can anyone hep me with rundle and co

[Thegreenpimpernel]

AAARRRRGGGHHH!!

 

Sorry sav. Didn't spot that.

 

I'll have another look after tea! (unless someone beats me to it)

[saviour1263]

its my fault i should of said

[saviour1263]

council tax ......................... .................£138.00

levy fee...................... ......................... £32.00

Attendance to attempt to levy distress .....£42.50

attendance removal.................. .............£160.00

 

 

total.................... ....£372.50

 

ok this is the amount that he charged in total for 2009/10 council tax i know i have to pay the £138.00 ,but after that im useless and dont know how much to ask for .

[saviour1263]

ok i have just recieved this letter from my mp .

 

Dear Mr XXXXXXX

I have raised the case of the bailiff payment and your treatment with Crawley Borough Council.

 

In response they have asked if you want to pursue a formal complaint. Please let me know so I can instruct them how you wish to proceed.

 

Yours sincerely

 

Henry Smith MP

Crawley

 

any idea what i do now

[saviour1263]

i sent the mp a letter saying that i want to make a formal complaint is this right

[saviour1263]

i recieved this today from the bailiff.

Thank you for your further correspondence, the contents of which has been duly noted

I can advise that the levy fee is correct and has been calculated in accordance with current legislation using the below calculation with an original debt figure of £278 (original debt was £138.00)

 

First £100 – £24.50

 

Next £400 – 4%

 

Next £1500 – 2.5%

 

Next £8000 1%

Once again, I would reiterate that the waiting charged is correct and justified and has been calculated in accordance with current legislation. This fee is applicable when a bailiff is in attendance in excess of 1 hour and is therefore justified in this instance as Mr XXX was present at your property for approx 1 hour and 45 minutes

 

I would re-iterate our previous offer that are willing to refund fees totalling £42.50 in full and final settlement of this matter. I would respectfully request that you indicate your acceptance of this offer within the next 7 days, upon which we will issue a company cheque to this value

Allow me to take this opportunity to apologise for any distress or inconvenience that these events may have caused you and I sincerely hope that the actions that we have now taken will bring these matters to a close; should you require any further assistance however, please do not hesitate to contact me in writing at the address provided below.

 

regards

xxxxxxxxxx

Edited May 28, 2010 by saviour1263

[hallowitch]

levy fee...................... ......................... £32.00

 

attendance removal.................. .............£160.00

 

can you tell me if both these fees were charged on the same day

 

current legislation. This fee is applicable when a bailiff is in attendance in excess of 1 hour and is therefore justified in this instance as Mr Vincent was present at your property for approx 1 hour and 45 minutes

Ask them to provide you with proof that The council tax (administration and enforcement )regulations 1992(amended)

Regulation 45 SCHEDULE 5 CHARGES CONNECTED WITH DISTRESS

allows for this charge

[saviour1263]

yes all the figures to the value of £372.50 were charged and paid on the same day.

[hallowitch]

well a van fee must follow a levy fee not to be charged on the same day

 

C For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred.

(where, following the levy, goods are not removed):

another question the bailiffs say its £278

you say its £138 have you had the amount of the liability order confirmed by the council

 

have you received a proper breakdown of charges for this if you can post them up with dates it would be helpful

[saviour1263]

no proper breakdown but even the bailiff said at the time it was £138.00

[saviour1263]

Dear Mr XXXXX

]In light of your continued dispute, without prejudice, and in full and final settlement of this matter, we are willing to offer refund of fees totalling £128.52, which reflects the difference in the levy fee based on the original debt figure and the figure following a direct payment made to our client , the first and second visit fees and the waiting fee. However, I would point out that the waiting fee is agreed with our client in our service level agreement. This offer will remain valid for 7 days only and therefore I would respectfully request you indicate your acceptance by return

 

In regards to your dispute over the attendance fee charged, I would advise that this is calculated in accordance with

the authority of The Council Tax (Administration & Enforcement) (Amendment)(England) Regulations 2003 under reasonable costs and charges and reflect the costs incurred for the use of a vehicle by the bailiff in a view to the seizure of goods, where no goods are removed. This fee is not dependant of the type of vehicle used providing it is suitable for the purpose of the attendance i.e theseizure of household goods. Therefore this fee is correct, legal and justifiedI sincerely hope that this will conclude the matter satisfactorily and await your response

 

Regards

[saviour1263]

they must be waiting by theie computer i only just sent a email saying 200 or nothing

[hallowitch]

phone the council and ask how much the amount of the liability order passed to the bailiff company and the date it was passed

 

they are talking crap neither the council or the bailiff company can set fees for council tax regardless of what is agreed with our client in our service level agreement.

[saviour1263]

ok done

Edited May 28, 2010 by saviour1263

[saviour1263]

what the hell has happened to my council tax account its all mixed up and confusing .

[hallowitch]

first thing to do is remove all info on your post 139

before the bailiff company read it

[hallowitch]

this bothers me did you ever get the van fee back for this as it should not have been charged

 

and as i understand it from my new book they can only charge the walking possession fee if the debtor signs it it doesn't invalidate the levy but the WP fee cant be charged

this is not a done deal as far as wp fee goes will have to delve deeper into this

 

 

30/01/2008 levy fee £51.00

30/01/2008 walking possession £12.00

30/01/2008 attendance /van £90.00

30/01/2008 waiting £60.00

[saviour1263]

can i do anything about 2008 i thought it was too late ,i also paid that off by debit card in one go .

Edited May 28, 2010 by saviour1263

[hallowitch]

don't accept anything till you read the PM i am about to send you in 5 minutes Ive just had a thought:rolleyes:

[hallowitch]

PM sent

[ploddertom]

And?

 

PT

[ploddertom]

If you have past Liability Orders collected on by Bailiffs you have 6 years from the last payment made to them to collect on any overcharged fees. If you therefore have more than one account with the same firm of Bailiffs I would suggest a Subject Access Request to them instead as a first course of action.

 

If you have them bang to rights then don't mess around serve them with an N1 naming Bailiffs & Council as Co-Defendants. Stand back and light blue touch paper.

 

PT

[saviour1263]

cool i will sort it out with a sar on tuesday

[saviour1263]

Dear Mr xxxxxxx

 

Thank you for your e-mail indicating your acceptance of our offer. I can confirm

that a company cheque will be issued for the amount of £150 in full and final

settlement of this matter. I would once again respectfully request written

confirmation of the cessation of any pending legal action against Rundle & Co

Ltd or Mr bailiff person by return.

 

Yours sincerely

 

XXXXXXX

 

XXXX XXXXXXXX

Customer Services Department

[hallowitch]

laptop please don't crash

 

attendance removal.................. .............£160.00

 

30/01/2008 walking possession £12.00

30/01/2008 attendance /van £90.00

30/01/2008 waiting £60.00

in my opinion they owe you this and i would question the levy fee from 2008 as they should not have levied your goods on the day you made payment

he certainly didn't take walking possession of for goods as your debt was paid before he left the premises

councils/ bailiffs don't decide what a bailiff can charge a fee for government decides what a bailiff can charge for and there is no legislation for a waiting fee regardless of what the the bailiff company say