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

[seanamarts]

I doubt any bailiff knows standard regulations with regards to enforcement, they only know what they have been taught in a classroom.

[str8talkinbailiff]

Yes hallowitch I see your point but tell me this. How do Philips charge £200+vat for a visit for a certain LA or JBW charge £200=vat for a different LA when as you stae the fee's are all set the same. You lot who think £11.20 is the price of an enforcement visit give your heads a shake.

Its all sorted between the client and the bailiff company. If Im not mistaken as its not my side of the business, but Im sure it has to be passed by the courts too.

This is why I say you all give conflicting info as if every case is the same.

By the the way just to clear this matter up about you cant do this and you cant do that reguards power of entry. As I stated a bailiff does have power to force entry on a property without a signed walking possesion depending on the case.

[Leakie]

Well Str8talkingbailiff

 

May be you can enlighten us where most of the people on this forum are wrong

I'm sure they are not!!!

[Tingy]

Yes hallowitch I see your point but tell me this. How do Philips charge £200+vat for a visit for a certain LA or JBW charge £200=vat for a different LA when as you stae the fee's are all set the same. You lot who think £11.20 is the price of an enforcement visit give your heads a shake.

Its all sorted between the client and the bailiff company. If Im not mistaken as its not my side of the business, but Im sure it has to be passed by the courts too.

This is why I say you all give conflicting info as if every case is the same.

By the the way just to clear this matter up about you cant do this and you cant do that reguards power of entry. As I stated a bailiff does have power to force entry on a property without a signed walking possesion depending on the case.

 

Another load of rubbish spouting from the mouth of our so called professional. SB if you can't even get things accurate on here, heaven only help your clients. Posting on here you've got access to all the books you studied to become a bailiff and know the law so well. MOST of the fees are set down in law for bailiffs visits. If you want to know what they are, here they are:

 

Council Tax

 

Fees

 

For each liability order where no levy is made, £24.50 for the first or only visit and £18 for a second visit can be charged. Despite any further visits, the bailiff is only permitted to charge a maximum of 2 separate visits.

 

For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable):

 

£24.50 for the first £100

For the next £400 - 4%

For the next £1,500 - 2.5%

For the next £8,000 - 1%

For any additional sums - 0.25 %

 

Charges

 

Walking possession------------------------------ £12.00

Attendance with vehicle/removal/storage ---------Reasonable costs and fees incurred.

Valuation --------------------------------------- Reasonable costs, but no charge can be made unless the debtor has been advised of the charge and the manner of its calculation, beforehand.

Sale --------------------------------------------Reasonable costs and fees incurred.

Where sale does not take place ------------------£20 or actual costs up to 5% of the amount of the liability order (whichever the larger sum).

 

As regards Council Tax it is not all sorted between the bailiff and the client. Bailiffs do VERY OCCASIONALLY have the right to force entry, but it is used, as you are, as a threat as though it is normal procedure. It is not. It is rare. For Council Tax which is what this was about originally, bailiffs have no right of entry whatsoever UNLESS peaceful entry has been made first. It is the twisting of words, or as the politicians would say, the spin you place on things that shows your true colours. Rare events cited as though you can do it anytime when you know you cannot! And yes, I know you put depending on the case, but you did not put it is very rare.

 

To be honest, if you cannot even get it right here where you presumably have access to your fee sheets and guides to the relevant laws, there's no wonder we're so sceptical. The list below may help you do your job somewhat better. THIS is a list of what you are entitled to charge, so at least now there is one bailiff with NO EXCUSE for getting things wrong.

 

Finally can I just make an observation - if your command of English language is similar to that of your mathematics, there's no wonder the fees appear made up. You can't spell, so maybe you can't add up either!

 

Please read and feel free to print these off to carry with you in your job to ensure accuracy.

 

County Court Judgments

 

Fees

Where the sum of money to be recovered is £125 or less £25.

Where the sum of money to be recovered is more than £125 £45.

