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.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I was recently being chased by Equita bailiffs for £1,031 council tax which I owed my Council. I told them that there is no way I can pay this amount all at once but they said they wanted all the money or they will call at my house and remove everything.
I called the council a few times and asked them if we can come to an arrangement to clear the amount as the bailiff is very ignorant and won't negotiate - surprisingly they said that they can't help as the case is with Equita and I should sort it out with them. I turned to my Local MP and she got the council to arrange a plan to pay this off but I have to pay the money to the bailiffs.
I was only visited by the bailiff once as he left a letter under my door and for that visit they have added £203 charges. Why??? Is this fair??? I now have to pay £1, 234 instead of £1,031.
I would really hate to pay this money to someone who was not even being considerate and try to help me. Can anyone help?
Well, I stupidly shredded all the papers they sent me but here is exactly what happened.
Letter received from equita stating that I owe the council £1,031 and they need to collect it ASAP so I should give them a call to discuss.
I really stress about this kinda stuff so I (again) stupidly ignored the letter. But then they sent me another letter saying that I must make a payment in full or the bayliffs will be instructed (this again was for £1,031). I started looking for some alternatives. After a few days, when I came home from work the bailiff had left a letter under my door with huge heading saying URGENT.
I was only made aware of the £203 fee when I called the bayliff to make my monthly arranged fee of £310. This was my second payment and he told me that I have £614 outstanding even though I have paid £620 already. I was so upset so I asked him why the extra £203? He advised that this must be the fees incurred.
No written evidence, but why should I pay these guys so much money when they never really did anything apart from 1 little visit to my house
1. The sum in respect of charges connected with the distress which may be aggregated under Regulation 45(2)
shall be as set out in the following Table- (1) Matter connected with distress (2) Charge
A For making a visit to premises with a view to
Levying distress (where no levy is made) -
(i) where the visit is the first or only
such visit): £24.50
(ii) where the visit is the second such
visit: £18.00
That's from the horses mouth so to speak; so only if a certificated BAILIFF called that day, then you owe them £24.50 IMHO.
However, someone more knowledgeable may have more to add.
Yes I do, I did, and I emailed them and sent a hard copy recorded delivery,
there are template letters on this site that you can use, or cut and paste from posts.
You need to adopt a plan and organise your letters and paperwork, and you need to spend some time reading the posts on here, because it will be a fast track course that will give you confidence to deal with them.
You need to write letter to the company to say that you are aware of your rights and are also aware that the Statutory fees allowed for the collection of council tax are £24.50 for a first visit and £18.00 for a second visit.
Remind them also that the fees charged by them are way in excess of this and that you suspect that they have attempted to charge levy and van fees. In order for these fees to be charged when enforcing a council tax, the bailif MUST first have levied upon goods and that these goods would been recorded on a Walking Possesssion form that you would have signed. Only AFTER this has happened, can bailiffs return to remove those goods that he has previously "seized". There ia very clear case law on this point.
A bailiff has neither gained entry into your home and neither have goods been levied upon.
Sadly, this is a very common charge that bailiff companies "attempt" to add to your acount.
Challenge it immediately and inform the bailiff company that unless they can confirm to you by return, that this charge has been removed, then you will ONLY make payments to the council and that you will be considering a formal Form 4 complaint against the bailiff concerned.
For the collection of council tax, a valid levy of goods MUST be in place BEFORE van charges can be applied.
Equita Bailiffs
for £1,031 council tax which I owed my Council. I told them that there is no way I can pay this amount all at once but they said they wanted all the money or they will call at my house and remove everything.
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have a look at my story and you'll see 
