Merton Bailiffs

[Belville]

Hi

I have been visited by a bailiff today but wasn't at home and they put a Notice of seizure of goods and inventory from Merton Bailiff services through my door. (inhouse bailiffs)

Their charges seem extorionate and are as follows

Local Taxation Outstanding £399.10

First letter fee £0.00

second letter fee £0.00

statutory levy fee £37.00

walking possesion fee £0.00

Enforcement costs £200.00

total 626.10

the inventory relates to my car

I am fully aware that this debt is my own fault but object to the £200.00 enforcement fee and am wondering what it is for and why it's so much as a neighbour was only charged £100.00 for the same thing in December last year although the C/Tax owing was about £280.00.

My only income is benefits and I cannot afford to pay this in one go and they wont accept a payment plan and the council wont take it back.

can you advise me please, they want it paid by monday and if I don't they will take my car and I need it due to disabillity.

 

Any advice???

[dx100uk]

there are set fees for council tax [this IS council tax?]

 

24.50 + 18 [1st and 2nd visits]

 

there is also a levy fee, but your list is very wrong anyhow.

 

as for the car you will be classed as vunerable so this should not happen.

 

i'll await your reply to confirm this IS CTAX.

 

there are pleanty of threads in the forum that will be able to clue you up

 

by then one of the more knowledgables would have arrived to help

 

dx

[hallowitch]

Their charges seem extorionate and are as follows

 

Local Taxation Outstanding £399.10 have you checked with the council to confirm this is the amount of the liability order

First letter fee £0.00

second letter fee £0.00

statutory levy fee £37.00 this is wrong charges for a levy are 12.5% for first £100 4% of the next £299.10 approx £25

having said that he should have charged £12 walking possession fee so you levy walking possession would amount to £37

walking possession fee £0.00

Enforcement costs £200 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)

this is the regulations used to collect unpaid council tax there is no such thing as enforcement costs in these regulations so there should be NO charge for this

they want it paid by Monday and if I don't they will take my car and I need it due to disability

Are you registrar disabled do you have a blue badge was you car bought through mobility do you get free road tax

disability

My only income is benefits you should be classed as vulnerable

 

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

I have been visited by a bailiff today is your bailiff certificated

On line search to check if a Bailiff is Certificated

Edited August 13, 2009 by hallowitch

[tomtubby]

Hi

 

I have been visited by a bailiff today but wasn't at home and they put a Notice of seizure of goods and inventory from Merton Bailiff services through my door. (inhouse bailiffs)

 

Their charges seem extorionate and are as follows

 

Local Taxation Outstanding £399.10

First letter fee £0.00

second letter fee £0.00

statutory levy fee £37.00

walking possesion fee £0.00

Enforcement costs £200.00

 

total 626.10

 

the inventory relates to my car

 

I am fully aware that this debt is my own fault but object to the £200.00 enforcement fee and am wondering what it is for and why it's so much as a neighbour was only charged £100.00 for the same thing in December last year although the C/Tax owing was about £280.00.

 

My only income is benefits and I cannot afford to pay this in one go and they wont accept a payment plan and the council wont take it back.

 

can you advise me please, they want it paid by monday and if I don't they will take my car and I need it due to disabillity.

 

Any advice???

 

 

 

The matter of this "enforcement fee" is very worrying indeed!!

 

The statutory legislation laid down by Parliament for the collection of Council Tax specifically states that the purpose of the visit is to "levy" upon goods.

 

In this a bailiff may charge a fee of £24.50 for "attending to levy where no levy was made" (ie: where nobody was at home) and he may apply a further fee of £18.00 for a second such visit.

 

IF he is able to levy then a different fee is applied. This is called a "levy fee" and in your case this has been applied and is £37

 

The legislation DOES NOT provide for this "enforcment fee".

 

An agreement will then be made and if you fail to keep to that agreement then the bailiff may indeed return and charge an "attending to remove" fee" ( which the legislation states must be "reasonable" !!!)

 

You may wish to point out to Merton that they should be aware of the appeal court case of EVANS V SOUTH RIBBLE DISTRICT COUNCIL.

 

Finally, Merton Bailiffs are the in-house bailiffs for Merton Council.

