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

[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

[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.