Another one of my mums problems

[Mrsmancmonkey]

The bank bounced one of her cheques in error to her Bailiff and now they are refusing to take a cheque from her and have said that they will only take card payment and it will cost 4% a time to do this.

 

Can they do this?

 

thanks

[WWOW]

Strictly speaking – no they can't. But they always do – and it's fraud if you interpret Sections 2 & 4 of the Fraud Act 2006 literally.

 

Bailiffs will always charge a credit card processing fee because they are charged by their card service provider & the bailiff is passing it on to you.

 

Never get into an argument with a bailiff. Pay by credit card, then wait until the bailiff pays the debt onto the creditor. then contact your credit cared company and claim breach of contract. Execute a chargeback under Section 75 of the Consumer Credit Act 1975 on the grounds the bailiff has charged you a fee that is not prescribed in law – (defrauded you, the consumer by abuse of position and making a false represtation to obtain a money transfer).

 

If this is unpaid council tax, the law that prescribes bailiffs fees is Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. If bailiff charges you anything above those amounts the he has made a breach of contract and committed fraud.

 

The result: You get your money back 100% from your credit car dcompany, plus your debt is paid off at the bailiff’s expense & its 100% legal (for you). You get the last laugh!

[Mrsmancmonkey]

The only thing is its a card payment direct from her bank would this be the same?

 

Also it is to do with Council Tax so do you know what the amounts are which are breach of contract?

 

Thanks

[Mrsmancmonkey]

bump

[tonycee]

A few more details would help.

 

Liability order ? ( Amount owed )

Have they been in the house ?

Have you signed anything ?

How did you come to an arrangement ?

[Mrsmancmonkey]

Hi Tony

 

The amount owed was £3,000, and yes they came into the house as they originally told her they were from the Council as soon as she realised who they were she kicked them out and didnt sign anything, but they posted through the door a walking order. She sent a letter which I got off here which they told her so didnt mean jack poop and then they came back a couple of weeks later and sat outside for around 2 hours, she then agreed that if she paid a small amount a month that he would go away.... she then paid this to the bloke the following day and then he turned round and then said no sorry its £140 a month. I asked why she didnt get it in writing before handing over the money but she was that distruat at the whole experience that she forgot to get one.

[Mrsmancmonkey]

bump

[Mrsmancmonkey]

Bump, can anyone help re the above.... pretty please.

[WWOW]

Keeksta1976, its not clear what you want to do. How much fees have you been charged & do you have documentary evidence? How much (by exact count) council tax is owing. Did you sign anyting y/n and did they actually go inside your home y/n. Your debt or your mum's debt? (name on LO).

 

A debit card transaction is not regulated by the Consumer Credit Act 1974 and thus, not eligble for a refund under Section 75 of the Act.

[Mrsmancmonkey]

Hi WWOW

 

Thanks so much for coming back to me, my original question was can they charge my mother 4% each time they take a card payment. With which you had mentioned

 

If this is unpaid council tax, the law that prescribes bailiffs fees is Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. If bailiff charges you anything above those amounts the he has made a breach of contract and committed fraud.

 

The result: You get your money back 100% from your credit car dcompany, plus your debt is paid off at the bailiff’s expense & its 100% legal (for you). You get the last laugh!

 

I really didnt understand what you meant so thats why I'd asked

 

its a card payment direct from her bank would this be the same?

 

Also it is to do with Council Tax so do you know what the amounts are which are breach of contract?

 

You've just answered this question for me in todays response so that has cleared that up

 

In response to your other questions, the amount owed is £3,000, the fees and charges I do not know without speaking to my mother but yes she has all paperwork from them, but no she has never signed anything.

 

With todays answer are you saying then its basicaly tough she has to pay 4% each time she pays by card??

 

PS What is a LO??

[WWOW]

LO is a Liability Order.

 

Who is charging 4% for a debit card? the council or the bailiff?

 

Bailiffs cannot charge this fee because it hasn't been prescibed. If its the Council then you can ask the Local Government Ombudsman for a refund because the council cant account for it as an actual physical loss for accepting a debit card payment. Its usually £1 per transaction regardless of the amount. I'm going by your earlier comment the money comes direct from a bank account and this is not a credit card.

 

If you are paying a bailiff then use a credit card, he'll charge you a credit card processing fee and that's a breach of contract. You can claim it all back after the bailiff has paid the council.