CT Statutory Fees and levy Question

[amyhope]

I am sorry if this has already been covered but have had a bit of a search and cant find the answer to the exact question I have.

 

I have heard about Statutory Fees and have seen them listed on many websites but what I am wondering is where I would be able to get an official copy of them or what the name of the publication containing them is called if there is one. Do you think it would be best to actually ask the bailiff company if they have a copy of their charges they could send me. (although I would rather do that as a last resort).

 

And my other question is about Levying what exactly is classed as a levy every where I have read states a Levy Fee is added when they come and remove goods but was wondering if they can charge that if they come to remove goods but don't gain access to the property or remove any goods.

[Oh Boy!]

Hello,

 

If the warrant of execution is being carried out by a County Court Bailiff then the fees are fixed by the court, the county court bailiff does not receive any commission he is a civil servant and is accountable so therefore even if he came to your home about 64 times the money owed will not rise.

 

However depending on who the bailiff company is their fees will vary, some will charge you £11.50 just to send a 1st letter then something like £45.00 for a visit then something similiar to £125.00 with porter and van etc. they are all different and you may be able to get the information from the company themselves.

 

Technically there should be no levy fee, its nonsense, its the high charge that is known as "£287.56 van and 3 men" etc, that is what they will call a levy fee. otherwise there should never be one.

 

They will charge a different fee for every visit they make, they may not even visit but list it as having been and gone, and so charge you a fee for example £23.00 or £45.00 or £10.00 all companies have different fee structures, and yes if they manage to get hold of you then they can charge all those attempts to visit you and your £40.00 parking charge becomes £876.01

 

hope that assists

[tonycee]

Hi Amy.

Try not to worry.

If you stay one step ahead, you should be ok.

Debt Basics - Bailiff Guide - know your rights

 

 

Certificated bailiff,uncertificated bailiff,bailiff fees,bailiff charges,illegal distress,Subject Access Request,Detailed Assessment,irregular distress,How to complain about a bailiff

 

Good Luck

[amyhope]

Hi thanks for replies, just realised I have to take back my last question and change it as I just found this which I had read before but forgot about.

 

For a visit to your home where no entry is made and a list of goods is not made (i.e. a levy is not made)

£24.50 for a first visit

£18.00 for a second visit

No further charges for further visits

 

For making a levy (i.e. where the bailiffs gain peaceful entry and make a list of goods)

£24.50 for the first £100 or less

4% for the next £400

2.5% for the next £1,500

 

For entering into a 'walking possession' agreement

Flat fee of £12

 

For a 'close possession' agreement (e.g. bailiff stays with the goods)

£15 per day

 

For one attendance with a vehicle with a view to recover goods after the levy has been made under this heading

Reasonable costs incurred

(N.B. only one charge can be made.)

 

For the removal and storage of goods

Reasonable costs incurred

 

For various items relating to sale or proposed sale of the goods (e.g. auctioneers' fees etc)

Various fees and expenses

 

But I'm still wondering about my understanding of the wording and the order they should do things this is probably the copy with the best explanations but have found some of the other sites I have been on word the charges differently (hence my question about an offical copy of charges).

 

I am right in understanding they must 'gain peaceful entry and make a list of goods' before they can charge for or remove any goods and if they arrive to make list but dont gain entry can they still charge for the fact that they tried. I am sorry if my questions seem stupid but I just want to make sure i have all my facts straight.

[tomtubby]

For the collection of council tax the rules are these:

 

The bailiff can make the charges that you have stated above. If they wish to visit 6 times....they can....BUT they can only charge for a maximum of 2 VISITS.

 

There ia a very well known legal case which made it clear that:

 

In order to charge a van fee for the collection of Council Tax the bailiff MUST first have "levied" upon goods which would have been included on a walking possession.

 

If you default on the payment agreement the bailiff may THEN return at a later stage and REMOVE those goods.....and only those goods, listed on the walking possession. At this visit he may then charge the van fee.....to remove those goods.

 

He cannot use the van fee as a threat....the intention to remove MUST be real.

 

In other words he MUST first have previously visiteed, levied upon goods and listed them on a walking possession.

 

There ia plenty of case law on this most important point.

 

ALL bailiffs know that this is the case.....but hope that you do not.

[amyhope]

Thank you Tomtubby,

 

that is exactly what I wanted to check I was right about.

 

It's just I want to ensure my facts are all straight before I start my complaints as a couple of years ago I had a magistrates court judge dismiss my claims of the bailiff charges being to high by telling me every one know bailiffs charges are high that's why no one likes dealing with them. I didn't have all the details then and I didn't realise just how wrong the charges where but it does put you off trying to complain when some one that official even tells you there's nothing to complain about.

[sequenci]

Have they gained access to the property?

 

You can write and request a full breakdown which they have to provide as they should be adhering to The National Standards for Enforcement Agents

[amyhope]

Hi Sequenci,

No they have not gained access I found out all about that when dealing with them a couple of years ago and have never allowed them access.

 

and yes I wrote to them requesting details of charges, payments, balance due and visits which they replied to and confirms all their wrongful charges.

[tonycee]

I hope you are going to claim them all back.

 

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/83236-claiming-back-baillifs-charges.html

[sequenci]

Hi Sequenci,

No they have not gained access I found out all about that when dealing with them a couple of years ago and have never allowed them access.

 

and yes I wrote to them requesting details of charges, payments, balance due and visits which they replied to and confirms all their wrongful charges.

 

Well all they can charge at this stage is £24.50 + £18.00

 

Nothing more.

 

You should write again asking which trade association they are a member of, you can then consider taking a complaint further.

[amyhope]

I must point out all my payments have been made direct to the council so I have never paid a penny of these charges so I have nothing to claim for but I would like my Council to realise telling me the 'Bailiffs can charge what they like' is wrong and would love to get them to review their training and knowledge of how they deal with arrears and how bailiffs are ment to deal with collecting the arrears for them not just be concerned with getting their money any way they can.

[tomtubby]

Any complaints must be made to the court that certificated the bailiff in the first place.

 

That is the County Court NOT Magistrates Court.

 

Before making a complaint....a Subject Access Request MUST be sent to request a full and detailed breakdown of the fees and charges.

[amyhope]

sorry didn't make it very clear the magistrates court was when council applied for Committal to prison hearing and the duty solicitor tried to point out I had been trying to pay but Bailiffs charges were taking all my payments which made it look like I had not tried to pay my Council Tax bill over the year.