This fee covers all visits made by bailiffs.

 

Charges

Transport of removed goods------------ The reasonable expenses incurred.

Storage of removed goods-------------- Reasonable costs.

Valuation-------------------------------Reasonable costs of an independent person. If a bailiff values the goods, there is a charge of 5% of the value of the goods.

Sale----------------------------------- 15% of the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances.

 

Council Tax

 

Fees

 

For each liability order where no levy is made, £24.50 for the first or only visit and £18 for a second visit can be charged. Despite any further visits, the bailiff is only permitted to charge a maximum of 2 separate visits.

 

For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable):

 

£24.50 for the first £100

For the next £400 - 4%

For the next £1,500 - 2.5%

For the next £8,000 - 1%

For any additional sums - 0.25 %

 

Charges

 

Walking possession------------------------------ £12.00

Attendance with vehicle/removal/storage ---------Reasonable costs and fees incurred.

Valuation --------------------------------------- Reasonable costs, but no charge can be made unless the debtor has been advised of the charge and the manner of its calculation, beforehand.

Sale --------------------------------------------Reasonable costs and fees incurred.

Where sale does not take place ------------------£20 or actual costs up to 5% of the amount of the liability order (whichever the larger sum).

 

Child Support Agency

 

Fees

 

For preparing and sending a letter advising the client that a warrant is with bailiff and requesting the sum due -------------------------------------£10

 

For levying distress where the sum due is not more than £100 -£12.50

 

Where the sum demanded and due exceeds £100:

 

(i) on the first £100 12.5%

(ii) for the next £400 of arrears 4%

(iii) for the next £1,500 of arrears 2.5%

(iv) for the next £8,000 of arrears 1%

(v) for any additional sum 0.25%

 

Charges

 

Walking possession ------------------10p per day

Removal and storage ---------------- Reasonable costs and fees incurred.

Valuation --------------------------- Reasonable fees and expenses of the broker appraising. Valuation requests must be in writing by the liable person.

Sale -------------------------------- Reasonable costs and fees incurred.

 

(i) where the sale is held on the auctioneer's premises --Commission to the auctioneer, an inclusive charge to include out-of-pocket expenses of 15% of the sum realised, and the reasonable cost of advertising.

(ii) where the sale is held on the debtors premises------ Commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 7.5% of the sum realised, and the reasonable cost of advertising.

 

Road Traffic (parking penalties)

 

Fees

 

For preparing and sending a letter advising the client that a warrant is with bailiff and requesting the sum due -----------------------------------------£11.20

 

For levying distress where the sum due is not more than £100----- £28.00

For levying distress where the sum due is more than £100 ---------28% on the first £200 and 5.5% on any sum over £200.

 

For attending to levy distress but where no levy is made------------ Reasonable costs, but not more than the fees that could be charged if a levy were made.

 

The fee for sending a letter to the debtor can be charged only if the letter is sent before a first visit is made.

 

Bailiffs are allowed to charge the fees for a maximum of three visits only.

 

Charges

 

Walking possession -------------------------------55p each day for the first 14 days and 5p a day after that.

Valuation ---------------------------------------- Reasonable fees, charges and expenses of the broker.

Removing goods or attending to remove goods where no goods are removed -Reasonable costs and charges.

Sale of goods ----------------15% of the proceeds of sale if the sale is held on auctioneer's premises to cover the auctioneers commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.

 

OR

 

7.5% of the proceeds of sale where the sale is held on the debtor's premises to cover the auctioneer's commission, plus out-of-pocket expenses actually and reasonably incurred.

Inland Revenue Income Tax

 

Fees

 

For making a visit to the premises with a view to levying distress (whether the levy is made or not).-------------------A sum not exceeding £12.50

 

Levying distress where the total sum charged is £100 or less.--- £12.50

 

Levying distress where the total sum charged is more than £100:

 

(i) on the first £100 of the amount to be recovered 12.5%

(ii) on the next £400 of arrears 4%

(iii) for the next £1,500 of arrears 2.5%

(iv) for the next £8,000 of arrears 1%

(v) for any additional sum 0.25%

 

Charges

 

Where close possession is taken----------------- £4.50 for the day of levy only.