[Belville]

Their charges seem extorionate and are as follows

 

Local Taxation Outstanding £399.10 have you checked with the council to confirm this is the amount of the liability order

Can't cause I've not got any calling credit or petrol

First letter fee £0.00

second letter fee £0.00

statutory levy fee £37.00 this is wrong charges for a levy are 12.5% for first £100 4% of the next £299.10 approx £25

having said that he should have charged £12 walking possession fee so you levy walking possession would amount to £37

walking possession fee £0.00

Enforcement costs £200 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) Where can I read this

this is the regulations used to collect unpaid council tax there is no such thing as enforcement costs in these regulations so there should be NO charge for this

they want it paid by Monday and if I don't they will take my car and I need it due to disability

Are you registrar disabled do you have a blue badge was you car bought through mobility do you get free road tax not yet just in the middle of filling in the application for DLA

disability

My only income is benefits you should be classed as vulnerable

How do I prove this and how will it help me?

 

 

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

I have been visited by a bailiff today is your bailiff certificated

On line search to check if a Bailiff is Certificated

Already checked and he is certificated although only recently

Don't know what to do as I can call them or get to the town hall as I don't have any money till tuesday

When they give you 5 days does that include weekends?

to top it all I have today received 6 letters from a company calleed Rundle and co 3 dated 6/8/09 headed REMOVAL OF YOUR GOODS and 3 dated 10/8/09 headed FINAL WARNING Parking Fine due to London borough of Tower Hamlets.

I don't know any details of dates/amounts as there wasn't anything on the letters

I haven't had anything from either Tower Hamlets or Rundles before today ( I know someones going to say I have BUT I REALLY HAVEN'T)

I'm now scared whitless as what am I gonna do if they turn up for money (either of them), Can they both levy on my car?

I really cannot be with out my car and also my eldest Daughter is worried cause she has only just moved back (Temporarilly till she moves to bognor to start a new job) and all her stuff is here and she's worried that they will take her stuff.

Just A thought, Although I am the registered keeper of the car I didn't buy it so it's not mine I just use it but my insurance Co wanted it registered in my name before they would insure me. SO can I stop them levying on the car and if so what do I need to do?

sorry for such a long post but really do need help and Herbie21's inbox is full

Belville

[Belville]

i'll await your reply to confirm this IS CTAX.

 

 

dx

 

 

Yes it is Council Tax

[hallowitch]

Don't know what to do as I can call them or get to the town hall as I don't have any money till Tuesday

you can send them an e-mail

 

When they give you 5 days does that include weekends?

that depends on the bailiff but they don't work Sundays

to top it all I have today received 6 letters from a company called Rundle and co 3 dated 6/8/09 headed REMOVAL OF YOUR GOODS and 3 dated 10/8/09 headed FINAL WARNING Parking Fine due to London borough of Tower Hamlets.

 

I don't know any details of dates/amounts as there wasn't anything on the letters

I haven't had anything from either Tower Hamlets or Rundles before today ( I know someones going to say I have BUT I REALLY HAVEN'T)

you can fill out a form of some kind not sure how it works but will try to get someone to help you with this

I'm now scared whitless as what am I gonna do if they turn up for money (either of them), Can they both levy on my car?

no they cant levy the same car twice

my eldest Daughter is worried cause she has only just moved back (Temporarilly till she moves to bognor to start a new job) and all her stuff is here and she's worried that they will take her stuff.

tell you daughter not to worry they have to come into the House to do that and you are not going to let them in (any bailiff)

and they relay don't want your goods they want a levy to add costs

 

Just A thought, Although I am the registered keeper of the car I didn't buy it so it's not mine I just use it but my insurance Co wanted it registered in my name before they would insure me. SO can I stop them levying on the car and if so what do I need to do

if the owner has a valid receipt or finance agreement (if its on finance they cant levy on it)

if you google the council tax administration and enforcement regulations 1992 you should find it

[Belville]

The matter of this "enforcement fee" is very worrying indeed!! How do I sort this out and get it removed?

 

The statutory legislation laid down by Parliament for the collection of Council Tax specifically states that the purpose of the visit is to "levy" upon goods.

 

In this a bailiff may charge a fee of £24.50 for "attending to levy where no levy was made" (ie: where nobody was at home) and he may apply a further fee of £18.00 for a second such visit.

 

IF he is able to levy then a different fee is applied. This is called a "levy fee" and in your case this has been applied and is £37

 

The legislation DOES NOT provide for this "enforcment fee". where can I get help to prove this to both the council and the bailiffs?

 

An agreement will then be made and if you fail to keep to that agreement then the bailiff may indeed return and charge an "attending to remove" fee" ( which the legislation states must be "reasonable" !!!)

