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.
Due to my wife leaving me, and not working due to severe ill health (my kidneys are failing, I currently cannot walk due to an infected foot), I ended up up in severe debt. I have a small income each moth from incapacity benefit, and disability living allowance, and have slowly been paying things off. My council tax was referred to a firm of bailiffs called Rundle & co. The requestedpaid £100 then £60 per month. I paid the £100 in January, then £100 in Feb, £140 in March. My wife then had to have an operation for cancer and I went to Yorkshire to help her and look after the children. I tried paying over the phone but coudlntget the system yo work. I gotback in on the 11th July and paid another £71.47, leaving only £69 owing. Yesterdaay the 14th July I recieved a letter saying it was and attendance notice for clearence of goods any time from that day. I phoned, and was put through to the bailiffs mobile, where I left a message asking hime to hpne me. While I was at the doctors that afternoon, a bailiff called at my house leaving a letter claiming he arrived to remove goods. At that point I only owed another £69. He now says I owe £192! Therefore he has added another "128 with his visit.
Can he do this? I phoned him, and he was aggressive. He said I must pay. I said I couldnt afford it, and agreedd to accept £100 next month, and £100 the following month.
Considering I have been paying, and the dent was nearly paid off, do the bailiffs have any grounds to charge such a high fee, just to knock on my door and leave a letter.
I have asked the company how the fee was arrived at, but I havent had a response. Where shoudl I go from here. Any advice would be much appreciated.
Wind him up. Phone his mobile and ask the name of ther court that issued his biliffs certificate and ask for the ceritifate number. Then proceed to end the call. Only if he asks why you want that information, tell him...
I'll be filing an official complaint against you for fee extortion, defrauding me with bogus fees and committing offences under Section 4 of the Fraud Act 2006 and this action may involve a criminal investigation.
Never 'threaten' him this this. Ask the bailiff to clear the debt there & then and close the matter. If he doesn't, hang up & file an official complaint against a bailiff for defrauding you with his fees.
On [DATE] I was visited by the bailiff collecting unpaid council tax. He demanded £[AMOUNT] of which his fees were £[AMOUNT].
I was already in an arrangement with the council to repay the debt and I am in receipt of DLA, Incapacity Benefit and [OTHER PRESCRIBED BENEFIT]. I also look after my wife who is suffering from cancer as well as my [NUMBER OF] young children.
I understand the bailiff’s fees are inconsistent Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. I understand defrauding a debtor in this way is an offence under Sections 2 and 4 of the Fraud Act 2006.
I have tried to reach an amicable resolve with the bailiff and his firm but they have become defensive and vexatious in nature and continued to make unrealistic demands of money and further extemporated his fees.
I ask that I am compensated the sum of £[AMOUNT PAID TO BAILIFF] and reasonable costs in receiving an over-zealous bailiff, seeking discovery of information and bringing this matter to court.
Send the form to the court that issued the bailiffs certificate along with a covering letter asking for it to be placed before a judge.
Thank you for the advice, it is much needed. I havent phoned the bailiff's mobile yet, but phoned his company asking how the £128 fee was arrived at. They said the person who deals with it wasnt there, and would get back to be today. Needless to say it is now 5.30 and no phone call. I presume I can officially ask for an account Breakdown, which maybe useful in any court action, or are their details under the data protection act I can request. I am looking at getting some printed proof, I can put before a court. I contacted the local council who appointed the bailiffs, who wernt that interested. The lady agreed the fee seemed a bit excessive, but I should take it up with the bailiffs. I asked if they would take the debt back, considering my illness, difficulties with bailiff etc. I spoke to a manager who turned down my request, saying I had to deal with the bailiffs. She also said the bailiff I was dealing with, was one of the more "reasonable" bailiffs on the circuit!! I wouldnt like to come across the unreasonable ones!!!
Name of Council
Address 1
Address 2
Address 3
Address 4
[DATE]
Dear Sir/Madam
Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]
On [DATE] I was visited by your bailiff collecting unpaid council tax. I have already cleared the outstanding debt but we were unable to reach an amicable resolve. The bailiff showed threatening behaviour and became defensive vexatious in nature. I am also a victim of fee extortion committed by the bailiff because he has threatened to charge me more fees than he is statutorily entitled to under Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992, and I understand this commits an offence under Section 2 of the Fraud Act 2006.
I spoke with you the council and you admitted knowing or believing the bailiffs fees I quoted were 'excessive'. I will now proceed on the basis the council is assisting an offender in obtaining a money transfer by making a false representation. I understand that case law rules an authority is liable for its bailiffs.
On [DATE] I asked you the council by phone to take the case back from the bailiffs because I had already made payments to clear the arrears, and you declined my request.
I now ask the council to:
a) Take the case back from the bailiff and close the case.
b) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and
c) Receiving an over-zealous bailiff acting for you making unrealistic demands of money I do not lawfully owe.
If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in seven days from the date of this letter being [DATE] and ask the Ombudsman the council pays me compensation.
This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978. It is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.
The bailiff on my case ( black horse) has pushed a letter through my door stating that I will be fined '£250 or face 14 days in prison'. It wasn't in an envelope and my mother found it. She was absolutely distraught! she is convinced i am going to jail for a car loan debt!. Incidentally I paid off what the car was worth and nearly £2000 on top of that and the remaining debt is mostly from late payment charges. £65 plus £30 each time? still don't understand what the £30 was for. When it originally went to court it was around £650 but now its nearly £2000! Don't know where to go from here.