Where walking possession is taken ---------------45p per day, payable for the day the distress is levied and up to 14 days thereafter

Removal and storage of goods------------------- The reasonable costs and charges of removal and storage.

Appraisement -----------------------------------The reasonable fees, charges and expenses of the person appraising

 

Sale

 

(i) where the sale is held on the auctioneer's premises, for the auctioneer's commission (to include all out-of-pocket expenses other than charges for advertising removal and storage).------------------------15% of the sum realised, plus the reasonable costs of advertising, removal and storage.

 

(ii) Where the sale is held on the debtor's premises, (to include all out-of-pocket expenses other than charges for advertising removal and storage).------ 7.5% of the sum realised, plus out-of-pocket expenses actually and reasonably incurred, and the reasonable cost of advertising.

 

Inland Revenue National Insurance Contributions

 

Fees

 

For making a visit to the premises with a view to levying distress (whether the levy is made or not).------------------- A sum not exceeding £12.50

 

Levying distress where the total sum certified is £100 or less.-------- £12.50

 

Levying distress where the total sum certified is more than £100:

 

(i) on the first £100 of the amount to be recovered 12.5%

(ii) on the next £400 of arrears4%

(iii) for the next £1,500 of arrears 2.5%

(iv) for the next £8,000 of arrears1%

(v) for any additional sum 0.25%

 

Charges

 

Where close possession is taken-------- £4.50 for the day of levy only

Where walking possession is taken ------45p per day, payable for the day the distress is levied and up to 14 days thereafter

Removal and storage of goods---------- The reasonable costs and charges of removal and storage.

Appraisement --------------------------The reasonable fees, charges and expenses of the person appraising

 

Sale

 

(i) where the sale is held on the auctioneer's premises, for the auctioneer's commission (to include all out-of-pocket expenses other than charges for advertising removal and storage).----------------------15% of the sum realised, plus the reasonable costs of advertising, removal and storage.

(ii) Where the sale is held on the debtor's premises, (to include all out-of-pocket expenses other than charges for advertising removal and storage).------ 7.5% of the sum realised, plus out-of-pocket expenses actually and reasonably incurred, and the reasonable cost of advertising.

 

Magistrates Court Fines

 

There is no statutory scale of fees applicable to the execution of distress warrants in the magistrates' courts. Rule 54 of the Magistrates' Courts Rules 1981 simply states that the bailiff may deduct and retain the proper costs and charges of executing a warrant from the proceeds of an eventual sale of goods distrained. Guidance issued by LCD to all magistrates' courts in 1997 stated that every MCC should "determine a scale of fees which it considers reasonable and not disproportionate to the amount due under any warrant. It should then......seek to ensure that the scale is adhered to."

The Sheriff's Fees Order 1920

 

(S.R. & O. 1920 No. 1250)

 

 

SCHEDULE

TABLE OF FEES

£0.29

1. (a) For mileage from the sheriff's officer's residence to the place of levy and return, in respect of one journey made to seize the goods and where appropriate, one journey made to remove the goods, per mile

 

(b) when the place of levy is distant more than one mile and a half from the nearest railway station, there may be allowed, in lieu of mileage from the station to the place, out-of-pocket expenses actually and reasonably incurred for conveyance from the station to that place and back to the station.

 

 

 

£2.00

2. For seizure by the sheriff's officer for each building or place separately rated at which a seizure is made.

 

 

£2.00

3. For Work Done by the sheriff's officer in making inquiries as to claims for rent or to the goods where a claim in writing is received by the sheriff's officer, including copying claims and giving the necessary notices to all parties, a sum not exceeding

 

 

£2.00

And for all out-of-pocket expenses actually and reasonably incurred in relation to such work, including postage, telegraphic and telephonic messages, a further sum not exceeding...

