Bailiff Fees on Ctax debt already paid to the council - helpqueries - help please :D

[pantone]

Hi there,

 

Could anyone advise me please?

 

I defaulted on Council Tax and it has ended in the hands of the bailiffs.

 

Due to advice l have learned in these forums I paid my council tax owed in full to the council offices early this week. (where the two women got reallly flustered at the payment desk, and I heard one say to the other - 'I'm going to get it in the neck for this!', before passing me on to a superior)

 

I now believe that the bailiffs have no enforceable rights (they are now only chasing their fees) - is this correct please?

 

I have read in numerous posts that Bailiffs are only allowed to charge for the first 2 letters. I have never interacted with the bailiff until today when I phoned and asked for a breakdown of charges.

 

The ensuing conversation has been recorded by me and went like this;

 

Basically he said that when the debt was passed to them it was a certain amount which i have worked out was the council tax owed plus 42.50! (this is the letters fee right?). He says now that i owe him £155 for his attendance and for when he brings the van!(is this in the future?!) I asked for the breakdown and he replied that that was basically it. I said 'so this is a standard fee?' He replied yes and that there was a £60 for his next visit but he was going to waive this as he didn't know whether I had been on holiday or something??!

 

Do I just owe the company the 2 standard letter fee of 42-50?

What about court costs - where do I pay them/what happens with this?:

I had an issue summons of £40 and liability order of £50 - are these within the 'standard fee' quoted by the bailiff?

 

Can I pay the bailiffs by cheque for the two letters ?- which I would prefer to do and send it to their main office rather than face the bailiff.

It says in print on his last letter he posted which was FINAL NOTICE -Cheques not accepted. I have until early next week to make a payment

 

Thanks in advance for any gems of wisdom xx

 

I await with great faith for a reply

[scatz1972]

Double check with the council that the account is definately clear, quite often the will pay the bailiff first before clearing the account, so it is very important that you check.

 

My opinon is that so long as the account is clear then the liability order that the bailiff was collecting under has now gone, so you owing them any money is a civil matter and can only be claimed through a small claims court. Which is very doubtful they would do.

 

Am I take from you post that the bailiff has never visited your property? If so then the amount a bailiff can charge is ziltch! The amount a bailiff can charge is set in a statutory fee scale.

 

There is no provision in the scale for charging fees for letters, phonecalls, handling a case etc etc

 

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006

 

First visit fee: £24.50 This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

 

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

 

Second visit fee: £18.00 Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

 

Levy Fee: Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc.

 

First £100 £24.50

Next £400 @ 4%

Remaining £100 @ 2.5%

 

Walking posession order £12

 

This is the link to the nationaldebtline website, the fees a bailiff can charge whilst collecting council tax are at the bottom of the page.

 

http://www.nationaldebtline.co.u k/england_wales/factsheet.php?page=02_bai liffs_and_council_tax

[scatz1972]

If they do argue with you, then write to them and ask them to send you a detailed breakdown of the fees that they have applied to your account, tell them that if you find any inconsistencies with The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006 fee scale then you will have no hesitation in making a Form 4 complaint against the bailiff you spoke to.

 

Lastly dont speak to them on the phone anymore, they will only tell you porkies and you will have no proof of the conversation.

 

SEND EVERYTHING IN WRITING, SEND IT RECORDED, KEEP A COPY and SEND A COPY TO YOUR LOCAL COUNCIL

[pantone]

Scatz - thanks so much for your prompt reply - much appreciated. I have just now called the council and my account is nil - I have asked for a letter confirming this (and also taped the conversation). Do you know anything about the court costs at all? Are they still in effect? I rang the courts who said that everything was with the council so I'm really at a loss as to where these monies stand. If you are as baffled as I could you suggest anywhere where I could go to find out?

 

Thanks again

 

*the bailiff has visited my property and posted letters. He has been 3 times further this week but i have never answered the door

[scatz1972]

The costs for the liability order would have been added to your council tax bill, which according to the council is now settled.

 

As for the bailiff costs, its really up to you, either ignore them or pay the £42.50 for the 1st and 2nd that they are entitled to charge, but they havent levied so no further charges can be added. A levy is when the bailiff makes a list of your goods.

[pantone]

That's fantastic - thank you sooo much x