leter from bailiff re council tax

[bitmiffed]

help someone......can bailiff charge extra for paying by credit card... need help asap!

[scatz1972]

Hi

 

As far as I know "NO" they cant, im trying to find where I read it. I will be right back.

[Saffronflowers]

Pay the outstanding directly to the council and by pass the bailiff, he may hop and down about the charges but as he has not levied etc he can basically go hang. Yes the bailiff will charge extra for paying by a credit card, harsh but true, so get your dad to just pay it all to the council, remember the Liability Order only covers the outstanding the Council Tax not the bailiffs charges so they have no legal right to persue.

 

SFx

[scatz1972]

Hi

 

Im not quite sure how you link to previous thread so I hope im doing this okay, but the charge for using a card to bailiff was discussed here:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/158268-council-tax-bailiffs.html?highlight=credit

 

As you can see both Tomtubby and Heathliver refer to the judgment which stated that transaction fees for cards cannot be applied.

[tonycee]

1.The Bailiff or his firm and anyone trading in debt recovery must have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register.

 

 

 

2. Did you pay the bailiff using a credit or debit card?

If yes and yes then you have been defrauded by the bailiff and you can have your debt paid off at the bailiff’s expense – legally!

This only works on bailiffs collecting an artificial debt, such as parking tickets, council tax, wheel-clamping, c-charge, DVLA, child support agency, speed camera, TFL, and court fines in the last six years, or as directed by Section 2 of the Limitation Act 1980, This doesn’t work on consumer debts or private debt.

1. Phone your bank or card issuer and ask for a chargeback form. Don’t say anything to your bank at this time.

2. Wait until the bailiff has paid the money onto the instructing creditor and the case is closed.

3. Get a crime number, go to a police station and report that you have been defrauded by a bailiff under Section 15A(1) of the Theft Act 1968 (for offences before January 2007) or Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006. Take evidence including the bailiff’s receipt, printout of the relevant fee schedule and the law including Section 10 of the Distress for Rent Rules 1988. If the police fob you off with the - it’s a civil matter – excuse or say insufficient evidence or it doesn’t fit the criteria to be considered for criminal prosecution, then get the name of the officer and file a complaint of misfeasance with the IPCC.

4. On the chargeback form, enter the reason.

 

 

The merchant applied undue pressure on me to obtain this money transfer for himself or another and defrauded me the consumer in fees that are not prescribed in law and committed an offence under Section 15A(1) of the Theft Act 196, Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006 and the police have given a crime number of XXXXXXX and the merchant declined several opportunities to reach an amicable resolve in this matter.

 

Especially with debit cards, you must show the merchant bailiff has defrauded you. Overcharged fees are easy because they are prescribed in law and charging a non-prescribed fee - including a card fee is fraud. Enclose a copy of the bailiff’s receipt and the prescribed fee schedule.

[silly debt girl]

hi there im new to this i did let the baliffs take details of wot was in my home and made an arrangement to pay but since then we have had our home repossesed and didnt av any were to stay for 2mnths untill now but i couldnt make payments to them as we was trying to get a depositt for our new rented home but they dont have our new address should i inform them or not and is the levey they took of wot possetions we had still valid means thou its not the same address thats on there levey

any help would be gr8ful

[tonycee]

Hi silly debt girl.

 

Sorry about the delay in replying, im working the daftest of hours at the mo.

 

Firstly, is the liability order for the correct amount. The council will take you to court after 3 months, for the whole years tax. If you left early, then the amount owing needs to be altered.

 

Technically, yes, the levy is still valid, as its against your possessions, not your address.

 

I promise i wont tell them your new address if you dont.

 

Please start your own thread so we can advise further.

[tomtubby]

BIT MIFFED.

 

Hi everyone, my dad (who i work for) has had a letter from the council telling him to cancel the attatchment of earnings i had for council tax.. when i rang them it seems i was paying the above debt (last yr c/t) off this way! but because my dad was late making payments they cancelled it and sent it to bailiffs! i told the council that the bailiff was sending it back to them they said they wont take it back! i rang the wonderful bailiff he and told him this, he said that if i didnt pay them that it would look like i was willfully neglecting the arrears! i told him that im not as i am still paying the council, he was adamant i should pay them.... however my dad as now said he will pay the full amount, but council says i should pay the bailiff... what will happen when the account is paid, will they still come for their charges? oh! and my dad will be paying with a credit card, are they allowed to charge a handling fee?

You need to be very careful here.

The bailiff has attempted to charge you too much. In addition, there is NO PROVISION for him to charge fees for TWO Liability Orders. He can ONLY charge for one of the Liability Orders. We are constantly hearing of bailiffs doing this and it is NOT lawful.

 

He can charge a fee of £24.50 for "attending to levy (where no levy takes place) ie: you were not at home......OR he can charge a fee if he does levy. He CANNOT POSSIBLY CHARGE BOTH as otherwise he would be charging for somethig that he did not do....and something he did do !!!

 

In your case he did not levy and therefore he can only charge a visit fee of £24.50. That is it.

 

If you pay the bailiff, he is entitled to deduct his fees first before making the payment to the council. Therefore in this case I would suggest making the payment direct to the council to INCLUDE a charge of £24.50 and write to the bailiff co to explain why this has been done.

 

As for the credit card fee of 3%. ALL bailiffs companies charge this fee.......but ALL bailiff companies also know that this is strictly not allowed. A debit card fee of £1 is allowed.

 

The matter of the 3% credit card fee was the subject of a detailed assessment hearing against Marston Group a few months ago and the Judge made it VERY CLEAR to the company and it's legal representative that this figure CANNOT be charged.

[bitmiffed]

thanks everyone... i will try to pay the council direct... although the lady i was speaking to said they wouldnt accept payment, i cant understand this as i have paid some off this debt already and they said they couldnt refuse!... perhaps its because im paying the whole amount and therefore the bailiffs wont be able to take their charges!... Another question.. Once this debt has been paid can the bailiffs still come for their charges and can they keep adding more on for visits, letters etc... I wont pay them a penny now theyve tried to [problem] me, but just wondered what my rights are once the debt i payed.