 

 

 

£3.00

4. For keeping possession of goods or animals

(a) where a man is left in physical possession (the man in possession to provide his own board) per man per day

£0.25

(b) where walking possession is taken under an agreement in the form* set out in the Schedule to the Sheriffs' Fees (Amendment) Order, 1956, per day

 

 

 

 

5. For removal of goods or animals to a place of safe keeping, when necessary, the sum actually and reasonably paid.

 

6. When goods or animals have been removed, for warehousing or taking charge of the same, the sum actually and reasonably paid.

 

7. For keep of animals while in the custody of the sheriff, whether before or after removal, the sum actually and reasonably paid.

 

8. For Sale or preparation for Sale by Auction

(1) When sale by auction takes place

(a) where the sale is held on the auctioneer's premises, for commission to the auctioneer, an inclusive charge to include all out-of-pocket expenses except costs of removal:

 

On the first £100------- £15 per cent

On the next £900-------£12.50 per cent

Above £1,000---------- £10 per cent

(b) Where the sale is held on the debtor's premises, for commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 7 1/2 per cent on the sum realised.

 

(2) When no sale takes place either by auction or by private contract.

 

(a) Where the goods have been removed to the auctioneer's premises, for commission to the auctioneer, an inclusive charge of 10 per cent of the value of the goods, to include all out-of-pocket expenses except costs of removal.

 

(b) Where the goods have not been removed from the debtor's premises but work has been done by the auctioneer or Sheriff's Officer with a view to sale, for his commission, in addition to out-of-pocket expenses actually and reasonably incurred, 5 per cent of the value of the goods

 

This fee is to be charged only where the work done includes the preparation of a detailed inventory of the goods seized.

 

9. For sale by Private Contract.

 

(a) Half the percentage allowed on a sale by auction; and in addition:

 

(b) For work actually done in preparing inventory and valuation, and for all work (if any) actually done in preparing for sale by auction a sum not exceeding in any event 2 1/2 per cent on the value of the goods.

 

© And for advertising and giving publicity to any intended sale by auction, printing catalogues and bills and distributing and posting the same and for labour employed in lotting and showing the goods, the sums (if any) actually and reasonably paid.

 

10. "Sheriff's poundage on the amount recovered, 5 per cent up to £100 and 2 1/2 per cent above that sum".

 

Except where the judgment or order sought to be enforced is for less than £600 and does not entitle the plaintiff to costs against the person against whom the execution is issued, the foregoing fees numbered 1, 2, 3, 4, 5, 6, 7, 8(1), 9 and 10, shall be levied in every case in which an execution is completed by sale, as fees payable to sheriffs were levied before the making of this Order.

 

In every case where an execution is withdrawn, satisfied, or stopped, the fees under this Order shall be paid by the person issuing the execution, or the person at whose instance the sale is stopped, as the case may be

 

The amount of any fees and charges payable under this table shall be taxed by Master of the Supreme Court or a District Judge of the High Court, as the case may be, in case the sheriff and the party liable to pay such fees and charges differ as to the amount thereof.

 

The Order as to Fees made under the Sheriffs Act, 1887, and dated August 31, 1888, is hereby annulled from July 18, 1920, except as to proceedings under writs of execution issued before that date, to which proceedings the said Order shall continue to apply.

 

The Sheriff's Fees (Amendment)

Order 1956

 

(S.I. 1956 No. 502)

 

[Here put the letter and number

In the High Court of Justice

Division

 

Between Plaintiff

And Defendant

To the Sheriff of

]

I hereby request that you will not leave a possession man on my premises in close possession of the goods which you have seized under the writ of execution issued in this section

 

If this convenience is allowed to me, I undertake, pending the withdrawal or satisfaction of the writ, -

 

(a) Not to remove the said goods or any part thereof nor to permit their removal by any person not authorised by you in that behalf;

 

(b) to inform any person who may visit my premises for the purpose of levying any other execution or distress that

you are already in possession of my goods under the above writ;

 

© to notify you immediately at your office of any such visit.

