bristow and sutor urgent

[kermit2482]

If your case IS on hold then bailifff should not be attending anyway!!!!

[WWOW]

1. Give a list of all fee amounts and descriptions as given by the bailiff

2. Who is the debtor

3. How much council tax is due - if any

[postggj]

i can confirm on hold, not worried on that, will get brother to give council a call in the morning for an explanation

 

my point being is the fees these people try to con out of you

like i said no walk in or levy has occured

i take it he cant rack up the fees untill levy has been made

 

the debtor is my brother

 

please confirm

[kermit2482]

i can confirm on hold, not worried on that, will get brother to give council a call in the morning for an explanation

 

my point being is the fees these people try to con out of you

like i said no walk in or levy has occured

i take it he cant rack up the fees untill levy has been made

 

please confirm

 

This is what a bailiff can charge,

 

1st visit £24.50

 

2nd visit £18.00

 

A levy fee is a percentage of the debt so this depends on how much the debt is, lets give an example here,

 

If a bailiff has come to your house twice and then you allow them to levy on lets say a £100 debt the bailiff fees would be £42.50 and the levy fee would be £24.50 giving a total of bailiff fees £67.00. I hope this answers your question, sorry i forgot £12 walkin pocession fee, total fees £81.00

[postggj]

i believe the council debt is 1300

for an insight the bills should have been paid by his wife

he is only just finding out about these things

just had the house stopped from being repo, again he only found out last week as mortage was not being paid

i paid the arrears my self so money is now tight

every thing is happening all at once and he has been totally in the dark

[tomtubby]

I would most certainly write a letter to object at this "phantom" levy .

 

Hopefully the bailiff company concerned will agree that an error has been made and will respond in the same way that Equita Ltd have responded to a client as detailed below. This letter was received this morning.

 

 

 

Dear xxxx

 

Re: Magistrates Liability Order dated 8/1/08

 

I write further to my email of 18th July 2008, and confirm that a check against the vehicle previously levied upon by our bailiff has revealed that it is not owned by you, as initially believed.

 

Given this new information, I have removed all outstanding bailiff fees, and confirm that the case is now showing as cleared.

 

I trust you find this in order, and apologise for any inconvenience caused.

 

Yours sincerely

 

 

 

Mrs K Fowler

Equita Ltd

[kermit2482]

I would most certainly write a letter to object at this "phantom" levy .

 

Hopefully the bailiff company concerned will agree that an error has been made and will respond in the same way that Equita Ltd have responded to a client as detailed below. This letter was received this morning.

 

 

 

Dear xxxx

 

Re: Magistrates Liability Order dated 8/1/08

 

I write further to my email of 18th July 2008, and confirm that a check against the vehicle previously levied upon by our bailiff has revealed that it is not owned by you, as initially believed.

 

Given this new information, I have removed all outstanding bailiff fees, and confirm that the case is now showing as cleared.

 

I trust you find this in order, and apologise for any inconvenience caused.

 

Yours sincerely

 

 

 

Mrs K Fowler

Equita Ltd

 

Way to go lets hope you get the same result

[classylady18]

Hi

 

I'm not sure if this will help, but i had dealings with this awful 'company' for my Council Tax arrears. I too had those letters left at my address, when i conatcted the bailiffs to ask for the breakdown in their fees, they said " pay up and we will send you the breakdown" i was very upset as i only owed £220 and was being asked to repay £928! They threaten to bring a van round and take my things etc etc

 

After numerous calls and lots of repeating myself to my local council in Telford and explaining to them that the amount B&S were asking for was over £700 more than the original amount and also clarifying what i actually owed to the council i managed to get them to agree to me paying them the full £220 to the council. Thet were shocked at the amount they were trying to get from me and said they would be making a note of this case. They then contacted B&S and told them to withdraw any action against me.

 

It might be worth speaking to a manager at your local council tax office?

 

I hope this helps and best of luck,

 

Classylady18

[kermit2482]

A bailiffs fees should never be more than the actuall debt owed to the council anyway, THIS IS OBSURD imo :o

[WWOW]

the baliff posted a letter through the door yesterday, brother not at home and for first visit charged £80, not £24.50

 

This is what a bailiff can charge,

 

1st visit £24.50

 

2nd visit £18.00

 

 

That’s good enough, you can make lots of noise with that and potentially make a few quid in it for yourself. Classylady18, you can do the same.

 

Start by writing to the bailiff asking for a refund: Tweak as required

 

Name of Bailiffs

Address 1

Address 2

Address 3

Address 4

 

Dear Sir/Madam

 

Re: YOUR NAME + ANY REF: Refund of Fees £0.00

 

I have now had an opportunity to seek advice and I now understand I am entitled to a refund of £[AMOUNT] and I require you to deliver to me at the above address that refund within seven days from the date of this letter.

