owed to Bournemouth Borough Council. it then reads as follows
We have today attended your premises in respect of the above debt. Unless you contact the Bailiff immediately, the Bailiff will return to your property with the view to levy distress (listing your goods) as security against this debt which will incur further costs. The Bailiffs tel no is stated below.
Todays fees £24.50 Total Outstanding £1096.34 (written by bailiff)
Please note further statutory costs under Council Tax (admin & Enforcement) regulations 1992. Regulation 45 and The Non-Domestic Rating (collection and enforcement) (local lists) Regulations 1989 Regulation 14 are listed below.
Second Visit Fee £18.00
Levy fee £(blank)
Walking Possession £12.00
Admin fee in accordance with Section H £24.50, if applicable
Reasonable costs for the attendance of a removal vehicle.
R & R can enter into a payment arrangement upon assessing your current circumstances. However, full payment by card can be made over tel.......
Bailiff: G FOY Mobile no...............
Date & time of call


Then the phone call that I mentioned in other posts bearing this in mind this is how I have done my opening paragraphs on the no 3 letter..........

I was visited by on 26^th July 2013 and was being pressured into paying the sum of £260.00 to cover costs for an alleged debt with Bournemouth Council.


As I was not at home, the Bailiff left written notification that they were acting on behalf of the council/authority. This stated I owed £1097.34 with additional charges for visits, walk in possession section H (if applicable), Levy fee (this remained blank) reasonable costs for the attendance of a removal vehicle.They then phoned me their approach was to bully me into paying. I mentioned that by paying the bill, I would be left without any money and their response was that they were going to enter my house by any means and would take goods and I would have further fees to pay.


I just want to get this right

Thank you

[bluebottle]

Re: Bailiffs & Council Tax

Some of the charges are suspect. I have just checked the Certificated Bailiff Register and there is a G C Foy registered to R & R whose certificate expires 8 November 2014, issued by Bournemouth & Poole County Court (Bournemouth County Court on the register).

[vunerable]

Re: Bailiffs & Council Tax

Thank you bluebottle not sure if you have read all my posts but when I spoke to her on the phone she said all the above charges plus "£49. for levi & £151 for van" total £260 !!!

[bluebottle]

Re: Bailiffs & Council Tax

Thank you bluebottle not sure if you have read all my posts but when I spoke to her on the phone she said all the above charges plus "£49. for levi & £151 for van" total £260 !!!

Firstly, what levy does she have? A van charge can only be made if the bailiff has a valid and lawful levy and the van is necessary to remove goods for auction. No levy, no van, no fees.

[vunerable]

Re: Bailiffs & Council Tax

well just made last payment on the previous debt by my figures (not theirs by the sound of it) can't add & subtract anymore & get any different figures so surely they will have to present proof I owe more than this before they can take anything.

They tried to demand additional money from me for card charges last year. Saying the machine their end didn't take the payment & I must have used a credit card I advised I had only ever used 2 accounts 1 that paid previous payments with D.card charges evident as they weren't asking for previous payments & the other d.card that they were charging at the time. They asked for proof of the accounts I never replied never heard anymore.

They just constantly trying it on

[bluebottle]

Re: Bailiffs & Council Tax

well just made last payment on the previous debt by my figures (not theirs by the sound of it) can't add & subtract anymore & get any different figures so surely they will have to present proof I owe more than this before they can take anything.

They tried to demand additional money from me for card charges last year. Saying the machine their end didn't take the payment & I must have used a credit card I advised I had only ever used 2 accounts 1 that paid previous payments with D.card charges evident as they weren't asking for previous payments & the other d.card that they were charging at the time. They asked for proof of the accounts I never replied never heard anymore.

They just constantly trying it on

"Trying it on" is, probably, an accurate description of what they are doing. The only charges they can legitimately ask you to pay are those permitted by applicable legislation. Debit and credit card charges are not included within the applicable legislation and cannot, therefore, be imposed or demanded.

Asking for a breakdown of fees, together with dates and proof of levies, etc., may well be your next step, if you have not already done so. Only then, do I suspect, will you become aware of any overcharging and/or unlawful/illegal charges and to what extent.

[vunerable]

Re: Bailiffs & Council Tax

Yes, though they might experience difficulty with getting a foot in the door.

I expect it will only be a matter of time before a bailiff tries to charge for "attendance with a cherry-picker platform".

