Default on walking possession

[chelle1990]

Hi I wondered if anyone could advise what is about to come our way.

Back in January 2013 I signed a Walking processions order thing for council tax arrears. The goods are our red fabric sofa, arm chair and the foot stool.

Unfortunately we defaulted on our payment in December, usual reasons I.e Christmas, family, kids etc.

They are now passing this to their bailiff tomorrow and require a full payment of £254. We simply do not have this at this given time, but my student finance will be coming in the 23rd which was going to pay off the debt in total (and two others through the same bailiff)

Should I allows them to take the sofas etc? I don't want them too as with two kids aged 5 and 2 it might be a bit upsetting and I don't believe they can take them as they are needed. Is that right?

I completely understand its our fault and I'll happily just accept what is expected but I'd just like a little hinde sight if anyone can provide?

If it makes any difference the bailiff is Chandlers.

Thanks for your time

Michelle

[seduraed]

Re: Default on walking processions

are there any other seats for the family ? How much will the sofa fetch at auction . If you are a full time student you are exempt from council tax .

[chelle1990]

Re: Default on walking processions

We have dining chairs? Not a lot I can't imagine, they where second hand, broken under the sofa due to kids jumping and rather stained (makes me sound kind of slobbish but its the reason why we bought second hand). I realise that, handed in my proof, but because I live with my partner apparently I'm still liable for 25% of the council tax and my partner 50%? Thanks for your reply

[CleverClogs]

Re: Default on walking processions

Unless the upholstered items still bear tags declaring them to meet the current fire safety standards, they are unsaleable and should therefore not have been levied.

[chelle1990]

Re: Default on walking processions

I'm not sure if they do :/ but if they don't have the tag, what could we expect to happen? Thanks for your reply

[wales01man]

Re: Default on walking processions

cut the tags off!

[CleverClogs]

Re: Default on walking processions

Not [worth] a lot I can't imagine, they were second hand, broken under the sofa due to kids jumping and rather stained (makes me sound kind of slobbish but it's the reason why we bought second hand).

Then the levy was improper or invalid, as the few items levied upon would not have fetched enough at auction even to cover the removal costs and the auctioneer's fees. The bästärd bailiff carried out that "levy" solely to garner a fee for himself.

I realise that, handed in my proof, but because I live with my partner apparently I'm still liable for 25% of the council tax and my partner 50%?

That does seem rather like stercus bovi, to use the legal Latin.

You should check this with your local welfare rights wallahs.

[chelle1990]

Re: Default on walking processions

cut the tags off!

The thought did cross my mind, but even so what could I expect to happen if the bailiff doesnt get what he requires? Thankus for your reply

[wales01man]

Re: Default on walking processions

He will be a bit pissed off you could then tell him to f off if all hes doing is making illegal levies to grt fees he needs telling where to go

[chelle1990]

Re: Default on walking processions

Thanks, I do believe it's right, as she explained 50% was services like police, bins etc and the other 50% was for living in the area? Even so where would I go to find out.

I did tell the bailiff at the time that they aren't worth anything but he said he had to put down something.

Thanks for the reply

[bizzybob]

Re: Default on walking processions

Does your partner work? As to the bailiff they asre just out for fees, and as the levy may well be challengeable you do not have to let them back in, they cannot break in at this point, so keep them out for now

[chelle1990]

Re: Default on walking processions

Yes I do think he will be and I don't think he'll accept the offer of the delayed payment. I'm just worried he will change the locks and let himself in and take what he likes.

[chelle1990]

Re: Default on walking processions

Does your partner work? As to the bailiff they asre just out for fees, and as the levy may well be challengeable you do not have to let them back in, they cannot break in at this point, so keep them out for now

Yes indeed he does full time. The debts however are in my name through Chandler (even though the council address us both). Thanks for the reply

[CleverClogs]

Re: Default on walking processions

Thanks, I do believe it's right, as she explained 50% was services like police, bins etc and the other 50% was for living in the area?

That still seems like nonsense. Who is this "she" - the cat's mother, or She-Who-Must-Be-Obeyed?

Even so where would I go to find out.

Most councils have their own website these days* where you may find "welfare rights" under the help or advice section. Or you could try the 'phone book.

I did tell the bailiff at the time that they aren't worth anything but he said he had to put down something.

In which respect he was both disingenuous and absolutely accurate.

He was disingenuous, in that he should have noted that there were insufficient saleable goods on which to levy distress and that the account be returned to the council.

He was absolutely accurate, though, in saying that he had to record something for his make-believe levy if he was to claim a levy fee.

* Even Grand Fenwick (link) may have a website soon but, with fewer than 2200 people in the whole country, it really isn't necessary.
They do, however, have a page on Facebook - https://www.facebook.com/pages/The-D...Grand-Fenwick/

[CleverClogs]

Re: Default on walking processions

Yes I do think he will be and I don't think he'll accept the offer of the delayed payment.

Tell the council what the mad muppet has done.

I'm just worried he will change the locks

That would be quite impossible without first getting into the property.

As yet, it is not possible to set a transmat beam with sufficient accuracy to replace one lock with another.

and let himself in and take what he likes.

If he were to take more than the (worthless) items listed in the inventory he made up, that would be an act of theft.