 

You may wish to point out to Merton that they should be aware of the appeal court case of EVANS V SOUTH RIBBLE DISTRICT COUNCIL. where can I read this?

 

Finally, Merton Bailiffs are the in-house bailiffs for Merton Council.I already knew this thanks [/quote]

 

This is from the councils own website

"Council tax debt recovery

 

When collecting council tax, a bailiff will visit a property to levy on goods (seize them) and obtain a signed walking possession notice, which gives them a right of access to these goods after a stated period of time has lapsed if the case remains unpaid.

 

The amount of time allowed will vary, although usually it would be a minimum of 5 days. By working in this way it allows opportunity for the chargepayer to raise the required amount, consult with the Citizens Advice Bureau or other agencies or to resolve any outstanding issues direct with the council.

 

This action will result in fees being added to the original account balance, some of which are statutory and some discretionary. The discretionary fees are those charged for attendance, the use of removal contractors, locksmiths etc. and are set by the bailiff manager and agreed at director level. On average the amount charged for this process will be £300.00. "

with regard to the Highlighted parts above is there Legislation for their So Called Discretionary fee's or are they breaking and laws.

[hallowitch]

getting bailiffs and councils to admit bailiffs fees are wrong and getting the fees removed or returned is like a game

the bailiff knows they are wrong the council know they are wrong

you have to write to the bailiffs for screenshot/breakdown of your account

then you have to complain if you think the fees are wrong

 

when they tell you the fees are not wrong and you believe they are you make a formal complaint

then when they tell you again there still not wrong you ether give up and pay them or file a form 4 complaint to the court and hopefully get them removed/ refunded

[Belville]

Thank Hallowitch

 

Do they have to suspend action on the account if I ask for screen shots / sar while they are sending them or are they allowed to keep harrassing me and adding fees etc?

 

sorry to sound stupid, but, who do I make the formalcomplaint to and how do I do it?

 

 

 

Also do you have any suggestions as to the wording of the email you sujested I send them as I cannot contact them by phone or in person and also do I email the council as this is the only email addy I can find.

• Bailiff services - further information
  

Contact details

 

Email: [email protected]

Telephone:020 8274 5986

Address: Bailiffs Services

Corporate Services

Civic Centre

London Road

Morden

 

SM4 5DX

 

Thanks again for your advice

[hallowitch]

[email protected] thats the only e-mail Addy i can find for the council you will have to e-mail both

i will help you with an e-mail to send to them first thing in the morning if you can be online then

[Belville]

Thanks again Hallowitch I can be online in the morning just tell me what time

[hallowitch]

i will be on about 9 if i wake up in middle of the night (drink gallons of coffee don't sleep much) i will write it and we can correct anything that needs to be corrected in the morning

[Belville]

Ok Talk in the morning

try to sleep well I know I wont as I never do

Night x

[hallowitch]

i had a visit from Merton bailiffs on (date) regarding my unpaid council tax the bailiff is returning on Monday to collect full payment of this debt including charges

my only income is (name of benefit) and i have no savings therefore i simply wont have £620.10 to pay the bailiff on Monday

due to my financial and personal circumstances I am a widow with a 15yr old daughter to support a payment of £5 per week is all i can realistically afford as paying any more would put me in severe financial hardship

I will make my first payment of £5/£10 on (date) by standing order and then ever week/2weeks

If this payment is not suitable perhaps you can arrange for the payment to be made direct from my income support

I appreciate that the given the size of the dept it will take a long time to clear the outstanding balance however if my financial situation chances i will immediately get in touch with you and make arrangement to pay more

 

As this is a very worrying situation i find myself in an Early reply to this e-mail would be appreciated

 

 

this may need added to or amended

 

what is you disability have sent you P M

Edited August 14, 2009 by hallowitch

[Fair-Parking]

Merton Bailiffs? Perhaps the best argument possible for ensuring that councils never employ their own bailiffs. Nowhere in this country have I come across a less law-abiding and more intimidatory mob than these thugs. Examples of their thuggery are abundant.

 

My advice to the OP is to pay the council what is written on the liability order and in this case pay the bailiff fees according to Tom Tubby's calculations.

 

There is no more to pay and any intimidation after that should be reported to the inept Metropolitan police in the vain hope that they may act in accordance with the law.