 

On [DATE] the bailiff charged me £80 for a visit fee when the law only provides a fee of £24.50 to be charged for this purpose.

 

For the avoidance of doubt, that in your failure to furnish me with my refund within seven days, I will automatically file a Form 4 official complaint against the bailiff at his certificating court on the grounds of abusing his position of trust and defrauding me with fees and charges that are not prescribed in law. If you wish to start an 'investigation' of your own, please be advised that in the absence of a refund this doesn't delay proceedings or filing a criminal complaint with a police authority under the Fraud Act 2006.

 

This document has been delivered to you by Royal Mail and I deem it good service on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978. It is therefore your responsibility and in your best interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours Truly

 

 

YOUR NAME

 

If you don’t get a positive result from the bailiff, complete a Form 4 and file a complaint against the bailiff asking for a refund and compensation. http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

In the Details of Complaint – Tweak as required.

 

On [DATE] I was visited by the bailiff collecting unpaid council tax. He demanded £[AMOUNT] of which his fees were £[AMOUNT]. He also said he would charge me more fees if I failed to pay his existing fees according to an unreasonable short deadline (fee extortion).

 

The bailiff enforced the debt without having applied for a Liability order and I understand this contradicts Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 and commits an offence under Section 4 of the Fraud Act 2006.

 

I have tried to reach an amicable resolve with the bailiff and his firm but they have become defensive and vexatious in nature.

 

I ask that I am compensated the sum of £[AMOUNT PAID TO BAILIFF] I have paid to the bailiff plus reasonable costs allowed by the court for seeking discovery of information and bringing this matter to court

Send the form to the certificating court along with a covering letter asking for it to be placed before a judge.

 

The council is liable for its bailiffs, ask the council for a refund and compensation for receiving their bailiff defrauding you with bogus fees.

 

Name of Council

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: YOUR NAME & ANY REF: Visit by your bailiff on [DATE] Formal Complaint Stage 1

 

I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs. I therefore ask you to deliver to me at the above address a full refund of your bailiff’s fees of £[AMOUNT] within seven days from the date of this letter plus reasonable compensation for discovery of information and compensation for being defrauded by your agents.

 

There is no entitlement for your bailiff to charge £80 for a 1st visit fee when the law namely Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 only provides for bailiffs to charge a fee of £24.50. I understand this commits an offence under Section 2 and 4 of the Fraud Act 2006.

 

For the avoidance of doubt, that in your failure to furnish me with a refund within seven days, I will automatically file a claim at court which may invariably involve an application for costs. I'll inform the Local Government Ombudsman that the council has bailiff contractors working under their instruction engaging in criminal activity by defrauding members of the public. If you wish to start an investigation of your own, please be advised that in the absence of a refund this doesn't delay proceedings or filing a criminal complaint with a police authority.

 

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978, therefore it is your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours Truly

 

 

[YOUR NAME]

 

Unless the council pays you, quickly file a claim for £5000 in the small claims track. https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

In the Particulars of Claim:

 

On [DATE] the defendant ordered bailiffs to recover an unpaid council tax and over charged me with fees that contradict the law prescribing bailiffs for this type of debt namely Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. I asked the council for a refund and pay me reasonable compensation, but they failed to do so and became defensive and vexatious in nature. This required me to make further enquiries and seek discovery of information which incurred more expenses I would not otherwise needed. I ask the defendant do pay me the sum of £5000 including bogus fees, seeking discovery of information and compensation for being defrauded by a bailiff plus costs and statutory interest allowed by the court.

 

 

A bailiff defrauding you with fees in this way commits a criminal offence. Ask police to address the criminal element of this matter. Print a hard-copy of Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 from http://www.england-legislation.hmso.gov.uk/si/si1992/Uksi_19920613_en_14.htm and make a copy of the bailiff’s receipt showing the fees charged, and send them with the following letter to your local police station. Tweak as needed

 

To whom it may concern

Name of Police Station

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Report of offences under Sections 2 and 4 of the Fraud Act 2006

 

I was visited on [DATE] by [NAME OF BAILIFF(S)] who I understand might be a bailiff from [NAME OF FIRM] collecting an unpaid Council tax.

 

I was charged [£AMOUNT] as bailiff fees and I understand this contradicts the law prescribing statutory bailiffs fees for collecting this type of debt, namely Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992.

 

I tried to seek a sensible resolve with the bailiff but they became generally uncooperative and showed defensive and vexatious behaviour. They continued to demand money with threats of fee extortion, and I understand defrauding me in this way commits an offence under Sections 2 and 4 of the Fraud Act 2006.