 

And I authorise you, or any of your officers, pending the withdrawal or satisfaction of the above writ, to re-enter my premises at any time and as often as you may consider necessary for the purpose of inspecting the said goods or completing the execution of the writ

Dated this

Judgment Debtor day of 19

 

Order as to Fees for execution of process in certain proceedings

 

(S.R. & O. 1921 No. 827)

 

 

SCHEDULE

TABLE OF FEES

 

To the Order dated May 2, 1921, under the Sheriffs Act 1887, s.20(2), fixing fees to be taken by the sheriff or officer of a sheriff concerned in the execution of process directed to the sheriff in certain proceedings.

On Writs of Possession or Delivery

 

£2.00

1. For every warrant which shall be granted by the Sheriff to his officers upon any writ or process (other than process at the suit of the Crown) ....

 

£0.29

7A. For mileage from the Sheriff's Officer's residence to the place where the land or goods are situated and return, in respect of one journey made to execute a writ of possession or delivery, per mile

7B. (1) For executing a writ of possession of domestic property within the meaning of section 66 of the Local Government Finance Act 1988 poundage at the rate of 3 per cent of the net annual value for rating shown on the valuation list in force immediately before 1 April 1990 in respect of the property seized, subject to paragraph (3).

 

(2) For executing a writ of possession of property to which paragraph (1) does not apply, 0.4 per cent of the net annual value for rating of the property seized, subject to paragraph (4).

 

(3) For the purposes of paragraph (1), where the property does not consist of one or more hereditament which, immediately before 1 April 1990....

 

(a) Had a separate net annual value for rating shown on the valuation list then in force and

 

(b) Was domestic property within the meaning of section 66 of the Local Government Finance Act 1988

 

The property or such part of it as does not so consist shall be taken to have had such a value for rating equal to two fifteenths of its value by the year when seized.

 

(4) For the purposes of paragraph (2), where the property does not consist of one or more hereditament having a separate net annual value for rating, the property or such part of it as does not so consist shall be taken to have such a value equal to its value by the year.

 

7C. For executing a writ of delivery, poundage at the rate of 4 per cent of the value of the goods as stated in the writ of summons or judgment.

 

The amount of any fees and charges payable under this Table shall be taxed by a Master of the Supreme Court or a District Judge of the High Court, as the case may be, in case the Sheriff and the party liable to pay such fees differ as to the amount thereof.

 

 

Generally

£5.00

8. For a copy of any return endorsed by the Sheriff on a writ of execution.........

 

9. For any duty not otherwise provided for, such sums as one of the Masters of the Supreme Court, or District Judges of the High Court may upon special application allow.

 

Any fee or poundage to be charged under the Order of 1920 or the Order of 1921 or under either of those Orders as amended by this Order, at the rate of 2 1/2 per cent, 7 1/2 per cent or 12 1/2 per cent on any sum shall be calculated on every £2 or part thereof of that sum.

 

 

Edited January 10, 2011 by Tingy

[hallowitch]

Fair play to you Tingy for trying to teach the bailiff his job (which is more than the company he is employed by will do )personally i think he should be asking Philips, JBW and the LA why they charge fees not set by legislation

 

 

You lot who think £11.20 is the price of an enforcement visit give your heads a shake.

 

no one thinks a enforcement visit is £11.20 we all know that a letter fee is £11.20 +VAT for parking tickets

[seanamarts]

Tingy, sweetie, nicely done.. however I doubt very much that he will understand any of it.

[Tingy]

I just thought that when he learns to read, it might help him. Or maybe he could pass it to some of his bailiff friends for reference (sorry, had to duck to miss the pig flying past!)

