Bailiff pursuing me for charges

[ama11en]

Hi, any help or advice would be greatly appreciated. Unfortunatley my council tax (£1000) was passed to Rossendales for recovery. To cut a long story short, in October I offered the bailiff £200 there and then, with further payments of £400 in November and £400 in December. The bailiff refused stating "I would rather take your car". After seeking advice from a local Debt Charity I was advised to pay my council tax direct to Leicester City Council, hide my car and not to communicate with him. I cleared my council tax on 2nd December since which I have had numerous voice mails and text messages from the bailiff threatening to attend my property with a locksmith, van, tow truck unless I pay £271.50 still outstanding for council tax (my council tax balance is £0.00!!). The message left this morning stated that he would be attending with a van to remove goods, he also said he was going to clamp my car. In desperation I spoke to Leicester City Council today as these calls are frightening me (I am a single parent, self employed working from home) who helpfully informed me that it was nothing to do with them as my account is with Rossendales. The bailiff never leaves his name just says Rossendales. Also according to Leicester City Council the charges form part of my council tax as they were incurred whilst recovering council tax. The Council also stated that as there is a walking possession (which I didn't sign) on my car the bailiff can clamp/tow it. Also I am assuming that the amount he is chasing is for his fees. I have read a few threads on here and I think I am right in saying that he cannot attend my property for his fees or take my car. Should I just carry on ignoring him?

[ploddertom]

Re: Bailiff pursuing me for charges

With Council Tax the Bailiff is allowed to deduct his fees first and any balance is then paid to the Council so you may indeed still owe lawful fees. Have you asked for a breakdown of his fees? If he is claiming to have seized your car did he leave you a Notice of Seizure?

In respect of your car - I note you say you atre self employed, is anyone else insure to drive it, what class of insurance do you have, is it sign written, what type of work do you do?

[Sir Vere Brayne d'Emmidge]

Re: Bailiff pursuing me for charges

Hi, any help or advice would be greatly appreciated. Unfortunatley my council tax (£1000) was passed to Rossendales for recovery. To cut a long story short, in October I offered the bailiff £200 there and then, with further payments of £400 in November and £400 in December. The bailiff refused stating "I would rather take your car". After seeking advice from a local Debt Charity I was advised to pay my council tax direct to Leicester City Council, hide my car and not to communicate with him. I cleared my council tax on 2nd December since which I have had numerous voice mails and text messages from the bailiff threatening to attend my property with a locksmith, van, tow truck unless I pay £271.50 still outstanding for council tax (my council tax balance is £0.00!!). The message left this morning stated that he would be attending with a van to remove goods, he also said he was going to clamp my car. In desperation I spoke to Leicester City Council today as these calls are frightening me (I am a single parent, self employed working from home) who helpfully informed me that it was nothing to do with them as my account is with Rossendales. The bailiff never leaves his name just says Rossendales. Also according to Leicester City Council the charges form part of my council tax as they were incurred whilst recovering council tax. The Council also stated that as there is a walking possession (which I didn't sign) on my car the bailiff can clamp/tow it. Also I am assuming that the amount he is chasing is for his fees. I have read a few threads on here and I think I am right in saying that he cannot attend my property for his fees or take my car. Should I just carry on ignoring him?

Questions:

1. How many visits/letters did the bailiff leave at your property?
2. Did you speak face to face with the bailiff?
3. Do you have a copy of the walking possession?
4. Please respond to Ploddertom, because if the car can be classified as "an essential toll of the trade" it is exempt from seizure?

Couple of points to highlight, firstly the bailiff must put his/her name clearly and a contact telephone number on all correspondence left/sent with a "defaulter", this correspondence must list the charges and fees so far incurred. Secondly, for Council tax an un-signed walking possession is as good as a chocolate teapot, the bailiff should have clamped your car and seized it (levy on it) and threatened removal, only then you and the bailiff can enter in a walking possession agreement where you agree with bailiff that if the money is not paid by a certain date he/she can come back and remove the car.

It seems to me that Rossendale bailiffs ought to go back to the "Foundation Course" for distress for rent which states the rules for CT orders of execution enforcement.

