Can the bailiffs really do this?

[wendyandkeith]

I spoke to my local council about my council tax debt and they said I only owe them £130... but the bailiffs are wanting me to pay nearly £400 and adding charges all the time! I cant afford that!

[sjc1985]

That last post was me, lol... Signed in under my mum, lol and dad, lol.

[davefirewalker]

Short answer is NO.....
but its a little more complicated (as ever)

As you will find in this forum the charges that bailiffs can apply are about 22.50 for the first visit and 16.50 for the second. (please check!!!)

if they havent been in to your home they cant levy distress. so the only charges they can put on are those. any more than that is unlawfull.

Send them a letter asking them for a complete breakdown of costs (its free) and cc it to the council. The bailiffs are acting on behalf of the council and it would put the council in a bad light if it was shown that they were a party to "extortion". If they have been adding on strange amounts for no reason queery them. If you can afford it pay the council direct, the amount that you owe them (130). Basically try to deal with the council and give the bailiffs a hard time over the costs. you shouldn't owe more than about £40. if anything at all!

Dave

[sjc1985]

Is there a standard letter for asking for a breakdown of the charges? x

[davefirewalker]

I'm not sure..... Just write to them and ask for a complete breakdown of charges. when I did mine I sent an S.A.R - (Subject Access Request) and £10, but have since found out that they have to supply it FOC if asked.

Something on the lines of......

myname
myaddress
etc

moneygrabbingbailiffs
address
etc

Dear sirs

I have recently had a demand for £??????? from your company

to help me to understand this I require that you to send me a complete breakdown of costs and charges, as you are required to do by law when asked.

If I find that There are any charges placed upon this account that are excessive or unlawfull I shall be reporting you to the statutory authorities.

I await your response

joe bloggs

etc

get it checked or ask some more questions or read the bailiffs threads
al the answers are in there somewhere

Dave

[TheRealAvengers]

While Dave is right, you need to make a formal subject access request.

A link is here to explain what it is.

Data Protection FAQs – For the public

The act itself is here

Data Protection Act 1998

A template is below. Don't forget to include £10.

Data Protection Officer
Bailiff Company
Date:

Dear Sir or Madam

Subject: Access request under the Data Protection Act 1998 Section 7 and 8

Their reference
Your name and address

I enclose £10 and would be grateful if you would please supply a full set of your paper & computer records connected in any way with your Company’s recent visit.

As part of the request please include an itemised account of the charges that were levied against me, the dates and times of visits and a copy of the receipt accordingly.
Included in this request I would appreciate if you could include the Bailiffs name that attended and which court he is Certificated at.
I would be grateful if you would ensure all efforts are made to fully comply before the 40 days allowed under the Act.
Regards,
Your Name


SEND ALL CORRESPONDENCE BY RECORDED OR REGISTERED DELIVERY AND KEEP ALL ENVELOPES FROM BAILIFFS.

This will then show you all their charges. They have 40 days. Once you have it back, pop back to ask for further help! You can claim fees back.