 

No, I have all the costs kept on one sheet. They are regularly updated so should be accurate. It makes it hard for him now to come back and claim we don't know the charges.

 

As many are based on percentages do you know what I'd like to do. Give him some hypothetical situations and ask him to work out the fees owed to the bailiffs. It shouldn't be hard for him, but I don't know if he'd accept the challenge.

 

HEY MISTER BAILIFF MAN!!!!!!!!!

How about you prove yourself. I'll produce a few hypothetical scenarios and you tell us the fees you would charge with a breakdown of the same. Then, when you post your answers up, we'll compare them with ours. Are you up for a bit of fun?

[ploddertom]

What price are the seats?

 

PT

[night-watchman]

What price are the seats?

 

PT

 

The price of the seats cannot be disclosed at present, but you will be invoiced (at a cost of (£11.20) which you must pay within 24 hours. (Please note it will be sent 2nd class and be on the desk for 2 days before posting). Failure to comply will result in one of our representitives callinG, charging £42.50 (£24.50 for the 1st visit, which, due to bad weather was not done but we are charging you anyway, and £18.00)

They have been instructed to lie, cheat, threaten and generally harrass you in any and all ways possible to obtain payment.

Note: A charge for waiting time wil be incurred, so you better pay straight away.

If you still fail to pay we will stalk, harrass and generally make your life miserable for the next 8 weeks and when you are at your wits end and tremble everytime the letterbox rattles we will pass it back to the original client, who will in turn charge you the £5 for the seat.

We look forward to dealing with you and giving as much grief as possible.

 

Sorry, my humour can be wicked sometimes

Edited January 11, 2011 by night-watchman
typos

[ploddertom]

Magic

[seanamarts]

The price of the seats cannot be disclosed at present, but you will be invoiced (at a cost of (£11.20) which you must pay within 24 hours. (Please note it will be sent 2nd class and be on the desk for 2 days before posting). Failure to comply will result in one of our representitives callinG, charging £42.50 (£24.50 for the 1st visit, which, due to bad weather was not done but we are charging you anyway, and £18).

They have been instructed to lie, cheat, threaten and generally harrass you in any and all ways possible to obtain payment.

Note: A charge for waiting time wil be incurred, so you better pay straight away.

If you still fail to pay we will stalk, harrass and generally make your life miserable for the next 8 weeks and when you are at your wits end and tremble everytime the letterbox rattles we will pass it back to the original client, who will in turn charge you the £5 for the seat.

We look forward to dealing with you and giving as much grief as possible.

priceless

[brassnecked]

The price of the seats cannot be disclosed at present, but you will be invoiced (at a cost of (£11.20) which you must pay within 24 hours. (Please note it will be sent 2nd class and be on the desk for 2 days before posting). Failure to comply will result in one of our representitives callinG, charging £42.50 (£24.50 for the 1st visit, which, due to bad weather was not done but we are charging you anyway, and £18).

They have been instructed to lie, cheat, threaten and generally harrass you in any and all ways possible to obtain payment.

Note: A charge for waiting time wil be incurred, so you better pay straight away.

 

If you still fail to pay we will stalk, harrass and generally make your life miserable for the next 8 weeks and when you are at your wits end and tremble everytime the letterbox rattles we will pass it back to the original client, who will in turn charge you the £5 for the seat.

We look forward to dealing with you and giving as much grief as possible.

 

Brilliant but

We reserve the right to submit an N244, and apply for a set aside on any judgment, and also will file a counterclaim for refund of any fee over and above the accepted scale, you attempt to levy

[sillygirl1]

Dont forget that it is valid even if not read by you.....

 

What a plank the so called bailiff is... he deserves to loose his bounty.

[Tingy]

I love it!

