Unhappy with Bailiff conduct and charges

[darkest_dawng]

Last year I got into difficulties with my council tax, which resulted in a visit from a certificated bailiff.

He arrived at my house at 3pm just as I was leaving to pick my 5 year old up from school. He didn't say at first that he was a bailiff, only that he had come to talk about the arrears on the account. I explained that I was going to be late for my little boy and could he wait for 15 minutes, but he insisted that he only needed a couple of minutes to talk to me. I let him in and then he informed me that he was a bailiff.

He asked me for the full amount of money, which I said I could not pay in one go - he then noted down items of value in the house, including property that belonged to my house mate even though I explained at the time that it was not mine, and property belonging to my husband's limited company.

He then asked for a minimum payment of £100 per month, I said I would need to be able to work out what I could afford and I didn't have a statement of means available at the time. He replied that they would arrange to take my property away. At this point I was panicking as I was late getting my little boy, so I agreed to it.

He asked me to sign a form before he'd explained what it was- which I did pick up on and told him I thought that was 'a bit off' it all seemed straight forward etc. He then left and I arrived 25 minutes late to pick my little boy (who was rather upset at this point) from school.

All seemed to be going ok - even though it was a struggle finding the payments, until last week when a chap from the bailiffs turned up. A cheque I sent had bounced, to this date I've had no notification from my bank that this has occurred. I offered to go and get the cash for the arrears straight away, this was refused. The bailiff then informed me that they would re-possess a car parked on our property, even once I had explained to him that it was a friend's car and not on the list - he still phoned his office to get a valuation which upset me greatly.

Thankfully a relative was able to help me out, the bailiffs had added £30 to my bill for the cheque - this fee does not appear on their scale of charges, and approximately £199 for the visit. They have not given me a statement of the charges and I cannot work out from the scale of fees how they have come up with a figure like this. In my opinion a phonecall or letter to let me know that the cheque had bounced would have avoided this entire situation. (I had honestly thought there was enough money in the bank to cover it, but unfortunately unforseen bank charges had been applied to my account.)

I'm very unhappy with the situation as I believe they have behaved unreasonably from start to finish. Is there anything I can do to take this matter further and possibly reclaim some of the fees.

[Saffronflowers]

Dont panic = breathe I just need to pop out and I will post as soon as I get back.

SFx

[darkest_dawng]

Thank-you

[Saffronflowers]

Right back now - am I correct in thinking that you have paid all of the arrears? Two things Who was the Bailiff Company DO NOT NAME THE BAILIFF and secondly what LA are you in.

There are staturtory charges that apply to the collection of council tax, however, how many times did the bailiff visit?

SFx

[darkest_dawng]

All of the arrears including the bailiff fees have been paid. The company is Churchill DC Ltd, I'm not sure what you mean by LA but I live in North Devon.

On the first visit they completed a Notice of Distress and Inventory.

The amounts due were:

Council Tax £1097.51
Levy Fee £54
Walking Possession Fee £11.00
Total Due £1162.51

I paid off £350

The next visit was after the cheque had bounced, this was when they threatened to take my goods away. I had a visit from one bailiff, in a little van - there were no removal vans etc in attendance. I offered to get the cash straight away for the installment, but this was refused.

I asked for a breakdown of the charges as I thought them unfair, this was declined, I did however receive a receipt from the company.

The total amount paid to them was £1027.26 which included a £1.00 card processing fee, and £30 for the returned cheque (as advised by the bailiff).

So they've charged me £183.75 for this visit.

[Saffronflowers]

So how much is outstanding?

Speak to North Devon and ask them if they can access Churchills database to see what you have been charged.

Had they visited prior to the Levy?

Also I note you say that the car belonged to a friend's car, if so it was an illegal levy.

[darkest_dawng]

Everything has been paid, the bailiffs had not visited my property before the levy. (I'm a bit new to all of this, I assume by levy you mean the first visit where they took the inventory of my goods)

The car was not listed on the inventory, and I explained when they turned up to collect the goods that it wasn't mine, and it wasn't on the paperwork. I also showed the bailiff the form the original chap had filled in.