[ama11en]

Re: Bailiff pursuing me for charges

Hi, I've had three visits, for two of the visits I was not at home, came back and found A "walking possession" for my car (which was on the drive). The third visit I was dropping my dog off after walking him and the bailiff shouted to me from his van to say that "He was taking my car, calling a locksmith and the police". I paniced and offered him £200 on 17/10, he refused the payment etc as previously explained. I took my car to a friends house and walked home finding a letter addressed to Miss Dakin of a completely different address. The bailiff that I spoke to (who posted the incorrectly addressed letter) was Mr Mullins. All the voice messages and text messages are signed "Rossendales". As far as my occupation I draw plans for extensions, loft conversions kitechens etc which requires visits to clients homes, wherever they may be. I tried to explain to Rossendales that my car was a "tool of the trade", however, they insisted I would be able to manage by public transport

[bluebottle]

Re: Bailiff pursuing me for charges

Hi, I've had three visits, for two of the visits I was not at home, came back and found A "walking possession" for my car (which was on the drive). The third visit I was dropping my dog off after walking him and the bailiff shouted to me from his van to say that "He was taking my car, calling a locksmith and the police". I paniced and offered him £200 on 17/10, he refused the payment etc as previously explained. I took my car to a friends house and walked home finding a letter addressed to Miss Dakin of a completely different address. The bailiff that I spoke to (who posted the incorrectly addressed letter) was Mr Mullins. All the voice messages and text messages are signed "Rossendales". As far as my occupation I draw plans for extensions, loft conversions kitechens etc which requires visits to clients homes, wherever they may be. I tried to explain to Rossendales that my car was a "tool of the trade", however, they insisted I would be able to manage by public transport

If that's so, challenge Mr Numpty from Rossendales to prove that. From what you are saying, he could be on very unsafe ground, in the legal sense, with his choice of words.

[Sir Vere Brayne d'Emmidge]

Re: Bailiff pursuing me for charges

Hi, I've had three visits, for two of the visits I was not at home, came back and found A "walking possession" for my car (which was on the drive). The third visit I was dropping my dog off after walking him and the bailiff shouted to me from his van to say that "He was taking my car, calling a locksmith and the police". I paniced and offered him £200 on 17/10, he refused the payment etc as previously explained. I took my car to a friends house and walked home finding a letter addressed to Miss Dakin of a completely different address. The bailiff that I spoke to (who posted the incorrectly addressed letter) was Mr Mullins. All the voice messages and text messages are signed "Rossendales". As far as my occupation I draw plans for extensions, loft conversions kitechens etc which requires visits to clients homes, wherever they may be. I tried to explain to Rossendales that my car was a "tool of the trade", however, they insisted I would be able to manage by public transport

As far as I am concered so far you incurred £42.50 worth of bailiff fees, and they can not go any further unless they levy on your goods, which they have not.

Mr Muppet/Mullins, whatever his name is, just by threatening you with a locksmith and Police has gone one step too far, locksmiths can only be used by bailiffs enforcing Magistrate Courts distress/arrest warrants, nothing else, and for other warrnts/orders only if the bailiff had gained peacefull entry then refused to re-enter, which I do not think this is the case.

Strictly speaking your car does not fall in the category "tool of the trade" since you only carry drawings and sketch pads, easily done with any type of public transport, roller skates, pushbike or scooter.

Last point, when it comes to Council Tax arrears, the bailiff must accept an offer of staggered payments (this is when the levy comes in and the walking possession, on which they will insist).

Last bit of advice, borrow £100 (or whatever the mnimum is) from "log book loans" using the equity you have in the car, thus car on finance no can do remove it!

Good luck!

[bizzybob]

Re: Bailiff pursuing me for charges

As far as I am concered so far you incurred £42.50 worth of bailiff fees, and they can not go any further unless they levy on your goods, which they have not.

Mr Muppet/Mullins, whatever his name is, just by threatening you with a locksmith and Police has gone one step too far, locksmiths can only be used by bailiffs enforcing Magistrate Courts distress/arrest warrants, nothing else, and for other warrnts/orders only if the bailiff had gained peacefull entry then refused to re-enter, which I do not think this is the case.

Strictly speaking your car does not fall in the category "tool of the trade" since you only carry drawings and sketch pads, easily done with any type of public transport, roller skates, pushbike or scooter.

Last point, when it comes to Council Tax arrears, the bailiff must accept an offer of staggered payments (this is when the levy comes in and the walking possession, on which they will insist).

Last bit of advice, borrow £100 (or whatever the mnimum is) from "log book loans" using the equity you have in the car, thus car on finance no can do remove it!

Good luck!

Now there would be a sight for a YouTube video, one of Dosstons finest having an up and downer with a Logbook Loan company thug....