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today i got a removal notice from a bailiff for a liability order for council tax, but i paid the debt direct to the council about 2 months ago. i have called the bailiff and he asked me to call back tomorrow so he can look at it. so i called the council and they said they will send me my account showing i owe nothing but he might be chasing me for fees.. over £200...

can he add his fees to my liability order and send a removal notice as i didnt think he could... i refused to deal with him before and dealt direct with the council and the libility order is paid in full

thanks sarah

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My understanding is this:

 

If he didn't visit before you made payment to the council then there is nothing for you to pay as there were no fees due at the time of the settlement, however if he has visited you before you made payment then his fees are payable - but even then only in line with the statute laying out his fees ie 24.50 for first visit etc.

 

Has he actually visited your home? did he make levy on anything?


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how is the bailiffs fees made up

 

did the bailiffs have a walking possession order (levy)

 

bailiffs fees are

£24.50 for 1st visit

£18 for 2nd visit

these are the only bailiffs charges you would have without a walking possession agreement if there is a WPA levy then there charges will be more

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he came 3 times and i never answered the door. once he didnt even knock but left a letter saying he had come with a van and i was charged but he was in a car

he has never been in my house at all

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you must get in touch with the council and the bailiff by e-mail and letter

the bailiff is trying to charge you more than he should as there is no walking possession agreement the bailiff has not levied on any of your goods the most the bailiff can charge you is £24.40 1st visit fee £18 2nd visit fee

the council are responsible for all bailiffs actions including there charges as the work for the council as there agents for the collection of council tax

DON'T LET THE COUNCIL FOB YOU OFF if the council tell you it is nothing to do with them it in the hands bailiff this is not true

 

if the council or bailiff tell you the charges are correct ask them to look at

The Council Tax (Administration and Enforcement) Regulations 1992

in particular regulation 45 charges connected with distress

tell them them if there charges are not amended to the true costs of this regulation £42.50 you will make an official complaint which will be escalate to a form4 complaint at the county court

 

 

THE COUNCIL TAX (ADMINISTRATION AND

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

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)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) – £24.50

i) where the visit is the first or only such

visit

ii) where the visit is the second such

visit:£18

  • Haha 1

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thankyou all for your help i feel a lot better now

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