Dear DI Stainer,
I have contacted the Secretary of State at the Department for Communities/Minister for Local Government, Mr Brandon Lewis MP.
Below is a photo of the pertinent part of his letter.
https://fbcdn-sphotos-h-a.akamaihd.net/hphotos-ak-prn2/1234316_10151881408775701_1774197323_n.jpg
The precise regulation is here...
http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made
45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.
That is to say that the "levy" of my Audi is not by any means the "appropriate amount", for fees which are not even provable. You may add that to the list of charges against Rundles.
Many thanks,
Peter North.
Sunday 1 September 2013
Still here...
Just so you know, I have a court date for 26th September 2013. I haven't gone away. Meanwhile the investigation into the criminal activities of Rundles (for which SGC is also liable) goes on.
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This response to a Freedom of Information request may be useful.
ReplyDeleteIt can be read in its entirety here: Bailiff Fees - How are they paid?
An attempt to solve the conundrum in the above FoI link in relation to the Communities Minister's comments.
ReplyDeleteIt doesn't stack up that the bailiff can lawfully levy goods in circumstances where the debt owing the council has been settled, because of a catch-22 sort of reason;
1. fees belong the council not bailiff (see end paragraph)
2. the bailiff cannot levy on behalf of the council (in respect of fees) because the council has not made the visits to incur therefore justify these fees
"The contractual arrangement with external debt collectors, which is a distinct matter, and relates to contractual payments as distinct from the way costs are to be accounted, is such that all amounts collected are payable over to the Council and first applied to the lawfully chargeable costs, and then to the substantive debt, and it is only when the full outstanding debt (including all lawfully payable costs) has been collected from the debtor that the debt collector is contractually able to claim payment from the Council. Thus, the accounting requirements are met, and, by only paying the contractor on full delivery of the service.."
... bump
ReplyDeletefile in a cake time?