Can they do this?

[Jebedy]

Hi there,

 

I need some advice from those in the know.

 

I recently paid council tax arrears directly to the council in full. A few days later I received a letter from a Bailiff company (Rundle and Co Ltd), which included added 'administrative costs' for the debt I had already paid.

 

I informed them the debt had already been paid in full, and I also contacted the council asking them to update the Bailiffs.

 

The Bailiffs now claim I must pay the sum of £42 in 'admin costs' for the letters which they sent to me (despite the fact I'd paid the debt in full prior to receiving any correspondence). This fee is not a call out cost; it is purely for sending out a letter.

 

Can a Bailiff legally charge for nothing more than sending a letter?

 

The amount they are charging seems totally unacceptable (it’s a week’s food bill for me). Can I dispute it, and what would be the best way to go about it?

 

Not only did I receive the first letter from the Bailiffs AFTER I paid the bill to the council, but the Bailiffs also misspelt my address on all their correspondence to me. Can I use this against them?

 

Any advice is much appreciated.

[Saffronflowers]

Have you paid the total amount outstanding and not just the arrears? I think that you must have but wanted to clarify.

 

Are the letters dated after the CT was paid in full - if so then no they cannot charge you for any letters. If not there are statutory sums that they are allowed to charge which are £26.50 for the first and £18.50 (if I have got that wrong someone will correct me!!!)

 

If a Liability Order has been issued against you then that only relates to the council tax charges not to the charges that Rundle have put on the account.

 

SFx

[Jebedy]

Thanks for your reply.

 

I have indeed paid the full amount, including the court costs for the Liability Order. There is no outstanding debt with the council, it's just this Bailiff fee.

 

I received one letter from them 2 working days after I paid the bill. It is dated the day prior to the day I paid the bill. Does that mean I technically have to pay it?

 

It seems ridiculous they can charge so much for sending a letter - is there anything I can do?

 

Thanks again.

[Markiemark1]

I would just speak to the Council. They will see you paid before the bailiff company do anything, and will no doubt cancel the bailiffs.

[Inteluk]

How did you pay the council as once a case is referred to the bailiffs they will not take payment unles you did it throught the web. The way to resolve is send a letter recorded delivery to the bailiff firm and keep a copy enclosing the amount you paid to the council. As the council are paid the issue is now betwee you and rundle and co. In most cases where this is used the bailiff firm have wrote and advised of the debt and the charge payer is aware that the bailiffs have the case and then decide to pay to the council. The bailiff firms see this happen a lot and if they can show they wrote to you before they paid it then you will find you are probebly best to pay this amount, because if they alocate it to a bailiff they will try to add on a levy and further fee's. My advise would be pay it with your credit card and then file a charge back through the merchant services indemnification insurance and let them handle it. hope you get sorted kind regards: inteluk

[roppa1975]

i would just ignore it, they wont chase you for a small amount, plus most baliffs know they charge to much for "fees" personally think they try thier luck. thats my opinion anyway. Ive recently won a long grueling argument with baliffs, they eventually got sick of the paper chase i sent them on gave the file back to the council

[chris600uk]

NO they can't:mad:The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

 

"Can a Bailiff legally charge for nothing more than sending a letter?"

No they can't, not if it's for council tax - they've actually got to turn up and then they've got to hold a valid certificate authorising them to work for that particular firm.

[chris600uk]

**Edit** Posted in wrong thread

[tomtubby]

Jebedy

 

You have paid the amount of the Liability Order BEFORE it was sent to the bailiff company.

 

In addition, the statutory fee scales DO NOT provide that a bailiff company can charge a letter fee. If the bailiff were enforcing a debt for unpaid council tax or an unpaid magistrates court fines the he can charge a letter fee.

 

In your case, no fee can be charged. In order to claim the right to charge a fee he would have to have paid a first visit which would attract a fee of £24.50. The bailiff does not appear to have made a visit and therefore the total sum due is NIL.

 

To date our office have seen hundreds of cases where a first AND second visit fee have been applied to an account BEFORE the bailiff has even paid a first visit. I am not saying that this has happened with this company but it is a slight co-incidence that this "admin" fee of £42 is remarkably similar to the charge for a first AND second visit which is £24.50 and £18. In other words: £42.50. !!!

 

I would write to the company to dispute this charge.If they wanted to recover their fee then they must take a civil action against you in the county court. I personally cannot see them bothering.

[JOSH_IOU]

You can claim it back

[Jebedy]

Thankyou very much for the information and advice. That's extremely helpful, and when money is tight, every penny counts.

[Jebedy]

I have an update, and would be grateful for some more advice.

 

Yesterday, Rundle and Co (the Bailiff Company) turned up at my house while I was out. They left a letter on my door, threatening to revisit and enter my property to seize goods, whether I am present or not.

 

The exact amount they are demanding is £42.50. They are basically trying to charge me the first and second call-out fee for sending out letters. As I mentioned in my first post, I paid the full council tax bill and the liability order costs before Rundle and Co were even involved (I hadn’t received a single letter from them at that stage).

 

I’ve written to the council explaining the situation, and informing them I will not have anything to do with Rundle and Co, and will not pay their unjust administration fees. The council have replied saying they will send me a written response in due course (whatever that means).

 

My question is whether Rundle and Co have the same rights (to call at my property, send threatening letters, and ultimately seize goods), when trying to extort these fees from me, as they would when acting on behalf of the council to retrieve unpaid council tax?

 

Surely they would be required to initiate a civil action (as advised by tomtubby above)? Is there anything I can quote them to reinforce that?

 

I’m sure they know they are in the wrong here, and are just trying to bully me into paying up, and any help as to how I might deal with this would be much appreciated.

 

Jebedy

[The Watcher]

My question is whether Rundle and Co have the same rights (to call at my property, send threatening letters, and ultimately seize goods), when trying to extort these fees from me, as they would when acting on behalf of the council to retrieve unpaid council tax?

 

Surely they would be required to initiate a civil action (as advised by tomtubby above)? Is there anything I can quote them to reinforce that?

 

Jebedy

 

No they don't ! In fact until the "debt" has been to Court - they don't have ANY rights at all !

 

Stick to your guns and they will go away (I doubt they would want the Court to enquire as to why they are claiming for "visits" made AFTER a debt has been settled entirely?)