Bailiff fees

[streetgang]

Hi everyone, please can you give me advice on the following.

My original debt to the bailiff was: £607.09
After 2 visits this has gone up to: £646.19
I understand this bit as I know the charge is £39

I paid the bailiff £140 by registered post, but when I then agreed to a payment reschedule their bill included £53 for levy charges.
Now if my sums are correct, the levy they can charge is 22.5% for the first £100, 4% for the next £400 and 2.5% for the next £1000+.
I calculate this as a maximum levy of £42.20p but even that would be based on applying the levy to the bill and costs (without costs I calculate it would be £41.20p

Can someone clarify this for me ? I want to write to the bailiffs and the council querying this but want to make sure i am correct first so a link to anything with the correct Act information would be great too.

Finally, their bill also includes £11 for an additional 5 day possession fee and £22.50 for a fee under heading H of schedule 5 !!
Total is around £700+ pounds, which still doesnt come close to calculating a levy of £53

Any help gratefully received.
Thanks, Harry.

[TheRealAvengers]

There is an increase in charges as of the 1st of April.

Link here - for the statutory instrument

Levying Distress Charges
a) where the sum due at the time of levy does not exceed £100 - £25
b) where the sum due at the time of levy exceeds £100 -
22.5% on the first £100 of the sum due.
4% on the next $400
2.5% on the next £1500.00
1% on the next £8,000
0.25% on any additional sums

I will try and find you a link to the statutory instrument that you can refer to, however the above is the charges prior to 1st of April.

Hope this helps.

[streetgang]

Thanks, even based on the new calculation of 24.5% on first £100 I get the calculation to come to £43.20 and not the £53 stated.

Can anyone state categorically that based on the figures I have provided, the £53 isnt correct ?
I presume the cant add other fees to this amount.

I stupidly let the bailiff in and have to pay the walking possession but certainly dont want to pay more for the levy than I have to.

I just need some legal jargon to put in my letter.
Thanks
Harry.

[streetgang]

Anyone able to help on this one ?
Any advice gratefully received.
Thanks

Harry.

[ChloeJane]

Hi,

The words statutory instrument and all information in relation to this and council tax can be found at the opsi website.

A link is here.

You can also quote that the council is bound by contract with their agents the Bailiff companies - therefor ultimately responsible for their behaviour and actions when acting on their behalf.

Often the councils themselves do not know the laws or the fee scales.

I would in my letter, include references and attachments if you can that they can refer to, to verify your issues about the charges.

The opsi site above is great for information and is full of acts and statutory instruments.

Quote the Fraud Act of 2006. - link is here, which shows that money obtained by deception is theft. Add that you would like to think they do not condone theft.

Hope it helps.

[streetgang]

Thanks Chloe, that is very helpful. I will have a look at the link and might get back to you if I am unclear.

Thanks again however.
Harry.

[streetgang]

Sorry to bother you again Chloe, but I assume from your email that you cant see how the bailiff calculated £53 either ? as opposed to the approx £43 that I calculated ?

One other question, should the levy be calculated only on the amount due under the initial liability order ? or can the levy be calculated on an amount including any bailiff charges to the account (eg: walking possession fee, letter fees etc).

Many thanks
Harry.