I need your help RE: Bristow and Sutor - council tax

[Andy1986]

Hi
I'm new to this and I would like to say Hello to everyone here.

I need your help RE: Bristow and Sutor - council tax

On 15.10.2012 Bailiff came to my house.
I wasn't there.
My wife said she can't let him in but he said he is from court and if she will not let him get in he will come back with police. He also said he is not allowed to do anything that day. He said he just want to talk to her.

My wife said to him that everything in this house is not her. She said its mine (her husband)
We have prenuptial agreement signed 4 years ago.
That's mean if something is mine is only mine. Not her.

The bailiff ignored what she said.
He has seized some of my goods (I was absent)
Can he seize my goods if I'm not at home?
He also seized company's laptop which is property of company I work for (my wife told him about this but he again ignored her)
He also seized: TV, stereo and speakers, table with 4 chairs, TV stand, coffe table, sofa-bed, microwave.

Also he add some fees to our debt.

Council tax - £409.41

attendance to levy - £42,50
levy fee - £38
walking possession fee - £12
redemption of goods fee (head H) - £24.50

Is this levy valid? He has seized all my goods when I was absent.

Yesterday he came back with van to remove goods but we weren't at home.
Shouldn't he write to us and let us know when is he coming?
He add another fee which is 125 pounds
He left a letter. There is an information that our goods can be removed in our absence.
Is this true? Can he break in?
Doesn't he need a court order?


I have rang City Council today.
They have accepted my payment of £100.
I said I will be paying £100 every week. 3 weeks and I will clear the debt with Council. They said that's OK.
But they also said I need to contact Bristow and Sutor and pay their fees.

The main question is: Is the levy valid? Can the bailiff seize my goods if I'm not at home?
What I should do? Should I pay the bailiff's fees?

Thanks for you help.

[leclerc]

Re: I need your help RE: Bristow and Sutor - council tax

another bump up the list so that others can respond to you.

[labman]

Re: I need your help RE: Bristow and Sutor - council tax

A tricky one to answer, but shouldn't be too hard to resolve.

Council Tax is a joint debt, so in terms of the bailiff being able to levy, he can levy on any goods which belong to either yourself or your wife. He has to to this correctly, and cannot overcharge which he appears to have done here.

Although you have a clear breakdown of fees, please can you add dates on which the fees were charged? Some are clearly two fees in one (£42.50 visit fee) - where this is the case, please split into separate components and repost with the dates.

IF you don't have the dates, you need to send Letter 1 from here:

http://www.legalbeagles.info/forums/...Useful-Letters

[Andy1986]

Re: I need your help RE: Bristow and Sutor - council tax

First visit, date: 15.10.2012

date: 15.10.2012 - attendance to levy - £42,50
date: 15.10.2012 - levy fee - £38
date: 15.10.2012 - walking possession fee - £12
date: 15.10.2012 - redemption of goods fee (head H) - £24.50

I think the "attendance to levy" fee should be £24.50. Am I right?

What about "redemption of goods fee (head H) - £24.50.
I have read somewhere that bailiff can charge this fee only if he has physically removed goods and returned them on receipt of settlement of the debt.
Is this correct?


Second visit, date: 15.01.2013

date: 15.01.2013 - van fee - £125

The bailiff can charge £24.50 for first visit and £18 for second visit.
He has charged me £125 (van fee) on second visit.
Shouldn't he charge me £18 on second visit and £125 on next visit (if no agreement made)?
How many times bailiff must visit me before he remove any goods?
Does he has to visit me twice before he come back with van?

van fee is £125

I have read somewhere:

"...For example, if you have been charged £80 for attendance with a van, and local enquires indicate you could hire a van for a morning for £40 this is clearly unreasonable, ..."

In 10 minutes I have found 4 different companies where I can hire a van for £40-£65 in Nottingham

It sounds like bailiff is trying to overcharge me. Am I right?
Can I in this situation ask Council to take the debt back?

Thanks

[labman]

Re: I need your help RE: Bristow and Sutor - council tax

Fees are totally wrong. I would send Letter 4 from the link below to the Head of Revenues at your local council:

http://www.legalbeagles.info/forums/...Useful-Letters

If you acknowledge there is a debt to be paid, work out what you can afford in the medium to long term (must be sustainable). Start paying NOW using the online system, or automated telephone system. Pay that fixed amount every week, regularly as clockwork. You must not miss a payment. Keep doing this and post up when you receive a reply from the Head of Revenues.