 

To enable police to perform a thorough and objective criminal investigation, I enclose the following:

 

1. A copy of the prescribed fees for bailiffs collecting this type of debt as published by the Office of Public Sector Information.

 

2. A document left by the bailiff confirming over-charged fees contradicting the above legislation.

 

I understand the correct fees should have been [£AMOUNT]. I am happy to stand as a prosecution witness and provide a statement for the proceedings and you can contact me on [PHONE NUMBER] to arrange this. Meanwhile, please provide me with a crime reference number.

 

I do ask that any personal feelings on prosecuting a certificated bailiff for fraud must not cloud anyone’s judgment in this matter.

 

Yours Faithfully

 

 

 

[YOUR NAME]

 

The police can be a bit funny with crimes like this. They may try to fob you off with excuses. Write down the police officers name & rank and quickly escalate your complaint to the Independent Police Complaints Commission. http://www.ipcc.gov.uk/index/contact-us.htm.

 

Independent Police Complaints Commission

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Complaint against Police Officer(s) [NAME AND RANK]

 

I enclose a copy of a letter and enclosures sent to [NAME OF STATION] police reporting offenses under the Fraud Act 2006.

 

The police responded saying they are unable to perform a criminal investigation and say [it does not fit the criteria for the CPS to prosecute / there is insufficient evidence / the law doesn’t apply to bailiffs / it’s a civil matter / OTHER REASON]. I now understand the responding police officer [NAME & RANK] has made a factual error in their interpretation of the law and may be deliberately trying to misinterpret the law so to avoid making a criminal investigation.

 

I place this complaint before the IPCC understanding the officer may be professionally incompetent, and their failure to report a crime where sufficient evidence is available may be guilty under common law of Perverting the Course of Justice and Assisting an Offender contrary to Section 4 of the Criminal Law Act 1967.

 

I respectfully ask this matter is investigated by police objectively and professionally, and a full and thorough report is passed to the CPS without further delay.

 

Yours Faithfully

 

 

YOUR NAME

 

If you still get nowhere with police then send all the two letters & enclosures to your MP. Ask why the police are protecting a bailiff after committing criminal offences in the course of his employ.

[postggj]

wow

 

wow many thanks

[postggj]

just an update

my brother sent in the S.A.R - (Subject Access Request), forty days are just about up now.

just received a letter from the council saying they want him to send in id.

passport etc.

in reply i told him to say that they have allways considered hiss address the norm for sending correspondents etc and that he will not be sending them in.

however he will if asked go to the council with the id for inspection but no copies made.

after all this time it appears to be a delaying tactic, but clock still ticking.

me thinks either they have something they dont want to show him or prob they have no info.

this goes back 10 years so all account info prob has been deleated by now.

am i correct in thinking that if they dont have the financial records to back up the supposed liability order, then they are history

 

many thanks

[postggj]

update

 

bristow and sutor have just put another threatogram through the door

this is a levy order

 

if you want a laugh this time in the morning, hear it is

 

1 petrol strimmer

2 garden ornaments

a green vauxhall astra

no idea on that one

 

come on get real

 

this is what concearns me

he is self employed

on the drive way was a trailer, which they have also levid

it is listed in his ltd companies assets, so not in his name

can they levy on it

they say they are returning on the 17/09/08

is it legal for him to hide the trailer at my address

 

in his garage which is locked, he has a motor bike, no windows in the garage, can they break open the lock

 

i think they are getting quite desperate as he has never made contact with them, so they cant jack up there fees

 

sugestions please

 

only have three days

 

telling them the trailer is a company assett, will alert them to his company, so very hush hush

[postggj]

is tom tubby about

[postggj]

ok people

i feel this has gone on long enough

ime helping my brother on this one

to update

 

sar sent to council july

after deadline expired council wrote back saying they need id and the forty days would start again

in original sar it was stated if id was required, would bring to council to confirm.

council never acknowledged sar but got a copy date stamped.

council said it was given to legal dept, not data protection officer

 

this run around has been going on for three months

my opinion is that they dont have a copy of the liability order

if this is the case, what action can be taken out against the council

ref baliffs, etc

 

i intend to tell him to go for the throat, but

cant do any thing until confirmation on the liability order

thats what the sar was for, when he does get it from the council

[Topsy27]

Sorry Postggj, can't help...but I love the levied items!

[Fair-Parking]

The police don't need id for an S.A.R - (Subject Access Request).

 

If the council can send a bailiff to your address without checking your id first, then they can deal with a request from that address on the same basis.

 

Legislation enables you to take this matter further if you feel that the council is being uncooperative. The Freedom Of Information Act is unqiue in that it contains a reference to the 'spirit of this Act', thus your council is legally bound to comply with the spirit of the law and not to find ever more obtuse reasons for avoiding it's responsibilities under it.