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'm aware that there are a couple of other threads that discuss this issue but I've been unable to find the info that I need so I'd appreciate it if anyone can help me with my specific situation.
Basically I am in disagreement with a bailiff regarding the fees due in respect of Council tax. I've spoken to the council but their response has been less than helpful and they have advised that, in their opinion, the fees are correct.
What has happened is this.
bailiff called and left a letter and quoted a first visit charge - I ignored it.
bailiff called and left a note quoting second visit charge - I phoned the bailiff and we discussed the debt. I made a repayment proposal (debt repaid in three monthly payments) which he didn't want to accept without me signing his paper work. I refused to sign anything or have him visit but reiterated my proposal. His final words before putting down the phone on me were "Just send a cheque to the office then." At this point I believed that we had reached an agreement.
The very next day I came home to a note through the door advising he had attended with a van to remove goods - a charge of £130 was applied. I didn't send the cheque I had written because I feel this charge is unfair.
He then visited a couple of weeks later (I'd been trying to get advice on what options I had available so hadn't been in contact) and advised commital proceeding would be taken if no payment was received. I then took it up with the council who, after looking in to it twice, have advised that the fees are payable. I've since made an interim payment direct to the council and intend to pay the full amount off tomorrow direct to them but not the bailiff fees.
My queries are:
I don't dispute the 1st and 2nd visit charges and will pay them. However following our conversation I had a reasonable belief that we had a repayment agreement and am not happy to pay the 3rd charge. Does the definition of "reasonable charge" that is quoted in the fees scale extend to the circumstances in which it was made or does it just apply to the level of the fees?
Also, am I right in thinking that, as nothing had been signed, the bailiff was not within his rights to attend with a vehicle to remove goods? Or have I misinterpreted that part of the fee description (i.e. as no levy had been raised - I'm presuming the levy is the signed agreement or walking possession order)
At the moment the bailiff is saying if I don't pay in full he will take my car and I have "tried his patience for long enough." All in all he was very aggressive on the phone. I get the impression that he's not used to being challenged and it has become a point of principal for him to get this money. I have no doubt he will take my car, out of malice if nothing else.
Basically if I have to I will pay it but I'm not happy to do so.
Any links to official websites with an authoritative answer would be greatly appreciated.
I'm not sure what constitutes an official levy on the car but I'll give you what info I can.
A couple of weeks after the 3rd charge was applied (the one I am disputing) I came home to find another note through the door which advised he had attended to remove goods for sale at public auction. In a blank space on the note he had written "Removal of Vehicle". No vehicle details (make/ model/ registration) were included on the note. I don't believe he has ever visited when my car has been at the property,
I have also advised that my car is necessary for work but he disputes that.
In any event the debt will be paid in full (what ever amount is required) once I have answered the question of the van fee and whether he needs to have a signed levy from me in order to legally apply it.
OK, you need to write to him asking for a full Breakdown of costs, including dates, times, purpose, name of bailiff and which court he was certified at.
State what you agree to pay and, if you can, pay it by cheque. State that the rest of the amount remains in dispute and you expect no further action to occur whilst in dispute.
All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.
This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)
The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.
Second visit fee: £18.00
Despite any further visits, the bailiff can only charge for a MAXIMUM of 2 visits.
For an Attendance fee: Statutory Regulations provide that the bailiff can only charge for one attendance with a vehicle with a view to recover goods "after the levy" has been made.
There was no levy made.The bailiff would have to provide vehicle details on the Walking Possession which he did not.
I would advise sending a letter to the bailiff company with a cheque for the two visit fees which will total £42.50 ( there is no VAT for collection of Council Tax)
You should inform them in your letter that you dispute the third charge as no levy had previously been made and therefore they cannot possibily arrange for a van to remove goods. In your letter it is adviseable to say that the amount enclosed of £42.50 is in Full and final Settlement, and that if they refuse this, you will be seeking a detailed Breakdown of all the fees and charges.
Please keep a copy, and make a note of the date that your cheque clears in the bank.
Just to let everyone know that I wrote to the bailiff (and the council recoveries department and copied to my local councillor). I enclosed the 1st and 2nd visit fees and challenged the £150 van charge and asked for the info that Tiglet recommended in the post above.
I came home this evening to a receipt for the money paid from the bailiff marked "account paid in full". I haven't had a reply from the council yet and I'm mighty annoyed that they backed the bailiff in this and if I do I'll let you all know.
Yet again, this just proves that local authorities are not looking after their customers...and are backing the bailiffs to the hilt.
But this case proves that if you can show to the bailiff company that you know your rights you can win.....and you did....WELL DONE.
I came home this evening to a receipt for the money paid from the bailiff marked "account paid in full". I haven't had a reply from the council yet and I'm mighty annoyed that they backed the bailiff in this and if I do I'll let you all know.
Thanks for your help everyone.
You could possibly go the route of complaining to Local Govt Ombudsman regarding LAs behaviour ( if you could face it! )
Challenging Bailiffs Fees
regarding the fees due in respect of Council tax. I've spoken to the council but their response has been less than helpful and they have advised that, in their opinion, the fees are correct.
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Originally Posted by BingoUK