Those charges are wrong. I suspect the Head of Revenues will back the bailiffs, and then we've almost won. Send it asap.

[Andy1986]

Re: I need your help RE: Bristow and Sutor - council tax

Thanks for your help.

I will post the letter tomorrow.

Just one more question.
Should I address the letter to the Head of Revenues or to the person who is Head of Revenues.
I was unable to find out what's the name of the Head of Revenues.
It's Nottingham City Council.

I will post here when I get the answer from the Head of Revenues.

Thanks

[labman]

Re: I need your help RE: Bristow and Sutor - council tax

Just address it to the Head of Revenues. The council will know his / her name. DON'T mention Council Tax on the envelope, as if NCC farm out CT to Capita, the Head of Revenues won't see the letter, and we need him to.

[seduraed]

Re: I need your help RE: Bristow and Sutor - council tax

found this no head of revenues but the director of strategic finance is one tony kirkham.


http://www.nottinghamcity.gov.uk/CHt...x?id=27156&p=0

[seduraed]

Re: I need your help RE: Bristow and Sutor - council tax

found her amazing what you can do with a gogle search
http://open.nottinghamcity.gov.uk/co...833/121130.pdf

from that i got Lisa Black - Head of Revenues, Benefits and Welfare Rights

[labman]

Re: I need your help RE: Bristow and Sutor - council tax

Wow - well done you! :clap2::clap2::clap2::clap2:

[ploddertom]

Re: I need your help RE: Bristow and Sutor - council tax

Any update on this?

[Andy1986]

Re: I need your help RE: Bristow and Sutor - council tax

Hi

Today, I have received a reply from Council.
I have addressed the letter to the Head of Revenues
But I think he/she never got it as the reply is from someone else.

You can see the reply here:



They said the fees are correct.
They said the fees has been charged on 3 different dates:

First Visit Fee £24.50 incurred 13/02/12

Second Visit Fee £18.00 incurred 02/04/12

Walking Possession £12.00 incurred 15/10/12
Levy fee £38.00 incurred 15/10/12

Van Visit Fee £125.00 incurred 15/01/13

I believe the dates are incorrect.
Please check the "notice of seizure of goods". My wife received it from bailiff.
It is showing all the fees has been charged on 15/10/2012




Who is right? Me or Council?

Thanks

[labman]

Re: I need your help RE: Bristow and Sutor - council tax

First visit, date: 15.10.2012

date: 15.10.2012 - attendance to levy - £42,50
date: 15.10.2012 - levy fee - £38
date: 15.10.2012 - walking possession fee - £12
date: 15.10.2012 - redemption of goods fee (head H) - £24.50

I think the "attendance to levy" fee should be £24.50. Am I right?

What about "redemption of goods fee (head H) - £24.50.
I have read somewhere that bailiff can charge this fee only if he has physically removed goods and returned them on receipt of settlement of the debt.
Is this correct?


Second visit, date: 15.01.2013

date: 15.01.2013 - van fee - £125

The bailiff can charge £24.50 for first visit and £18 for second visit.
He has charged me £125 (van fee) on second visit.
Shouldn't he charge me £18 on second visit and £125 on next visit (if no agreement made)?
How many times bailiff must visit me before he remove any goods?
Does he has to visit me twice before he come back with van?

van fee is £125

I have read somewhere:

"...For example, if you have been charged £80 for attendance with a van, and local enquires indicate you could hire a van for a morning for £40 this is clearly unreasonable, ..."

In 10 minutes I have found 4 different companies where I can hire a van for £40-£65 in Nottingham

It sounds like bailiff is trying to overcharge me. Am I right?
Can I in this situation ask Council to take the debt back?

Thanks

The dates on these charges are totally different to the dates on the letter scanned today. Are you able to explain the differences, or state which are correct in terms of dates please?

[Andy1986]

Re: I need your help RE: Bristow and Sutor - council tax

I have scanned 2 letters.
First one is the letter I have received from Council today.
Second one is the letter I have received from bailiff on his first visit - 15.10.2012 - (NOTICE OF SEIZURE OF GOODS)

You can see from the NOTICE OF SEIZURE OF GOODS that all the charges has been charged at the same time (same day) - 15.10.2012

I'm not sure why Council gave me different dates.

But I have a piece of paper (NOTICE OF SEIZURE OF GOODS) in my hand which prove that all charges has been charged on 15.10.2012

[labman]

Re: I need your help RE: Bristow and Sutor - council tax

The council have given you different dates as that would make the charges legitimate.

As far as you know, which are the correct dates for what happening?