Bailiff gained entry, clamped wrong car and collected more than owed

[d1ngle]

Hi all, hope you can help. Probably too late, but any advice appreciated.

My wife was late on Council tax due to a canceled Direct Debit. She's being paying to catch up and owed £207 to cover until April 2014. Bailiffs turned up today and clamped my car on a private drive. I don't live at the house and didn't have my V5 log book showing I owed the vehicle. They wouldn't release it and I needed to work so paid the amount they said she owed £807 + £260 fees.

They said she owed £807, but I just called and the council have said it is just £207. Essentially I have over paid £600+.

What can or should I do?

I feel I was forced into paying a debt that wasn't mine and also paid too much.

I think I can write to the Council and get the £600 back but to me their behavior seems disgusting and also the Council who the bailiff was working on behalf.

Thank you any advice.

Regards,

D

[ploddertom]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Do you have a receipt? Did they give you a breakdown of fees? If no breakdown then send Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

Are you separated? Do you pay Council Tax at another property?

[d1ngle]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Just to add the bailiff fees were around £260

[d1ngle]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Hi thanks for the letter. They gave no break down. I do pay at another property. Does that make a difference?

Thanks

Dan

[ploddertom]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Hi thanks for the letter. They gave no break down. I do pay at another property. Does that make a difference?

Thanks

Dan

The reason I asked the question was because you mentioned "wife". For Council Tax you do not necessarily have to be listed on the bill to be liable for the debt, it's called joint & several liability. If you are responsible at anotheradress then that proves you are not liable at your wife's address.

The Bailiff may only seize the goods of the debtor. Also is she claiming single person discount? Send off the fee breakdown and we'll see what work of fiction comes back. You will be able to claim back any unlawful fees. I would hazard a guess there was a gleam in the Bailiffs eyes that may be put out when his scheming is sussed out.

[d1ngle]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

The reason I asked the question was because you mentioned "wife". For Council Tax you do not necessarily have to be listed on the bill to be liable for the debt, it's called joint & several liability. If you are responsible at anotheradress then that proves you are not liable at your wife's address.

The Bailiff may only seize the goods of the debtor. Also is she claiming single person discount? Send off the fee breakdown and we'll see what work of fiction comes back. You will be able to claim back any unlawful fees. I would hazard a guess there was a gleam in the Bailiffs eyes that may be put out when his scheming is sussed out.

Thank you for the advice. I will send off the letter and post when I get a response.

I do have proof elsewhere.

Thanks

D

[CleverClogs]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Which bunch of bästärd bailiffs was involved?

Which council is it?

[d1ngle]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

It was Bromley and Phoenix Commercial.

[d1ngle]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Hi I have an update.

The Council is saying the Bailiff only paid them the £207. The Council are absolving themselves of all responsibility. WHat are the options here?

I very much doubt the bailiff is into giving refunds? There is no response from them on the letter I sent.

Any advice appreciated!!

Thanks

D

[d1ngle]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Called Bailiff and they're looking into it. They will probably give the refund but the fees are still way out. Especially as the account was up to date i.e. the £207 wasn't due until the 5th March.

[ploddertom]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Hi I have an update.

The Council is saying the Bailiff only paid them the £207. The Council are absolving themselves of all responsibility. WHat are the options here?

I very much doubt the bailiff is into giving refunds? There is no response from them on the letter I sent.

Any advice appreciated!!

Thanks

D

The Council cannot absolve themselves as they are 100% responsible for the actions & charges of their agents/contractors. Send a reminder to the Bailiffs that they are legally obliged to send a breakdown of fees charged when requested. In the meantime you can request the same information from the Council.

As for the money that has been passed over you must remember they are allowed to deduct their fees first - even if they are wrong or disputed - and any balance paid to the Council.

[Sir Vere Brayne d'Emmidge]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

The Council cannot absolve themselves as they are 100% responsible for the actions & charges of their agents/contractors. Send a reminder to the Bailiffs that they are legally obliged to send a breakdown of fees charged when requested. In the meantime you can request the same information from the Council.

As for the money that has been passed over you must remember they are allowed to deduct their fees first - even if they are wrong or disputed - and any balance paid to the Council.

Great solid advice!

[d1ngle]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

The Council cannot absolve themselves as they are 100% responsible for the actions & charges of their agents/contractors. Send a reminder to the Bailiffs that they are legally obliged to send a breakdown of fees charged when requested. In the meantime you can request the same information from the Council.

As for the money that has been passed over you must remember they are allowed to deduct their fees first - even if they are wrong or disputed - and any balance paid to the Council.

Thank you for this. I really appreciate it.

The council are looking into it. The bailiff is saying they sent 100% of money excluding charges to the Council. However, the bailiff is saying £420 is now charges. They are sending a breakdown.

How can £420 chares be fair especially since the debt was only £200 (and in credit as it took her to April)?

Surely the Council have liability for this cost also?

Thanks again

D

[ploddertom]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

The council are looking into it. The bailiff is saying they sent 100% of money excluding charges to the Council. However, the bailiff is saying £420 is now charges. They are sending a breakdown.

This is one fairy story I will look forward to seeing. Have you also checked to see if said Bailiff is suitably Certificated?

[bizzybob]

Re: Bailiff gained entry, clamped wrong car and collected more than owed

Thank you for this. I really appreciate it.

The council are looking into it. The bailiff is saying they sent 100% of money excluding charges to the Council. However, the bailiff is saying £420 is now charges. They are sending a breakdown.

How can £420 chares be fair especially since the debt was only £200 (and in credit as it took her to April)?

Surely the Council have liability for this cost also?

Thanks again

D

The Brothers Grimm and Hans Christian Anderson must be really proud of that bailiff, with that new fairy tale!