This is not a bailiff. It's debt collectors and you should contact police and report an offence of demanding money with menaces and making false statements to obtain a money transfer contrary tor Section 2 of the Fraud Act 2006.
You should also reclaim the late charges in the small claims track. Ask a moderator to move your post to the relevant forum.
I am sorry to hear of the poor ill health of both you and your wife. Are either of you receiving benefits? If so, which ones.
I would be very surprised if you were not entitled to Disabilitity Living Allowance with the mobility component added.
If you are receiving income support then you can request that this account is referred back to the council for deduction to be made from IS at the set rate of £2.80 per week.
As it is you are clearly classified as "vulnerable" according to the National Standards for Enforcment Agents which all bailiffs and their companies must comply with.
If you can responded, I can advice further. If you require help in writing a letter to the bailiff co, please send me a pm and I would be glad to elp.
Your council is being awkward. I had the same scenario with bailiffs over my council tax. I guarantee when your council receive letter advised by WWOW they will take action. In my case council didn't want to know until I sent similar letter they wiped out all bailiffs charges and sent me a copy of letter they sent to bailiffs threatening to dispense with their services unless they adhered to guidelines re bailiff fees.
GOOD GOOD this is what ive been looking for an answer I have today sent this letter to council and was wondering what the outcome could be, I to have had excessive fees added, paid the debt in full , now im being chased for van fees bailiffs fee WPO,when the c/tax is paid.this was 5mths ago now they say ive had letters when i have none. the bailiff has evenhad the cheek to add 10.00 more to the debt than the council say i should be paying so waiting in anticipation for friday.
The bailiff tried to charge me a £ 150 van fee and it was his FIRST visit.
I know for the first visit the bailiff fee is £24.50 and £18 for the second visit. No further charges for subsequent visits
for making a levy £24.50 or less for first £100 arrears
For attendance with a van reasonable costs incurred
Keep on to it and don't be bullied, Nationaldebtline 0808 808 4000 informed me exactly what the bailiff could and could not charge and advised how I should proceed.
However a bailiff can and will turn a first visit in to a van call if they get a point blank refusal to pay and you have sufficient goods to seize!! Please note the word refusal here!!
Thank you kermit2482, your information is very useful. In my case it was a first visit, and although I wasnt in at the time, the letter through the door said he had brought a van for removal of goods. I am still waiting for a reply from the bailiffs company, how the £128 bailiff fee was arrived at for a first visit. I had been paying, and was down from £478 original debt to only £69 remaining before all this started. At no time did I refuse to pay. just now they have added £128 to my bill, my attitude has changed. i am not going to let them get away with this, and with all the help I have had, especially from "wwow", I have the confidence to beat them. Thank you everybody.
Andy
The bailiff on my case ( black horse) has pushed a letter through my door stating that I will be fined '£250 or face 14 days in prison'. It wasn't in an envelope and my mother found it. She was absolutely distraught! she is convinced i am going to jail for a car loan debt!. Incidentally I paid off what the car was worth and nearly £2000 on top of that and the remaining debt is mostly from late payment charges. £65 plus £30 each time? still don't understand what the £30 was for. When it originally went to court it was around £650 but now its nearly £2000! Don't know where to go from here.
Go back to the court as they can only add interest after a judgement - they can't add charges without the courts permission. Write a letter and send their letter along with it and ask for a re-hearing due to excessive additional charges and harrassment.
thank you
what would your next course of action be?
as you are a bailiff
thanks for reply
If everything is as you say it is, then personally i would return it to the office asking them to return the case for closure back to the council, however im not the bailiff on your case so therefore clearly cant speak for another bailiff, this is just my opinion as an experienced bailiff.
well bailiff is sitting outside my house as i write this gave him all copies of letters sent to rossendales council and 1 to him telling him he cannot levy for his fees but he is adamant he can, the window got slammed no more taking
he has just posted a final warning for his fees! so im off to the local paper now and back to the council to ask if they have received my complaint. thank you all on here so now it looks like court for me somewhere down the line!!he can have 42.50 but he insists on 232.50
need help in complaining about a bailiff who visited today I feel like crying he really scared me. Shouting and being verbaly aggresive. He shouted you owe council tax I will give you ten minutes then I am coming in. i said I am not letting you in (cowering by the window) He shouted he could just break in for his money and would in ten mins I told him I would call the police and he laughed and shouted louder you have ten minutes. He had a walking order for a car so I told him i wasnt letting him in and he said he would sit in his car with3 other heavies then force entry.Luckily my husband had the money as he had come to an earlier arangement with a bailiff from the same firm . Who had left . I am still shaking. I know we owed the council tax but really are they allowed to speak like this and lie. The national debt agency says they will try anything. This bailiff when pulled up on his behaviour by my husband said apologise to your wife but at the end of the day we want our money and will get it
Is this excessive? Help needed
called Rundle & co. The requestedpaid £100 then £60 per month. I paid the £100 in January, then £100 in Feb, £140 in March. My wife then had to have an operation for cancer and I went to Yorkshire to help her and look after the children. I tried paying over the phone but coudlntget the system yo work. I gotback in on the 11th July and paid another £71.47, leaving only £69 owing. Yesterdaay the 14th July I recieved a letter saying it was and attendance notice for clearence of goods any time from that day. I phoned, and was put through to the bailiffs
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Re: Is this excessive? Help needed
Re: Is this excessive? Help needed
Originally Posted by shan13
