Bailiffs rejecting my offer of monthly payment.

[locotoro]

Hi guys,

 

This is my first post so some direction would be greatly appreciated.

 

I have an outstanding council tax matter with Barnet Council and it has been passed to Newlyn (yes the worst of the lot of them).

 

Combined the council and newlyn tried to charge me £890 for the debt. I wrote a letter to the council explaining that I was not living in the property for a large majority of the time they allege. I had to provide them with proof of where I was living and plane tickets and hotel bookings to try and obtain a discount re time spent away on holiday.

 

Managed to get council liabilty down to £392. however they are unwilling to recall the debt from Newlyn and they are tryin to charge me an extra £223.

 

I wrote the a letter requesting a breakdown of the charges incurred. Also stating that as I was not employed I was applying for JSA. I also offered them a cheque for £50 and stated that I could make a maximum payment of £50 per month until such time as I found a job.

 

they have recently responded with the following Without prejudice letter:

 

Dear sirs

 

All fees ...applied correctly...council tax (Admin....enforcement)... please find breakdown

 

Council debt: £392

visit fee 1 £24 (4 march)

visit fee 2 £18 (11 march)

levy fee £40 (21 march)

enforcement fee £140 (21 march)

 

 

(In summary they also say)

-All fees applied corectly by certified bailiffs.

-£50 a month is insufficient and that they will continue with bailiff action where further fees may be incurred.

 

Now this is my issue. I moved out of the property on 11th March and I did not recieve any paperwork or visitors relating to visit 1 or 2.

 

I told them that i no longer lived at the property after they sent me a text saying they were attending on the 21 march. they said we dont care we're going around. I notified the estate agency and I have been told that no one attended the property that day from the bailiffs.

 

There is nothing that they could have levied since I didnt have any possessions there and i have no idea what enforcement fees relate to.

 

Please can someone tell me what I can do re:

-the charges

-the rejected £50 offer

[Guest Happy Contrails]

The bailiff is cheating you with his fees. There is lo legialtion enabling bailiffs to charge you a £40 levy fee or a £140 enforcement fee.

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit and £18.00 for a second visit if one is made. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

Phone the council, tell them their bailiff has been caught cheating with his fees and commits an offence under Section 2 and 4 of the Fraud Act 2006 and ask they take the council tax debt back into town hall administration. Remind the council they are liable for their bailiffs when they are caught defrauding a member of the public. If the council is uncooperative or vexatious then quickly contact the local government ombudsman.

 

Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for defrauding you with his fees. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the bailiffs fees he is trying to charge and any amounts paid.

 

Send this letter to the council.

 

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]

 

I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs.

 

On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became defensive and vexatious in nature. He made unrealistic demands of money which are way beyond my means and has been caught cheating with his fees by charging unlawful amounts contrary to regulations.

 

I now ask the Council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money and defrauding me with his fees.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the local government ombudsman in fourteen days from the date of this letter. Please treat this letter as Stage 1.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and deem properly served on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

Enc 1st payment.

 

Keep your doors & windows securely shut and post & email this to the bailiffs

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Fee irregularities. Opportunity to compensate

 

I write following visits by your bailiff however there appears to an irregularity with your fees. I ask you to provide the following within fourteen (14) days:

 

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

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) Truthfully confirm in writing your fees are lawful and comply with legislation

 

4) The name and address of the organisation that instructed you

 

If an irregularity with your fees is subsequently discovered within the statutory time limit of 6 years Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court against the bailiff in charge for dishonestly defrauding me with his fees. This may also involve a criminal investigation by police and your bailiff and your firm's principle director(s) may receive a criminal record for assisting an offender, benefiting from proceeds of crime and committing offences under the Fraud Act 2006. If you have charged VAT on your fees that are later found to be unlawful then you may be reported for VAT fraud and your documents will be given in evidence.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME