Bailiff charges from Merton Council

[Munchkinreturns]

Hi

 

I recieved a Notice of Seizure of goods and inventory from Merton Bailiff for £1512. I phoned the council and have made an online payment for £1408. They keep trying to pass me to the bailiff. Reading your forums I followed the advice and did not contact the bailiffs. They posted one statement with a levy for a car that is not mine and the following charges. £250 enforcement fee and a £66 levy fee. The council told me that on my account I had a charge for the outstanding amount + 2x£95 per summons sent. ie they sent out two summons, I only received one in early July. I had called the council and explained my situation and made a payment of £350.

 

I just wanted to find out what charges I am liable to pay. I have been behind because I had lost my job and had difficulty paying. I received the notice on 24th of Oct so I would appreciate it if any one can advise me asap.

 

Munchkin

[spamheed]

The liability order is for a set amount, the bailiffs fees are not included in thqat liability order, they are only entitled to make charges which are set in statute, they are notorious for trying to claim for extra fees, attendance charges, stroking your pet dog charges and any other kind of charges they can think up. £250 for an "enforcement fee" whatever that may be is not set out in statute, this is a bailiff trying to squeeze you

 

If you have settled the entire liability to the council, write (don't phone) the bailiffs and request a written breakdown of the charges they have applied to your account. then complain to the council about the illegal activities (overcharging) of their agents, you can also complain to the court which issued the bailiff their licence

[Heathliver]

If you read other posts about Merton Council, you will see that the Bailiffs are actually in house and work directly for the council as opposed to normal posts where the bailiffs are third parties.

[chris600uk]

I recieved a Notice of Seizure of goods and inventory from Merton Bailiff for £1512.

 

For that, provided the bailiff has a certificate and they can provide evidence of his visit - you owe them £24.50

 

They posted one statement with a levy for a car that is not mine and the following charges. £250 enforcement fee and a £66 levy fee.

 

For the illegal levy, you owe them nothing, but you must make a statutory declaration.

 

 

The council told me that on my account I had a charge for the outstanding amount + 2x£95 per summons sent. ie they sent out two summons

 

If they only sent a letter, there is no charge.

 

 

I recieved a Notice of Seizure of goods and inventory from Merton Bailiff for £1512. I phoned the council and have made an online payment for £1408.

 

in early July. I had called the council and explained my situation and made a payment of £350.

 

So it seems to me that altogether you have paid £1758 for a liability order of what? How much was the liability order for?

You can't work anything out until you know that and you are legally entitled to that information.

 

Just ring up and ask how much it's for - don't get into any other conversation, keep it business like but pleasant - polite but firm.

[Munchkinreturns]

Thank you so much. I have written to council and bailiffs and requested a breakdown of charges. I have heard nothing further.

[Guest BURP]

If you hear nothing from the bailiffs about their charges then turn up the heat.

 

Merton Bailiffs Services

Corporate Services

Civic Centre

London Road

Morden

SM4 5DX

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Opportunity to refund and compensate for fee error

 

I write following visits by your bailiff, however there appears to be an irregularity with your fees and I ask you to provide the following within fourteen (14) days:

 

a) The name of the certificating court and certificate number for the bailiff in charge

 

b) Written confirmation of your fees and charges

 

c) Truthfully confirm in writing they are lawful according to prescribed legislation

 

d) The name and address of the person or body you act for

 

If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME