Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Bailiff turning up Tuesday 4th July - need urgent advice
Hi
Hope someone can help.
Got a letter through my door from bailiffs today re council tax. I have been in dispute with council and even bailiff Watchdog sent a letter on my behalf re my dispute a while back. If BW is reading, you may remember.
Now have a demand for £702 and bailiff says he is turning up tomorrow - Tuesday. I called him and told him that I was in dispute with council. He said liability order had been got in November last year and not in dispute with council - as far as they and council are concerned, I must pay up or they come tomorrow and gain entry. He refused to listen to fact I had a problem with council and wants money,
I queried charges as liability only £437.00 but with his charges now £702.00.
I asked him to list charges
He said
437.00 money owed
22.50 first visit
16.50 second visit
36.00 another charge
plus £95.00 x 2 visits with a van with bailffs
I asked him for proof and he said he did not have to provide anything. I said that a van did not cost £95.00 but he said 2 bailiffs had attended as well on those days. He did not give me dates for the vans. He said he was a court bailiff and when I asked what bailiff association he was with he said, not with one, but was a certifiied bailiff which council use and could get money I owed. I said that I wanted time to sort but only have until next week.
I have until next week to pay or he says they will come and and take goods, even if not about. Please can someone, even Bailiff Watchdog, please help on this.
He said he would ring next week, to check what position is, but still wants money. On the letter it says 'Bailiff's decision is final'.
Can I go down any legal route? All answers appreciated.
Re: Bailiff turning up Tuesday 4th July - need urgent advice
they cant take anything that they havent levied on and cant levy on stuff that doesnt belong to you. get my drift????? unfortunately, they seem to be outside of any law i have ever heard of. i had something similar when i had a pub and they turned up one day and just emptied the place! it turned out that the person who was supposed to be dealing with my insolvency and had 'spoken to the man at the VAT office and everything was sorted' hadnt spoken to anyone at all. last person to know was me of course. and when i sold the pub and everything was paid over to her to pay the official receiver, she vanished with the lot - 73k. but thats another story. you can go back to the court i think and they are more likely to be a bit more accomodating. all the very best. its hard i know but try to keep smiling.xx
Re: Bailiff turning up Tuesday 4th July - need urgent advice
Originally Posted by Ali2
437.00 money owed
22.50 first visit
16.50 second visit
36.00 another charge
plus £95.00 x 2 visits with a van with bailffs
hi there.
firstly, if the bailiff has not gained entry before, under any circumstances DO NOT LET HIM IN. ensure that if you have a vehicle it is hidden away. council tax bailiffs have to gain peaceable entry so ensure doors and windows are locked for the time being.
the first two visit charges are fine. he cannot charge you the £190 for the van fees becuase he has not gained entry to the property and thus hasn't made a levy. this CAN be challenged, you do NOT have to pay it.
if the bailiff has gained entry and made a levy they can charge reasonable fees for attendance and would be able to used forced entry to come back into your property. can you please let me know if they have gained entry, i can advise you furthermore if this is the case.
Council Tax bailiffs are nearly always from Private companys, contact the council and find out who they use, also write to them with a budget sheet making an offer of payment asking them to take the debt back, point out that you will consider a complaint to the Local Government Ombudsman due to the fact that the bailiff isn't behaving correctly.
when you have got the name of the bailiff's firm get back to us, we can find their trade association for complaints purposes. The Bailiff should follow the National Standards for Enforcement Agents and it sounds very much like they are not acting correctly.
Re: Bailiff turning up Tuesday 4th July - need urgent advice
It's been 6 days since many organisations, including mine battled for changes to the Tribunals Courts & Enfocement Bill that proposes for bailiff in the furture to have ADDITIONAL powers. Reading how his bailiff is acting it merely proves we were right to fight for these changes.
The facts are these. This bailiff HAS NOT gained entry into your home and levied on goods. Judging by his behaviour, I would NOT ALLOW him into the home.
His fees are wrong. The fees to be charged are laid down by Parliament and for Council Tax are referred to under the following Regulations:
The Council Tax Administration & Enforcement (amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006
EXPLANATION.