Getting to grips with how to use this now

I have a front door that is ground level. I was thinking more about the windows as i have seen a note about downstairs windows. I don't want to make any mistakes

[CleverClogs]

Re: Bailiffs & Council Tax

One must wonder what sort of levy of goods and chattels within the house could have been made, if the householder was not at home and the bailiff had not been admitted. Another bailiff might have levied distress on a previous occasion in respect of another liability order, but the delightful (1), charming (1) and fragrant (1) Ms Foy plainly could not have done so this time, on that LO.

Hence, she should not charge a levy fee, a "van fee" or a "head H admin fee" - but, then, she should not have charged both the first visit fee and the second visit fee for the same, first visit.

(1) These are tongue-in-cheek descriptions

[vunerable]

Re: Bailiffs & Council Tax

Ah. Bournemouth. It was Bournemouth & Poole County Court who revoked a R & R bailiff's certificate without a Form 4 or hearing during 2012. Let's see if R & R let their bailiffs behave so badly the court comes up trumps and revokes more certificates without a Form 4 certificate or hearing. Can't speak for Dorset Police and their attitude towards certificated bailiffs, but Hampshire Police don't take kindly to bailiffs who cross the line, as the one mentioned at the beginning of this post found out.

This wasn't a R Smith was it he was the one who came to my door last year bullying. There was a different guy on the first visit & he agreed to take £100 off me to set it all up I made an appointment but due to having to go take someone to hospital for a heart appointment at during that time I rescheduled the following week he then passed it to R Smith who demanded £250, again without entering my home, & was bullying wrote to the council as it was his word against mine they did the "goodwill gesture". In fact i tried to do the paperwork outside & he said he couldn't do that mmmm wonder why

[CleverClogs]

Re: Bailiffs & Council Tax

I have a front door that is ground level. I was thinking more about the windows as i have seen a note about downstairs windows. I don't want to make any mistakes

You are not, alas, permitted to pour boiling oil through the machicolation upstairs. (link) :grin:

[CleverClogs]

Re: Bailiffs & Council Tax

In fact i tried to do the paperwork outside & he said he couldn't do that mmmm wonder why

No, you don't wonder why.

You know why... :grin:

[vunerable]

Re: Bailiffs & Council Tax

Hi

I spoke to the council today & asked for the debt outstanding on the accounts this is their reply
2013/2014 £817.34 agreed
2012/2013 £120.84 not agreed

The debt for 2012/2013 should be £45.34 which was paid yesterday to R & R I queried this & they said that R & R could be behind with paying them!! I have been paying a minimum of £100 up until yesterday. I still haven't had a reply from r & R confirming the outstanding amount. I went through the debt & payments with the guy on the phone & his reply was he didn't know what the bailiffs can charge, he didn't necessarily agree with what they charge but it ws nothing to do with them!!

I spoke to national debt they advised me to pay the £75.50 outstanding with the council to r & R & then write a complaint to get the money back but if I haven't been told in writing that I still owe £75.50 & how they arrive at that figure should I do this?

The debt 2013/2014 I asked to pay them direct but was told no I couldn't.
I have lost nearly half a stone over the weekend through worry thought some would have been alleviated after paying what I believe to be the last payment. A couple of yrs ago r & r's payment site showed your balance so you knew where you were now there is nothing.

By the way also noticed they had charged me £24.50 section H on 2011/12 so that with 2012/13 they owe me £49 when I get this sorted.

[bluebottle]

Re: Bailiffs & Council Tax

This wasn't a R Smith was it he was the one who came to my door last year bullying. There was a different guy on the first visit & he agreed to take £100 off me to set it all up I made an appointment but due to having to go take someone to hospital for a heart appointment at during that time I rescheduled the following week he then passed it to R Smith who demanded £250, again without entering my home, & was bullying wrote to the council as it was his word against mine they did the "goodwill gesture". In fact i tried to do the paperwork outside & he said he couldn't do that mmmm wonder why

No. The bailiff who fell foul of Bournemouth & Poole County Court and the Civil Procedures Rules was an N Sellwood. Not content with besieging a seriously-ill person's house for five hours, lying to Hampshire Police she was a court bailiff and trying to illegally seize the person's daughter's car, she would not leave until a sergeant from Hampshire Police gave her an almighty earful and, figuratively speaking, kicked her gluteus maximus out of the area. What brought about the downfall of Sellwood was statements from neighbours, video footage and a copy of the police report being sent to the DJ at Bournemouth & Poole County Court who promptly acted as described above.