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Local Authority, Council Tax and Business Rates Issues This is the place to discuss Local Authority dispute, including issues around Council Tax Banding, Business Rates, Planning etc. NB: DO NOT USE THIS FORUM FOR COUNCIL TAX BENEFIT OR DEBT ISSUES - you will get more support in the other relevant forums.

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Old 20th November 2008, 17:57   #21 (permalink)
Platinum Account Customer
Default Re: council tax please help..dont know what to do

Baglady, I am sorry to have misinformed you on the previous post. Apparently it is fairly pointless to send bailiff companies sars because that do not bother to respond correctly.
Please read this post by BURP to get the info that you need. He is a big help on the Bailiff section and it might help you to visit that section and read some of the threads there which may give you a help with your own bailiff company.
Here is his post-

Paying ten-quid for a S.A.R. is a mugs game; you get a printout telling you diddly-squat! This one cost nothing and evidently gets results hole-in-one, usually with all unlawful fees refunded without further ado!

It can be used by anyone trading in bailiff fee recovery

It works on almost any debt up to six years after paying a bailiff

It works even if the debtor havn't paid any money to a bailiff yet

You don't need to know what the debt is for, or the name of the creditor

It serves as a Letter Before Action

It has an infallible set of follow-up templates. You can’t lose!


Quote:
The Omnipotent Bailiff Co, Plc
Their Address 1
Their Address 2
Their Address 3
Postcode

DATE

Dear Sir/Madam

Re: [YOUR NAME + REF]: Fee irregularities. Opportunity to compensate

I write following visits by your bailiff however there appears to be irregularities with your fees. I ask you to provide the following within fourteen (14) days:

1) The name of the certificating court and certificate number for the bailiff in charge

2) Written confirmation of a) your fees, and b) the original debt

3) Truthfully confirm in writing your fees are lawful and comply with regulations prescribing bailiffs fees

4) The name and address of the person or body you act for

If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law prescribing your fees and I will consider this aspect of the matter closed.

If I later find an irregularity with your fees within the statutory time limit of 6 years as prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for dishonestly defrauding me with your fees. This may also involve a criminal investigation by police and your bailiff and firm's director(s) may receive a criminal record for assisting an offender, benefiting from proceeds of crime and committing offences under the Fraud Act 2006.

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

Yours Sincerely

YOUR NAME


Just insert the name of your bailiff company at the top of the letter and send it off. Make sure you keep a copy.
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Old 20th November 2008, 23:15   #22 (permalink)
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Cagger since : Nov 2008
I am in: Cheshire
Posts: 40
thebaglady Novitiate
Default Re: council tax please help..dont know what to do

Thanks to all of you that have advised me, the above letter is very similar to the one i have sent the bailiff. I think i have made all relevant points, and told them i am only going to pay council direct - due to them not accepting an affordable offer. I have kept copies of both letters, the council one and bailiff one.
The reason i believe they have charged me accessively is from what i have read here. The letters they keep leaving show an increase of hundreds each time.
I am hoping the council will help us.
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Old 21st November 2008, 11:58   #23 (permalink)
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Cagger since : Nov 2008
Posts: 38
naughtykitten Novitiate
Default Re: council tax please help..dont know what to do

Hi I hope i you are getting somewhere with this!

I would also agree that it is a very good idea to pluck up the courage to speak with your council about this, even though if they are anything like my council they will be horrible to you on the phone, at least you would get more information from them about what they are expecting & if there is a way for you to work with them to get the bailiffs off your back. It is also a good idea for you to speak with the Citizens Advice Bureau if you haven't already & they can let you know where you stand & what you can do to help you out of this situation.

Council bailiffs unfortunately can have more power than a standard bailiff in that the council can grant them warrants to enter your property without permission to seize goods. They are not allowed to remove any 'tools of the trade' as said on here previously, but they can in some situations get access to your property without your permission which is why I would advise you speak with both your council & CAB to sort this out.

I really hope you get this sorted! Good luck & let us know how it goes!
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