Hi guys 1st post

My mother has an outstanding debt with bailiffs for Council Tax.

She had an agreement with bailiffs to pay it off and defaulted after 2 payments as she could not afford it.

Now they want the amount in full.

They say they have requested for 'Commital to prison' which scared my mother until i explained it to her. They do not have a 'Controlled Goods Agreement' at all

I have today disputed the amount as the bailiffs starting balance doesn't match what is owed to the Council.

To be clear this is before any alleged fee's from the bailiffs themselves.

It is just the 'starting balance'.

I intend to pay it for her in a couple of weeks when I have the money together

BUT I do NOT intend to pay the bailiffs fee's.

Instead, what I intend to do is pay the Council in one payment via online payment what my mother owes them. Leaving the fee's with the bailiff's!!

If I pay the Council,

then the debt can't be passed back to the Council as the fee's would be theirs and theirs only.

My intention then is, on Common Law grounds, is that I get my mother to say she doesn't consent to these charges from the bailiffs. Which is a total of £310. They are only claiming this money under the 'Control of Goods Act 2014'.

Now, when the bailiff's are only left with their fee's and no actual debt - would she able to refuse consent? As an Act is only governed by consent.

The other option is to just leave them with their fee's and ignore them. As it is a Civil matter - and without proof of claim - they can't actually do anything.

I reach out to you guy's for answer's on this.

Am I right to think I can get one over on the Bailiff's this way?

They have very naughty attitudes when she calls them BUT seem very polite to me when I call! I would LOVE to get away with this

if you have had an enforcement notice

and

they have subsequently attended

then you have FFES

and you cant get out of them

you've come directly to the bailiff forum.

I suspect you've also see n the discussions forum?

its debated their to death already.

IMHO you already know the answer.

http://www.consumeractiongroup.co.uk/forum/showthread.php?463050-Bailiff-fees-and-the-correct-procedure-to-follow-if-a-debtor-pays-creditor-direct.(2-Viewing)-nbsp

dx

Thank you for the link Sir

Also, if I pay nothing to anyone and the Council get the debt back - would the fee's be waived that way or would the Council 'take on' such fee's?

I forgot to put this in my original post (duh)

you cant get of the fees sorry.

I think reading between the lines

you've been visiting these freemen of the land twaddle sites re your 'common law' comment..bad move ..sorry.

I find you quite an angry person full of sarcasm. Have I offended you? You have already answered on my original post. No further comments are needed from yourself thank you. I have the time to wait for someone else's reply. Someone that maybe know about consent to Acts and can further elaborate. I have come here for help not ridicule.

If the debt goes back to the Council will they 'take on' the bailiff's fee's?

they will pay the bailiff from what you pay them

the fees still exist

end of sorry

they employed them but go complain yes.

dx

If it is passed back to the council the fees will be void.

How ever you have to catch the payment in between, before they are passed on to another EC.

you will have no notification, when this happens.

The council will not help out and let you know.

Good Luck

Leakie

I find you quite an angry person full of sarcasm. Have I offended you? You have already answered on my original post. No further comments are needed from yourself thank you. I have the time to wait for someone else's reply. Someone that maybe know about consent to Acts and can further elaborate. I have come here for help not ridicule.

dx and I don't always agree on details.

However, I have NEVER doubted their good intent, nor had reason to question the basic gist of their answers.

They (correctly, IMO) wondered if you had been influenced by FMOTL style advice, and (again correctly, IMO) warned against it.

That isn't sarcasm : it is a warning.

You are free to take or leave the advice given.

However, there is no point in asking for advice and then getting 'snotty' just because the advice you get doesn't match with what you hoped to hear.

I suppose it comes down to whether you actually want advice, or mere validation of your pre-formed views.

I'm not here to validate your lunacy.

...:kiss:

Warning FMOTL can seriously damage your financial wellbeing.

I find you quite an angry person full of sarcasm. Have I offended you? You have already answered on my original post. No further comments are needed from yourself thank you. I have the time to wait for someone else's reply. Someone that maybe know about consent to Acts and can further elaborate. I have come here for help not ridicule.

 

If the debt goes back to the Council will they 'take on' the bailiff's fee's?

Playing a game of "getting one over the bailiffs" or attempting to 'get away' with paying bailiff fees is one thing, but using your mother as a pawn is something else all together !!!

From reading between the lines, your mother received documentation from an enforcement company and made a payment arrangement. She then defaulted on that arrangement. Bizarrely, you seem to consider that even though your mother defaulted, that the bailiff should not be entitled to their fees. Very odd indeed.

DX100 has been a Site Team member for over 10 years, and like most of the regulars on the 'bailiff' section, he is pretty quick at picking up on posts that have the ability to turn threads into 'debt avoidance' arguments.

PS: If you are intent on using your mother for your 'debt avoidance' plot, you may be interested to read the following thread;

http://www.consumeractiongroup.co.uk/forum/showthread.php?477808-Paying-the-creditor-direct-to-avoid-paying-bailiff-fees-has-landed-a-debtor-with-a-%A37-000-cost-order.(3-Viewing)-nbsp

Today I can confirm that the £235 costs have been scrapped (Not the £75). Many thanks to you guys

All I had to do was question who sent the letters for the Enforcement fee. 2 weeks ago I asked the bailiff for evidence of him coming round dropping the letter off.

He bluntly said 'Well, you got the letter didn't you?" I quipped "What letter?, do you have evidence that would stand up in Court?"

I then made a complaint to the office via phone and email, and also asked for a full breakdown of fee's.

Today we received a letter (without the breakdown) which stated how much we now owed. This letter has one thing missing from previous dealings - the Enforcement fee. It has been removed!!

All in all i am now happy to pay

Things that make you go hmmmmmmmmm & makes you wonder!!

This is most certainly one of those....

Peace

well we didn't ask...

nor did you tell us that you hadn't received the notice..

if we had of known that

then we would have advised you are still liable for the £75 fee not the £235

well done

I havnt commented on this thread as its not my field of knowledge but feel I have to comment on your comments, as a admin member here, I and many others devote many hours of our free time helping people, I am pleased that you got the result you were looking for and happy that you could re-visit to thank members who tried to help you,

Reading through this it seems that there were no enforcement fees due anyway, I cannot see where it says the bailiff called, perhaps I missed it.

The initial fee" the compliance fee was paid by the OP together with the original judgment sum, isn't that all that was due?

He has, of course, paid the initial fee to the bailiff.

"To be clear this is before any alleged fee's from the bailiffs themselves.

It is just the 'starting balance'."

The compliance fee is due to the bailiff on the receipt of the account, of course, if you ask for a break down from the bailiff it will include the compliance fee.

The compliance fee would have come off the first payment.

Is there another thread on this, I can't ee anything on here about a visit.

"Today I can confirm that the £235 costs have been scrapped (Not the £75). Many thanks to you guys"

Yes, but in the first post you sad the letter was "sent". It is not unusual for a bailiff to contact a debtor and tell them that they had defaulted on the arrangement, and also to threaten the an enforcement fee, which would become due if the matter was not rectified.

As for the compliance fee, surely the balance would have been taken out of the amount you paid?

A little confused regarding the second letter, as none is required at this stage.

It may be the case, that the EA decided to drop any further enforcement once the balance of the compliance fee and the sum due to the authority was paid, this is not unusual. Good on them for doing it on this occasion, if that is what happened.

They were under no compulsion to do so if a visit had been made.

the op has not been here for a week gentlemen

Point taken. DX