bailiff Andrew James Enforcement CTAX debt at my door a few weeks ago

[tottys]

anyone know if the bailiff can charge van fees even if they dont remove goods it was a van fee for £225 and it said with a view to remove...

[Guest Happy Contrails]

No they cant.

[tottys]

so if i phone them can i get this removed or contest their charges???

[Guest Happy Contrails]

That wont work. Send this letter to both the council and the bailiff then follow it up by fileing a claim in the small claims track naming ONLY the council as the defendant.

 

Bailiffs/Council

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following a visit by your bailiff however there appears to an irregularity with his fees and I ask you to provide the following in writing within fourteen (14) days:

 

1) The name and address of the court that issued the certificate for the bailiff in charge

 

2) The amount of i) bailiffs fees, and ii) the original debt

 

3) Truthfully confirm the bailiffs fees comply with legislation

 

If you appear to be unable or unwilling to provide the above, I will automatically commence proceedings on that basis.

 

This letter is delivered by Royal Mail and a certificate of posting has been obtained. It is your responsibility this letter is handed to the relevant person in your organisation.

 

Yours Sincerely

 

YOUR NAME

 

No positive response then sign up to Money Claim online https://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jsp

 

In the Particulars of Claim

 

On [DATE] I was charged by a bailiff acting for the defendant the sum of £[AMOUNT] unpaid council tax plus fees of [£AMOUNT] and those fees are inconsistent with legislation. I have tried to seek a reasonable resolve with the defendant who is unwilling to settle the matter and their contractor has closed the case. I ask the defendant pay me the sum of £[AMOUNT] and statutory interest 8% from the date the money become due under Section 69 of the County Courts Act 1984 plus costs allowed by the court.

[tottys]

should i only do this once the debt is paid off as i have to phone the bailiff today to let them know that the council said that i have to pay £50 per week and arrange the payments???or can i put it in now..

[tottys]

hi all have just looked to see how much it would cost to hire out a 14ft van and it came in at £75 so the £225 that the bailiff charged me would this come under the unreasonable cat????

do i e mail the council with this or just leave it well alone as the council have helped me out by getting the payments reduced and stopped them coming to remove the goods as i dont want to rock the boat and end up in the same situation i was in...

thanks all for all the help and advice..

[hallowitch]

tottys who is your M.P.

[Guest Happy Contrails]

it would cost to hire out a 14ft van and it came in at £75 so the £225 that the bailiff charged me would this come under the unreasonable cat????.

 

You have a right to make a complaint for trying to charge £225. It is attempting to defraud and still commits an offence. You can file the complaint against a bailiff at any time, but you must reclaim overcharged fees from the Authoirty within 6 years from the date the unlawful charge was made. The law only provides reasonable costs for transporting goods in a van, no goods trasported in a van then reasonable costs = £0.00.

[tottys]

That wont work. Send this letter to both the council and the bailiff then follow it up by fileing a claim in the small claims track naming ONLY the council as the defendant.

 

 

 

No positive response then sign up to Money Claim online https://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jsp

 

In the Particulars of Claim

right have just finished writting this letter out twice (hands now hurting lol) so if isend this first and dont get the charge taken off for the van do i then file a claim in the small claims and how do i go about this???sorry if im being a pain...

[Guest Happy Contrails]

heres a link for those new to the small claims court: The Consumer Forums - The Small Claims Kit ? published by Lawpack

 

There more info on this forum, just have a look around or someone here can guide you through it.

[tottys]

i am having a similar prob regarding van fees i was charged £225 for a van which never came and told by the council that it was with a view to remove goods...

have been told that yes they can charge van fees only if a levy has been made and even if they do not remove goods which i always thought that they had to remove goods to charge for the van fee have been looking round but cant get a proper answer on this as a lot of peopls views are different where ever you go...if you find anything out that you think is right please let me know thanks

[tottys]

Council tax, no such fee is allowed.

 

Parking tickets regulations (The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993) provides for reasonable costs for bringing a van to an address with a view to transporting goods belonging to the debtor in it. If no goods belonging to the debtor are transported in the van or the van is owned by the bailiff or his firm and he has already charged the debtor a separate visit fee as prescribed elsewhere in the regulations then reasonable costs = £0.00. Operative word is costs, its not a fee.

apparently yes they can charge van fees for council tax i asked the council for a screenshot of the charges on my account and they said that £225 was for van fees with a intention of removing goods now surely if they went aloud to add them charges the council would know wouldn't they?????not saying you are wrong but am getting such mixed replies dont know if im coming or going with this one lol

[BSC]

the council tell as many porkies as the baliffs

[andie_303]

I'm not 100% sure but I thought they were allowed to charge a van fee but only if a walking posession and levy had been done previously - I believed these cannot be done on the same day as the attendance with a van. Also the charges have to be reasonable i.e. what it would cost you to hire the same van size from a rental company for the time they were at your premises.

 

I stand to be corrected though

[hallowitch]

The Distress for Rent Rules 1988i wonder if this apples to council tax as well as rent

[Guest Happy Contrails]

No it doesn't.

[hallowitch]

thanks for reply

 

I would think there has to be something that beaks down van charges will have to keep looking

[Guest Happy Contrails]

There is no regs IFAIK that prescribe costs for turning up with a van with a view to remove. As the law already provides for bailiffs to charge a fee for making the visit, there are no reasonable costs.

[tottys]

There is no regs IFAIK that prescribe costs for turning up with a van with a view to remove. As the law already provides for bailiffs to charge a fee for making the visit, there are no reasonable costs.

so does that mean that they can charge whatever they like????

[Guest Happy Contrails]

No. it means reasonable costs. Its not a fee and its not for financial gain.

 

If the bailiff makes a gain for himself or another then he commits fraud by charging a van fee where no goods are removed while charging a separate fee for making the visit.

[bailiffbasher69]

but does header c of the council tax administration and enforcement regulation provide for this

[Guest Happy Contrails]

It provides reasonable costs. These are not fees and not for bailiffs to make a financial gain.

 

It means if the bailiff can show it has cost him physical money to obtain a van and bring it to an address he can ask for costs. If the bailiff has already charged a fee to make a visit then there are no costs because he has made his money from the fees because he can turn up in a vehicle of his own choice. He cannot charge a fee if his choice is a van where the bailiff has no intention of transporting any goods (e.g. the property is locked up, empty, not available to the bailiff or the debtor does not live there).

 

This is my last post on this thread.

[tottys]

there was no fee added for the visit just the van which was supossed to come back at 5 o clock i sat round all day having panick attacks waiting and waiting for him but there was no show no phone call nothing for a few weeks then the letters started coming saying that they were on their way out....

[tottys]

happy contrils thanks for all your help and advice you are a star..

[tottys]

dont you have to sign that walking to??to give them the ability to break in not to sure on this though....

also i am sure i have read on net some where that the court has to give the bailiff permission to break in they dont issue it srtaight away think the bailiff has to go to the judge and seek permission not 100 % sure but will have a look now and let you know..