Bailiff and Council Tax Fees

[barryboy]

Hi

I've been reading all afternoon and unfortunately I'm probably more confused now than ever!!

We've been paying our Council tax and arrears through a firm of bailiffs for the last two financial years and are nearly up to date with the payments but I got to thinking about the charges that have been applied by the firm of bailiffs. We, stupidly, let them in and signed walking possession agreements.

The second year the debt was transfered to the bailiffs whilst we were paying off the first lot (because we were struggling with both) and they wouldn't reach a payment agreement on the phone, insisting that anything short of full payment needed a bailiffs visit.

This is where I'm getting a bit confused - I've read loads of thread on here stating the prescribed charges, but on speaking to the local authority they seem to think that the Bailiff firm can set their own charges - we've been charged the following twice! for each visit:

• £34 for levying distress
• £11 walking possession
• £150 attending with a vehicle with a view to remove

Again, the local authority stated that these are reasonable costs as set by the firm of bailiffs.

I've asked the bailiffs firm to send me a statement, because I can't remember if we were charged for letters but we are being charged £1 for making a card payment online!

Thanks in advance

BB

[tomtubby]

I would report this member of staff to the Head of Revenue and ask for confirmation also that they do NOT provide this incorrect information to the public.

These fees are WRONG.

Can you let me know the name of the firm of bailiff, but more importantly the name of the actual bailiff. Can you ensure that this is sent only by PM and I can then respond further.

Send a letter to the bailiff co to ask for a full and detailed breakdown of the fees and charges applied to your account and also request a copy of any walking possession signed.

[Saffronflowers]

Just a thought - TT will confirm if I am right or not that goods cannot be levied twice.

SFx

[tomtubby]

If they had two Liability Orders and levied on completely different items then they could get away with 2 levy fees.

I would ask what they have levied upon and when.

[sari1964]

Am i right in thinking that if you ask the court for form N245 (application for suspension of a warrant or variation of an order) you can have the warrant taken back from the bailiffs and they can pester you no more. Of course you would need to make alternative arrangements to pay your debt, but it helps not to have a cross between Darth Vader and a bull terrior camping on your doorstep 24/7
Can Coucill tax arrears be added onto an administration order?

[barryboy]

Thanks for ALL the help so far, the first one is almost, if not, paid off and the remainder to pay on the second one is more or less their charges (nearly £400).

I feel that if I can build a case that the charges are unwarranted (especially as we arranged an appointment with the bailiff for the second appointment) then I might be able to get the remainder quashed as I don't want to get in this position for a third year running - it's a vicious circle!!! I simply cannot afford to pay the bailiffs and the council when the new bills come out at the end of the month!

The council seem to think that the £150 attendance fee is reasonable, even though I'm sure they only used their own vehicles. I'm currently waiting for a statement of the accounts to see exactly what has been added, why and when.

They did levy different goods on the second visit, but that is the Notice of Seizure of Goods and Inventory that I cannot find, so I cannot find the name of that bailiff.

Thanks again for all of your help and please keep the advice coming

[barryboy]

According to the bailiffs, they are well within their rights to charge the £150 "Attending with a vehicle with a view to removing" fee on the first visit along with the Scheduled Levy Fee and Walking Possession Fee.

According to their call centre guy, they get loads of people claiming they can't do this but apparently according to them they can!!!

I am sure that this is not correct and the council are about as much use as a chocolate tea pot.

If I am correct then these charges (twice - two separate years) will more than cover the outstanding balance And that's without the debit card processing fees.

Can anyone point me in the direction of some legal stuff (legislation/case law) that I can throw at them?????

[tomtubby]

The fees are WRONG.

Please do not listen to them. The councils will also agree that the bailiff can charge this as it is the councils who took away the bailiff companies right to take a commission off the payments in the first place and this is why they will ALWAYS agree with whatever charges their agents (bailiff) make.

The statutory fees that they can charge are on this site and should be sent to them ASAP.