Taking on the Bailiff!

[Nick W]

Hi

I run a business and got behind my Business Rates (Council tax) payments.

Had Liability order issused and Bailiff turned up.

I made an arrangement to pay. They charged fees (which I dont have a copy of).

I intend to get full details of fees via Data Protection.

1) They charged me 5% handling fee for using card payment - can they do this? I have a merchant account and it says I cant charge out more than it costs me to process.

2) I made most payments must late on the last couple. They turned up in a van WITHOUT warning. They charged £150 for Van fees etc.

So, can I claim any of this back? I have been onto the National Debtline regarding fees and it just says reasonble.

Can I claim unreasonable under S.15 Sale & Supply Goods & Services, similar to bank charges?

Anyway, i have no problem in issuing, just need to be sure of grounds, so I can draft Particulars of Claim accurate.

Cheers

Nick

PS - I had dealings with either CCS or Britow & Suitor......

[i_spam]

name and shame here !!

http://www.consumeractiongroup.co.uk...-bailiffs.html

[jwp001]

In a nutshell a Bailiff can charge you fee's... such as the £150.00 for the van BUT he must advise you in advance of his visit what the fee's will be if you remain in default and he therefore does have to visit, eg: A letter of distress from him to you advising you that he requires full payment within a set period (usually 7 days) and if you fail to pay he will attend your premises and the costs of this attendance will be £150.00 for the use of a van to transport any goods and chattells he seazes, etc, etc.. NOTE:- Even if he does seaze goods and removes them he must store them for a period of 14 days to give you chance to make payment before selling at auction. if you do pay he CAN charge you for the storage of your goods.. if not he MUST sell them at PUBLIC auction WITHOUT a reserve price. after they sell he must return to you any monies above and beyond that owed if the goods made more than you owed... hope this helps

[sonnab]

as far as i was aware they can only charge you for van fees if they come to remove goods that they have actually levied on
...meaning if you havent signed a walking possesion which means they havent been in your property and made a levy then charging for a van is unfair and illegal,how can they come and take goods if they are not legal entitled to the goods

[MizzPiggy]

Bailiffs and two tier systems.

Most companies have a 2 tier system. A two tier system is where the debt firstly goes to what is called a levy Bailiff.

A levy Bailiff will allow payments and does not usually charge a van fee, this is why they have been called a levy Bailiff. Their role is to levy basic charges to complete the debt.

When it goes to a van Bailiff, they are under the assumption that you are not going to pay as the levy Bailiff has failed and they are entitled to charge the van fee.

We understand that various companies have this method, however many do just go straight to van Bailiff.

It would be better if councils would be honest with people and let them know they themselves have approved van fees or at least are aware of them!

Business Rates automatically incur a levy of £150 normally as it goes immediately to a van bailiff.

A van Bailiff can charge fees accordingly. If you would like more information please read our site.

[i_spam]

That is exactly where i was buggerred as i shredded my originals i cannot obtain off the bailiff company and neither will they supply to me(jbw enforcement ltd)

[tiglet]

Speak to your local council about this. They ahve a legal responsibility for the bailiffs they retain, so they may be able to find out the fees where you can't. If not, you could either send them a S.A.R - (Subject Access Request) or if the council refuse to help/get involved, report them to the local council ombudsman to see if they can get involved.

[i_spam]

http://www.consumeractiongroup.co.uk...tml#post612406


If you read this thread then you will discover i have been through all of that. !!!!!