 

:lol::lol:

[jimbo45]

Hi all

 

Of Course don't forget to mention that for things like Council Tax the Bailiff has UTTERLY NO RIGHT to make a forced entry so such things like various threatograms adding huge fees for "Van Fees", "Waiting Time" etc etc are TOTALLY ILLEGAL and are only there to intimidate the recipent who thanks to CAG knows better now and can put an end to this whole EVIL and DISGUSTING business.

 

Most people working for Bailiff Companies such as Rossendales should be JAILED themselves. The way they treat people in the 21st cent is UTTERLY BEYOND BELIEF.

 

Cheers

jimbo

[Leakie]

Mr Bailiff where are you now?????

may be he cannot understand the posts above and gone back to school,

so he can understand,

poor fella only doing his job 1-2-3 arrrrh

[brassnecked]

perhaps he has bail (iff)ed out

[tottys]

hi all have just been trying to catch up on all this reading on here it makes some good reading to can i get first dibs on these seats please...........

tingy some good writting done by you but must admit cant do percentages so was left a little confused (just like the bailiff) and now that has me thinking i now know what my calling in life is i am going to become a bailiff so look out all lollllllllllll again thanks all for the help you have all given me not heared off them for a while but it wont be long now i am sure

[wonkeydonkey]

Sorry totty you are over qualified for the job, you can read and think so don't call us we'll call you.

 

WD

[tottys]

ohhhhhhhhhhhh come on give me the job please i could only read it cos my 8 year old helped me he is also helping with the sums ( he actualy helped me lear about factors and prime numbers last night) and today he is going to teach me how to spell cos i no longer have a spell checker on here

[tottys]

have just been offered a fantastic job recovering debts with some insolvancy firm lollllllllllllllllllllllllllll

[lordsugar]

There is no doubt that Jimbo45 has got a lot wrong dont forget that to recover council tax by a bailiff the council ha to put the case before the magistrates court who issue a liability order there by agreeing the debt is owed. Its not a civil offence as you can recieve imprisonment for not paying. As for the original point the levy on the car is invalid so the fee is invalid and they can only add one attendance to remove fee AFTER LEVYING OR DISTRAINING ON GOODS. Good practice says that a bailiff should identify himself at all times upon request even if you have seen the bailiff before his certificate could still be out of date....

[Tingy]

There is no doubt that Jimbo45 has got a lot wrong dont forget that to recover council tax by a bailiff the council ha to put the case before the magistrates court who issue a liability order there by agreeing the debt is owed. Its not a civil offence as you can recieve imprisonment for not paying. As for the original point the levy on the car is invalid so the fee is invalid and they can only add one attendance to remove fee AFTER LEVYING OR DISTRAINING ON GOODS. Good practice says that a bailiff should identify himself at all times upon request even if you have seen the bailiff before his certificate could still be out of date....

 

Hi Lordsugar and welcome to CAG. IF you're referring to post 53 I don't think Jimbo has got a lot wrong. He is clearly referring to Council Tax. Bailiffs do not have the right to force entry UNLESS they have first gained peaceful entry. As far as I know there is no allowance for waiting time. That just leaves the van fee. They can charge a van fee, but only once a levy has been legally made as the van is to be used with the express purpose of removing goods previously levied upon.

 

The van fee is frequently miscalculated by bailiffs. It is one of those difficult fees not prescribed in law, but they are allowed to charge what is "reasonable." When challenged, you'll find most companies will totally abolish this fee.

 

I don't see that at any point he has stated it either being or not being a civil offence.

 

If I'm looking at the correct post, perhaps you'd be kind enough to quote the items that comprise what you deem to be ,"a lot wrong."

 

If he's posted elsewhere on this thread and I'm looking at the wrong one, apologies!

[lordsugar]

Hi Tingy and thanks for the welcome ...it was more to do with posts 10 and 13 and what you say I totally agree with however i beleive he stated that it was a civil debt which its not and the police attend to prevent a breach of the peace and should take neither one side or the other hopefully... but sorry if i appeared to be splitting hairs it wasnt intentional..

[Tingy]

No problem - we don't often take things personally on here!