walking possesion order on my car, unsigned by me Chandlers

[sammi71]

Hi
I woke up this morning to find a carbon copy of a walking poseesion order on my car from Chandlers

This is a long case, but facts are. It is for unpaid council tax that is in mine and ex husband name on a previous property. He no longer lives with me so they are just chasing me for this debt.The council found me as I have had to reapply for benefits

Everytime they have called I have been out, apart from twice when they have called at half six in the morning. Ihave never heard them and my bedroom is above my front door

I have applied to the court for a variation of order, but this was returned with a not valid case number, even though i quoted the one supplied by Chandlers

I did have a repayment plan in place with them originally but i missed a payment so they will no longer consider a payment plan of any type

Can they take my car without my signing anything, they have never had entry to my house, my car is parked on my private drive. I need the car for work and for my disabled son

Any advice would be appreciated

[Inca]

Re: walking possesion order on my car, unsigned by me Chandlers

Is your vehicle tax exempt by any chance?
I believe you would be classed as 'vulnerable' because of your son.
Have you tried asking the council to take the debt back...some do because you are on benefits.
Others will be along with much better advice

[bluebottle]

Re: walking possesion order on my car, unsigned by me Chandlers

Is the car owned by Motability or on finance and/or is the tax disc showing "DISABLED" in the Tax Class section? If any of these, your car is potentially-exempt from seizure and the levy and WPA on it invalid. Bailiffs cannot charge fees in such cases and they remove such a vehicle at their peril.

[sammi71]

Re: walking possesion order on my car, unsigned by me Chandlers

Unfortunately no, it is my own car and as myself and son get the lower rate of mobility we are not entitled to the tax disc help

[bluebottle]

Re: walking possesion order on my car, unsigned by me Chandlers

Hi
I woke up this morning to find a carbon copy of a walking poseesion order on my car from Chandlers

This is a long case, but facts are. It is for unpaid council tax that is in mine and ex husband name on a previous property. He no longer lives with me so they are just chasing me for this debt.The council found me as I have had to reapply for benefits

Everytime they have called I have been out, apart from twice when they have called at half six in the morning. Ihave never heard them and my bedroom is above my front door

I have applied to the court for a variation of order, but this was returned with a not valid case number, even though i quoted the one supplied by Chandlers

I did have a repayment plan in place with them originally but i missed a payment so they will no longer consider a payment plan of any type

Can they take my car without my signing anything, they have never had entry to my house, my car is parked on my private drive. I need the car for work and for my disabled son

Any advice would be appreciated

If it were me, I would be straight on the phone to the Head of Revenues at the Council giving them an earful about their bone-headed bailiffs. Being disabled almost certainly places you both in the vulnerable category.

When you asked for the case reference to apply for a Variation Order, did you ask the Council or Chandlers? If Chandlers, the fact you were given an invalid case reference does not surprise me. Chandlers are skating on very thin ice if they were the culprits. Ask the Council for the case reference and apply for a Variation Order asap.

[sammi71]

Re: walking possesion order on my car, unsigned by me Chandlers

Thanks for the advice, I wouldnt mind but the car needs so much work on it. I got the reference number from Chandlers, its on all their paperwork (as well as my incorrect postcode). So will be on to the council first thing tomorrow

[bluebottle]

Re: walking possesion order on my car, unsigned by me Chandlers

Thanks for the advice, I wouldnt mind but the car needs so much work on it. I got the reference number from Chandlers, its on all their paperwork (as well as my incorrect postcode). So will be on to the council first thing tomorrow

You have a legally-enforceable right under the Human Rights Act 1998 and European Convention on Human Rights to be treated fairly by the State in its dealings with you. This includes any private-sector bailiff companies contracted by a local authority. It is possible that Chandlers may have acted unlawfully by their actions in furnishing you with wrong information which prevented you from obtaining a Variation Order.

[sammi71]

Re: walking possesion order on my car, unsigned by me Chandlers

You have a legally-enforceable right under the Human Rights Act 1998 and European Convention on Human Rights to be treated fairly by the State in its dealings with you. This includes any private-sector bailiff companies contracted by a local authority. It is possible that Chandlers may have acted unlawfully by their actions in furnishing you with wrong information which prevented you from obtaining a Variation Order.

Thank you

[ploddertom]

Re: walking possesion order on my car, unsigned by me Chandlers

Please note a Variation Order is not possible for this as it refers to a debt under a different Jurisdiction - County Court Judgment.

[bluebottle]

Re: walking possesion order on my car, unsigned by me Chandlers

Please note a Variation Order is not possible for this as it refers to a debt under a different Jurisdiction - County Court Judgment.

Thank you for clarifying that, PT.

[CleverClogs]

Re: walking possesion order on my car, unsigned by me Chandlers

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments


You can always pay the Council direct at a level you can afford by using online banking, Council website or automated service via the electric telephone.

As I would like to find details of the Head of Revenues and/or CEO, can you tell me which council it is?

[sammi71]

Re: walking possesion order on my car, unsigned by me Chandlers

its Medway Council

[sammi71]

Re: walking possesion order on my car, unsigned by me Chandlers

I filed a N245 which is what was returned, a suspension of warrent

[CleverClogs]

Re: walking possesion order on my car, unsigned by me Chandlers

Medway Council

https://twitter.com/medway_council

http://www.medway.gov.uk/councilandd...executive.aspx - as you can see, the poor bugger has no life outside work.

http://uk.linkedin.com/pub/neil-davies/1a/142/1a5

Complaints - http://www.medway.gov.uk/information...procedure.aspx

CEO Neil Davies, tel - Phone: 01634 332705 email neil.davies@medway.gov.uk

[sammi71]

Re: walking possesion order on my car, unsigned by me Chandlers

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments


You can always pay the Council direct at a level you can afford by using online banking, Council website or automated service via the electric telephone.

As I would like to find details of the Head of Revenues and/or CEO, can you tell me which council it is?

They wont accept any payments from me as it is now with the bailiff and the bailiff wont accept any further payments as I defaulted on a payment plan and they wont allow me to set up another one