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 all
i have just received a visit from dukes bailiffs for unpaid business rates, the outstanding amount is for 400.00. But now there charges are on top it is totaling 894.00. we never received any letters giving us the chance to pay.If anybody could give me a little advice i would be grateful.
thanks
kirsty
hi all
i have just received a visit from dukes bailiffs for unpaid business rates, the outstanding amount is for 400.00. But now there charges are on top it is totaling 894.00. we never received any letters giving us the chance to pay.If anybody could give me a little advice i would be grateful.
thanks
kirsty
There is nothing which requires bailiffs to first send a letter on business rates. In fact it's usually best not to from a bailiff's point of view as in some cases the trader might decide to abscond if he knew his number was up!
£494 in fees appears a little on the high side!
In this instance you should write to Dukes requesting how the fee amount is made up. Be specific:
i.e. "Please provide a detailed Breakdown of the costs you have charged showing in each case the reason for the cost and the actual cost against that item. For any cost which relates to an attendance fee, please state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate."
If the sum involves more that one visit and you can be sure you were in and available when the call was alleged to have been made (perfect if you are open to the public when calls were supposed to be made) then you should submit a complaint.
Side copy this to the revenues department of the council.
Bear in mind that there is case law which states that a bailiff does not need to be certificated (for business rates or council tax) provided he/she does not levy. If the bailiff levied (took an inventory of goods and left you a copy) then he/she must hold a valid certificate.
thanks for your advice, just one more thing i haven't paid them yet i was planing on sending them a cheque tomorrow for the full amount, is this wise or should i just send them the money for the business rates and wait for there Breakdown of charges.
Hi Kirsty,
I'm no expert in these matters but if I was in your shoes I would send off the cheque for the outstanding ammount owed i.e £494 with a covering letter stating that you are willing to pay resonable costs to them on receipt of the Breakdown of charges. Once you have them you can either dispute them or come to an arrangement with them. Send it by recorded delivery ;-)
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thanks for your advice, just one more thing i haven't paid them yet i was planing on sending them a cheque tomorrow for the full amount, is this wise or should i just send them the money for the business rates and wait for there Breakdown of charges.
thanks
kirsty
In your shoes, no, I wouldn't pay the whole sum because the fees appear questionable. As a bailiff, I would be reluctant to hand back fees once I'd got them!
I would instead be inclined to send the letter as noted along with a cheque for the outstanding rates plus some costs. If I've got this right, this was their first visit and they probably levied with walking possession. If so I would expect their charges to be £34.50 which is the levy fee on £400, plus £11, standard walking possession fee, total £45.50. There should, in theory, be no other charge as an attendance to remove fee requires a levy to exist first. The fact a walking possession was been entered into should mean there was no intention to remove and so an attending to remove fee should not exist.
In which case I would send a cheque for £445.50 and request the specific breakdown of fees before paying the balance.
Remember though that they will receipt all that money against fees first so the outstanding sum will always be the business rates. That's why you need the breakdown to make sure they don't overcharge you.
I would also add to the letter, "Please confirm receipt of the payment and that you will take no further action which might incur additional charges until you have provided me with the breakdown of fees as requested."
Keep copies in case you need to show their client!
hi
this was the second time they called the first time they called they put a card through, the second time they called i ignored the door they then put a letter through saying final notice your goods are due to be removed. they then sat in there van until i went out to see them. i have done letters and i have just paid business rates on line. hope this was OK thanks for your advice.
kirsty
well well would you believe it, i have received this letter this morning.
Dear mr xxxxx
After liaising with our client i can confirm that they have received payment directly totaling the outstanding arrears. As you are aware additional costs have been incurred to your account due to visits received from the bailiff. The Breakdown as requested is as follows:
First visit £22.50
Second visit £16.50
A third visit(Attendance/enforce) was incurred whereby an additional cost may have been added to your account for £185.00 if a removal of goods had taken place.
Please forward the balance of £39.00 to our office asap.
I Just can not believe what they would of charged me if i didnt have the help of this site. but there figures still do not add up here is my breakdown.
which leaves £409.00 bailiffs breakdown is £39.00 plus £185.00 if they had taken good. which they didn't so where has the other £185.00 gone to. Erm i wonder? do you think i should write and ask them, or just pay the £39.00 and be thankful i didn't have to pay there original bill of 409.00 which i would of paid if it wasn't for the help of the people on this site.
I carnt belive they get away with this somthing should be done. to stop this daylight robbery.
many many thanks to you very good people.
kirsty
Re: Bailiffs overcharged business rates fees --WON--
Well done Jonkirst1.
The letters from Blfuk1, by specifying so exactly what was required, were obviously
the key to your result.
Should you wish to take matters further against Dukes, I recently downloaded a
Pdf from the Office of Fair Trading relating to "debt collection Practices"
In the section devoted to "Debt Collection Charges", they have this to say-
1.12 It is the responsibility of creditors and debt collection agencies to ensure that they do not recover
collection charges in the absence of an express contractual provision entitling them to do so.
Furthermore, debtors should not be led or allowed to believe that they are legally liable to pay such
charges where this is not the case. Failure to act in accordance with these principles is likely to be
regarded by the Office as an unfair or improper business practice within section 25(2)(d) of the
Consumer Credit Act and thus relevant to the issue of fitness to hold a consumer credit licence.
Re: Bailiffs overcharged business rates fees --WON--
Yes i think i will take it further i am a bit worried though with my luck they will probably turn around and say oh yea you owe us for letting us breath on your doorstep.
Bailiffs overcharged business rates fees --WON--
for unpaid business rates, the outstanding amount is for 400.00. But now there charges are on top it is totaling 894.00. we never received any letters giving us the chance to pay.If anybody could give me a little advice i would be grateful.
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Originally Posted by jonkirst1
bailiffs reduced amount from £409 to £39.00
