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.
Hi, i have been reading non stop on this forum about baliffs and ct arreas etc.
I am in arreas with my ct for 2007/2008 and in August i recieved a letter from equita stating that the arreas will now be dealt with by them and bla bla.
I then recieved another letter on the 13/08 as a
"BALIFF REMOVAL payment due in full - 24 hours. I have attended today with the intention of removing your goods and chattels as are necessary to discharge the outstanding council tax liability order and any addition ENFORCEMENT COST incurrred. PLEASE NOTE- NO FURTHER ARRANGEMENTS ARE ACCEPTABLE AND PAYMENT IS NOW REQUIRED IN FULL BY CLEAR FUNDS ONLY i will re attand your address with immediate effect and may REMOVE goods even in your absence. Should you wish to avoid this distressing course of action, contact me immendiately on the telephone number below to arrange prompt paymnet of your debt"
as i recall, this was just posted through my letterbox. No knock.
I rang the baliff in charge and i said that i could make payments fo £100 monthly. He agreed and told me where i could pay this. So i went to the place which is also the council place and i paid £120.
Anyway,due to my own fault, i did not make sept payment and yesterday i receieved yet another letter saying most of what the previous letter did. Also attatched was notice of seizure and inventory of goods with the reg number and description of MY FRIENDS car! this was dated on the 17/09.
So i panicked and rang the man up again.
I told him that there was no way i oculd pay £811.84 in full and that maybe i could struggle-somehow-to pay half of that by next week.
He kept saying there was nothing he oculd do and that payment in full was needed asap.
He then proceeded to have a go at me for not paying the £100 i said i would. I told him that i wnet to the council office,where he had told me to go,and i paid it there and have a receipt of this payment. How did i know that i wasnt supposed to pay it there? it's still council tax! anyway, he told me that unless i pay,by the latest monday,that they will be round to take things from my house and im sure he mentioned something about a locksmith coming.
I went into such a state and didnt know what to do, so after finding this place i spent ages reading.....
so i have copied the template letter and filled in my bits and also printed out a copy for my council. I also wrote the council a letter asking for this to be taken back to the council so i could eal with them and pay them direct.
I rang my local council last night asking if it was ok for me to pay them instead ofthe baliffs and he refused point blank and said no, once the debt has been passed onto equita,they no longer deal with it.
So i told the nice young man that i had been told by someone in the legal profession that it would be possible for me to pay Birmingham City Council. The man then offered me these address that i could write to!
So..my questions are....
what do i do now with the baliffs? He told me yesterday to call him back today as he would see what he could do.
Do i only deal with them now by letter? and shall i not phone him back?
In my letter i also said that i would like a Breakdown of charges.
They have never set foot in my house, nor will i let them, so they technically cannot take my goods can they?
also,i have said that i would pay £200 per month for 3 months to clear this and would they prefer standing order or a cheque, but what if they have unfairly charged me? would i be able to get this refunded? i have also said that i have enclosed a cheque for £200 as my first payment.
So..my questions are....
what do i do now with the baliffs? He told me yesterday to call him back today as he would see what he could do.
Do i only deal with them now by letter? and shall i not phone him back?
That's right.
Originally Posted by brummyrach
They have never set foot in my house, nor will i let them, so they technically cannot take my goods can they?
Right again, and there's nothing technical about it!
Originally Posted by brummyrach
i have said that i would pay £200 per month for 3 months to clear this and would they prefer standing order or a cheque, but what if they have unfairly charged me? would i be able to get this refunded? i have also said that i have enclosed a cheque for £200 as my first payment.
You don't pay the bailiffs, you pay the council direct online - and pay the bailiffs charges - if they are lawful - separately
Please be advised that your case is now with officer Mr. X and he can be contacted on xxxxxxxxxxxxx.
what are 'enforcement' fees?!
Again i must state that i have never had a visit,well,not that i have known,only either letters sent to me or a letter shoved through the letter box.
I have never sign a wa either.
No they are not lawful. The law prescribing bailiffs fees for collecting unpaid council tax (ct) is Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. The maximum bailiffs the law allows for a debt of £596.34 is £18.00 (+VAT) for the first visit £24.50 for the second visit. Ypur post indicates you havn't signed anything and the bailiff has not moved any goods. They bailiff is overcharging you £165.57. Ask the bailiff to confirm in writing the fees on their document truthfully complies with the law and you will find they will come unstuck.
The Omnipotent Bailiff Co, Plc
Their Address 1
Their Address 2
Their Address 3
Postcode
DATE
Dear Sir/Madam
Re: [YOUR NAME + REF]: Opportunity to refund and compensate for fee error
I write following visits by your bailiff, however there appears to be an irregularity with your fees and I ask you to provide the following within fourteen (14) days:
a) The name of the certificating court and certificate number for the bailiff in charge
b) Written confirmation of your fees and charges
c) Truthfully confirm in writing they are lawful according to prescribed legislation
d) 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 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 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 committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.
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
Defrauding you with bogus fees in this way commits a criminal offence
To whom it may concern
Name of Police Station
Address 1
Address 2
Address 3
Postcode
DATE
Dear Sir/Madam
Re: Reporting offences committed under the Fraud Act
I was visited by [NAME OF BAILIFF(S)] of on [DATE] enforcing payment of unpaid council tax. I Have been defrauded by the bailiff because he overcharged me in fees contrary to Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992.
I was charged £215.50 in fees for an original debt of £596.34 and their document confirms I am being defrauded by £165.57 in unlawful bailiffs fees. The prescribed maximum is £24.50 (+VAT) for one visit and £18.00 for the second. The law doesn't provide for bailiffs to charge 'enforcement fees' and 'bailiffs fees'.
I asked the bailiff to put things right but they failed to do so. Their receipt indicates the bailiff or his firm is routinely and systematically defrauding debtors in this way believing the general public are less-informed of the law that prescribes bailiffs fees.
I understand it is a criminal offence under sections 2 and 4 of the Fraud Act 2006 to make a gain or obtain a money transfer in this way or by misuse of his position. I therefore ask the criminal element of this matter is fully investigated objectively and professionally and I have enclosed relevant documentation to satisfy the criteria for the CPS to start criminal proceedings. I am happy to stand as a prosecution witness and provide a statement, please let me know if you need further information.
Meanwhile please provide me with the crime number.
equita-help!!
stating that the arreas will now be dealt with by them and bla bla.
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Originally Posted by brummyrach