First visit fee: £24.50
This is for a FIRST attendance to levy but where a levy does not takes place. (For example where you are not in)
The bailiff can charge a levy fee if they levy but he CANNOT charge both amounts on the same occasion.
Second visit fee: £18.00
Despite any further visits, the bailiff can only charge for a MAXIMUM of 2 visits.
Levy Fee:
This is where the bailiff levies on goods and a Walking Possession is signed.
Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc.
For example: assuming your Council Tax bill is £600, the total amount that you should pay is as follows:
First £100 £24.50
Next £400 @ 4% £16.00
Remaining £100 @ 2.5% £ 2.50
Walking Possession Fee £12.00
Total £55.00
Attendance fee:
For ONE attendance with a vehicle with a view to recovering goods AFTER the levy has been made.
As a matter or urgency, could you please send me a Private Message with the name of the bailiff, the company he works for and the local authority. I will check the name against the database to see if he is certificated. Please, no name on a public forum.
PS: Sorry, I may be wrong on the first and second visit fee. The fees posted by me are the NEW fees introduced on 1st April this year. The fees quoted to you by the bailiff are the earlier fees.
Re: Bailiff turning up Tuesday 4th July - need urgent advice
Dear All
Thank you so much for all the advice so far.
No, this bailiff has not gained entry (so far), or levied anything, however, as my flat is in a communal building, if a neighbour let him into the communal area, could he break in that way?
I am afraid that I gave him my number to call next week re the debt. However, from what you are all saying, I now have enough information to tell him that I will not deal with him as I have taken advice. If he then continues to phone, I take it I could get him for harassment?
Herbie, I take your advice about not naming names on sites. although I do think the company I am talking about is well known. I do think it strange that he will not give information about what seems to be a registered company. Surely a registered company would have to be a member of a recognised association that deals with their business. It does seem that he is really pushing in an unethical way and not following regulations.
Once again, thanks for all the posts/answers so far. All extremely useful for when he calls me.
Re: Bailiff turning up Tuesday 4th July - need urgent advice
Originally Posted by Ali2
No, this bailiff has not gained entry (so far), or levied anything, however, as my flat is in a communal building, if a neighbour let him into the communal area, could he break in that way?
your front door would be the front door to your actual home rather than the communal area, if he gains entry to that area it is not classed as gaining entry to your actual home itself.
Re: Bailiff turning up Tuesday 4th July - need urgent advice
Hi
Since my last post, bailiff has now obviously returned debt to council. Council have now written demanding a sum of about 688.00 pounds and said if I do not reply will go to district judge, imprisonment etc.
However, bailiffs have levied such charges as vans 95.00 x 2 = 190.00 plus other fees onto original debt. What way do you suggest I approach the council as I believe bailiffs are acting unlawfully trying to extort extra charges? Can I take this to a body called 'Local Government Association' which I believe deals with complaints against councils if they say I still owe the full sum above. After all, from what respondents have already said to this post, bailiffs cannot impose charges as they did not enter the property. Can a householder actually take the council to court if not satisfied with their answer?
Re: Bailiff turning up Tuesday 4th July - need urgent advice
Originally Posted by Ali2
Hi
Since my last post, bailiff has now obviously returned debt to council. Council have now written demanding a sum of about 688.00 pounds and said if I do not reply will go to district judge, imprisonment etc.
This is just a threat - remember the Magistrates have the power to write-off some or all of your debt if you cannot pay !
Persue the illegal charges route and they would not dare to proceed with this.
Re: Bailiff turning up Tuesday 4th July - need urgent advice
You should be sending an SAR (Subject access request) to assertain the actual fees charged. From the response you will be able to see where there has been any overcharging.
If you are unhappy with the way the LA have acted you can take your complaint to the Local Governement Ombudsman. They have a web site at The Local Government Ombudsman
Bailiff turning up Tuesday 4th July - need urgent advice
today re council tax. I have been in dispute with council and even bailiff
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Originally Posted by Ali2
