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Guest Happy Contrails

The Law: Bailiffs fees for collecting unpaid Business Rates

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Guest Happy Contrails

The law prescribing bailiffs fees for collecting unpaid NDR is Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 and The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006. Broadly speaking it provides:

 

1st Visit £24.50

2nd Visit £18.00

Sum recovered up to £100 £15.00

£100 to £400 4%

£400 to £1500 2.5%

£1500 to £8000 1%

£8000 and above Quarter of 1%

 

A visit means making contact with you, not just pushing a document through your letterbox and running off. For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable)

The law doesnt provide for card fees, van fees (unless he has transported your goods in avan and reasonable costs is 40p a mile). I've never heard of a redemtion fee so it looks like the bailiff is screwing you over.

 

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.

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The Council Tax (Administration and Enforcement) Regulations 1992

 

Regulation 45(2)(b)

 

 

CHARGES CONNECTED WITH DISTRESS

 

  • 1. The sum in respect of charges connected with the distress which may be aggregated under regulation 45(2) shall be set out in the following Table— (1)(2)Matter connected with distressCharge
    • A. For making a visit to premises with a view to levying distress (whether the levy is made or not):

    Reasonable costs and fees incurred, but not exceeding an amount which, when aggregated with charges under this head for any previous visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is not greater than the relevant amount calculated under paragraph 2(1) with respect to the levy.

    • B. For levying distress:

    An amount (if any) which, when aggregated with charges under head A for any visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is equal to the relevant amount calculated under paragraph 2(1) with respect to the levy.

    • C. For the removal and storage of goods for the purpose of sale:

    Reasonable costs and fees incurred.

    • D. For the possession of goods as described in paragraph 2(3)—
      • (i) for close possession (the man in possession to provide his own board);

    £4.50 per day.

    • (ii) for walking possession:

    45p per day.

    • E. For appraisement of an item distrained, at the request in writing of the debtor:

    Reasonable fees and expenses of the broker appraising.

    • F. For other expenses of, and commission on, a sale by auction—
      • (i) where the sale is held on the auctioneer's premises:

    The auctioneer's commission fee and out-of-pocket expenses (but not exceeding in aggregate 15 per cent. of the sum realised), together with reasonable costs and fees incurred in respect of advertising.

    • (ii) where the sale is held on the debtor's premises:

    The auctioneer's commission fee (but not exceeding 7½ per cent. of the sum realised), together with the auctioneer's out-of-pocket expenses and reasonable costs and fees incurred in respect of advertising.

    • G. For other expenses incurred in connection with a proposed sale where there is no buyer in relation to it:

    Reasonable costs and fees incurred.

  • 2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means—
    • (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,

    • (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;

    and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.

     

    (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount. ( IF THEY DONE A LEVY NO FURTHER CHARGES )

     

    (3) An authority takes close or walking possession of goods for the purposes of head D of the Table to paragraph 1 if it takes such possession in pursuance of an agreement which is made at the time that the distress is levied and which (without prejudice to such other terms as may be agreed) is expressed to the effect that, in consideration of the authority not immediately removing the goods distrained upon from the premises occupied by the debtor and delaying its sale of the goods, the authority may remove and sell the goods after a later specified date if the debtor has not by then paid the amount distrained for (including charges under this Schedule); and an authority is in close possession of goods on any day for these purposes if during the greater part of the day a person is left on the premises in physical possession of the goods on behalf of the authority under such an agreement.

  • 3.—(1) Where the calculation under this Schedule of a percentage of a sum results in an amount containing a fraction of a pound, that fraction shall be reckoned as a whole pound.

the reason that they do a levy is that the goods on the levy are used as collateral against a payment plan agreed at the time of the levy if you fail to keep to this agreement then the bailiff can tell you he is coming to remove goods on the levy and charge you a van fee even if no goods are removed

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this is a template form 4 by tomtubby it gives you an idea how a complaint should be written out

i know what you mean when you say you use 12 words when 4 will do bit like that myself don't know if it will help but thought i would post it for you

 

The following is a TEMPLATE of such a complaint and in all cases that we have advised on, it is recommended that a copy is sent to the LOCAL AUTHORITY and the bailiff company before being sent to the Magistrates Court.

 

Any questions, please post back...

 

 

Mr Jo Blogs

1, High Street

Anytow

Post Code.

 

The Chief Clerk[/font]

xxxx Magistrates Court[/font]

 

 

 

Date:

 

Dear Sir/Madam

 

Council Ref: xxxxxx[/font]

 

I am writing to request that you issue a Summons against xxxxxxx Council by virtue of Regulation 46 Council Tax (Administration and Enforcement) Regs 1992 as a matter of urgency.

 

 

 

 

I am aggrieved by the levy carried out by Mr Smith of ABC Certificated Bailiffs on (enter date) for the following reason:

  • The bailiff visited my premises and he has provided a Notice of Seizure of Goods & Inventory advising me that he has levied against a vehicle that was outside/on the drive of my home.
  • This vehicle is not owned by me. I do not know the owner of the vehicle and it would appear that the bailiff has assumed that this is my car because it was parked close to my home.
  • The bailiff in seizing this vehicle, has charged me a levy fee of £50 together with an enforcment fee of £150 and I am advised that unless I pay the amount of the Laibility Order of £xxx together with the charges associated with this levy, that the bailiff will be attending at my property to remove this vheilce to satisy my council tax arreas and in addition I will also be liable for further charges for "attending to remove" and I could also be in position of being personally liable to the owner of the vehicle.
  • I have written to the bailiff company and the local authority concerning this levy but my complaints have been ignored.

I trust that this information will be sufficient and please do not hesitate to contact me if you require any further information.

Yours faithfully

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