[Saffronflowers]

I think that you have been overcharged, however it is going to be difficult to prove and I would need to reseach this, as they have visited twice and I suspect that they will claim that they visited to remove goods, as well as charching for the WPO.

Have you spoken to the LA as they are responsible for the conduct of the Bailiff as they employ them and even if they are allowed to charge it seems to me very very unfair to have loaded the charges as they have.

SFx

[darkest_dawng]

I haven't spoken to anyone at this moment in time, as I wanted to see what would be the best way of going about it.

[Saffronflowers]

No worries, I would speak to the council first thing tomorrow and explain everything that you have said on here. Reiterate that they are responsible for the bailiff that work for them, also that you cooperated fully and you need to know exactly what they have charged you for.

Sorry you are having such a horrible time, I am sure that some others will come along with some more advice. I will do anyting I can to help you.

Also PM Herbie, I am sure she will be on later with the name of the bailiff and she can check that he was certified again DO NOT POST THE NAMES on here.

It might be a battle but you can succedd.

Sfx

[darkest_dawng]

Thanks ever so much, I'll certainly give them a ring. I have checked on the Trade Association (?) site for certificated bailiffs and the company does appear on there. I'll let you know what the council says.

[Saffronflowers]

Each bailiff needs to have his own certificate, just cos they say they are does not mean that they are!!! I will do a bit of research into your LA's policy and also that of Churchill tomorrow, and will post if I get anyting.

When speaking to the council, remember that what ever has happened about your council tax, you do not deserve to be treated by a company emplyed by them like this.

SFx

[Herbie]

I have had nothing but cases involving bad practices by bailiffs all day and then to read this post is just about the lot.

It is for this reason that I have made it VERY clear that nobody should allow a bailiff through their door.

I have yet to be convinced that a some bailiffs use a Walking Possession for any other reason but to ensure his future charges.

He not only gets the £11 Walking Possession fee , which I DO NOT object to, but looks out for late payments and bounced cheques and returns back to the home with threats of taking the goods on the WP unless additional fees are paid. This is a scandel. We have over 120 contracts with various local authorities and I can say that just 2 of these allow these charges.

In addition, only goods listed on the WP can be taken. If the car was not on there , that's it. He has NO RIGHT to attempt to remove.

Could you please let me know the name of the bailiff so that I can check on our database whether he is certificated or not.

These fees are wrong. Let me know the name and I will write back. Please remember, Private Message only for bailiffs name to be checked as they must NOT be put on the forum.

PS: Saffronflowers. Very good advice.

[Saffronflowers]

Morning DD

Hope you are feeling lighter in step this morning, I cant find anything about NDLA on the web, Have you worked out what you are going to say?

Quite good to have a plan written on a peice of paper so you can follow up what you want to say.

SFx

[darkest_dawng]

I haven't phoned them just yet, but what I was thinking of saying was this:

The bailiff entered my home before informing me he was a bailiff, by saying he was here to talk about arrears on account.

I felt pressured into agreeing to the installments as my little boy needed picking up, and as it was I was 25 minutes late for him.

The process was not explained to me, and a charge for returned cheques is not detailed on fee scale.

During the second visit the bailiff phoned to get a valuation on my friends car, despite the fact I pointed out that this was not included on the list and didn't belong to me. I feel that this was done to intimidate me.

They refused to give me details of the charges, and what they covered - citing that they were 'reasonable' costs.

In all I felt harrassed, pressurised and overcharged. Is there anything else that I should bring up?

[Saffronflowers]

Sounds fine to me and realy stress how much pressure you were put under, it is unethical that they employ people like this.

SFx

[darkest_dawng]

I've phoned the council offices and they've given me the name of the manager to write to, I'll draft a letter - if you guys can take a look at it before I send it that would be great.

[Saffronflowers]

I would also send it to the Head of Revenue and Cheif Executive Officer,

SFx