[Belville]

Thanks Hallowitch I have sent you a PM

although I am not on benefits for disability I am in the middle of filling in DLA forms, I have Fibromyalgia and am in constant severe pain, I also have Osteo arthritis and suffer from depression and am on medication

[Belville]

Merton Bailiffs? Perhaps the best argument possible for ensuring that councils never employ their own bailiffs. Nowhere in this country have I come across a less law-abiding and more intimidatory mob than these thugs. Examples of their thuggery are abundant.

 

My advice to the OP is to pay the council what is written on the liability order and in this case pay the bailiff fees according to Tom Tubby's calculations.

From previous experience I know that if I do that the bailiffs will continue to harrass me as if I pay the council direct they will pay the bailiffs fees first leaving me still owing them money for council tax

 

There is no more to pay and any intimidation after that should be reported to the inept Metropolitan police in the vain hope that they may act in accordance with the law.

 

Thanks

Belville

Edited August 14, 2009 by Belville

[hallowitch]

I have Fibromyalgia and am in constant severe pain, I also have Osteo arthritis and suffer from depression and am on medication

include this in your e-mail

you can add that you want a full breakdown of charges for this and your previous account

[Fair-Parking]

Pay the council direct - not the bailiff office. They have to accept it - and don't listen to any arguments or excuses that prevent that. Leave the cheque on the desk if they try to refuse. Remember that the ONLY court order outstanding is the liability order. What is on that is the amount owed. No more according to the court.

 

There is no court order for any fees and unless a bailiff has a court specifying any other amount other than that written on the liability order, there will be no court authority to collect any more. Full payment of the amount written on the liability order renders the bailiffs powerless -apart from more lies and more unsustainable intimidation.

 

I suspect that the brains of Merton Bailiffs would be unable to comprehend such simplicity, but that doesn't change their status within the law.

[Belville]

Hi Hallowitch,

below is the email I am going to send if you think it's ok

 

I had a visit from Merton bailiffs on 12th August 2009 regarding my unpaid council tax the bailiff is returning on Monday to collect full payment of this debt including charges

 

my only income is made up of state benefits, namely Child benefit, Child Tax Credit and widowed parents benefit and i have no savings therefore i simply wont have £620.10 to pay the bailiff on Monday

 

due to my financial and personal circumstances I am a widow with a 16yr old daughter to support a payment of £5 per week is all i can realistically afford as paying any more would put me in severe finatial hardship.

I will make my first payment of £5 on Tuesday 18th August via your Automated payment line and then by standing order ever week ( I will await your details to allow me to set this up

 

If this payment is not suitable perhaps you can arrange for the payment to be made direct from my benefits

 

I appreciate that the given the size of the dept it will take a long time to clear the outstanding balance however if my financial situation chances i will immediately get in touch with you and make arrangement to pay more

 

As this is a very worrying situation i find myself in an Early reply to this e-mail would be appreciated

 

also my MP is Siobhan McDonnagh

Do you not think I should query the charges at this stage??

I don't want them thinking that I am ok with them?

Also if I don't at this stage, how will I later?

Edited August 14, 2009 by Belville
adding

[hallowitch]

Do you not think I should query the charges at this stage??

I don't want them thinking that I am ok with them?

Also if I don't at this stage, how will I later?

 

i personally would wait until i had a payment agreement set up you can question bailiffs fees at any time

 

I am a widow with a 16yr old daughter to support i have also been on medication for deprecation since the death of my husband in 2006

 

finatial wrong spelling

[Belville]

OK so here's the revised Email awaiting being sent

Dear sirs,

 

I had a visit from Merton bailiffs on 12th August 2009 regarding my unpaid council tax the bailiff is returning on Monday to collect full payment of this debt including charges

 

my only income is made up of state benefits, namely Child benefit, Child Tax Credit and widowed parents benefit and i have no savings therefore i simply wont have £620.10 to pay the bailiff on Monday

 

due to my financial and personal circumstances I am a widow with a 16yr old daughter to support, I have Fibromyalgia and am in constant severe pain, I also have Osteo arthritis and suffer from depression and am on medication for it, a payment of £5 per week is all I can realistically afford as paying any more would put me in severe finantial hardship.

 

I will make my first payment of £5 on Tuesday 18th August via your Automated payment line and then by standing order ever week ( I will await your details to allow me to set this up)

 

If this payment is not suitable perhaps you can arrange for the payment to be made direct from my benefits

 

I appreciate that the given the size of the dept it will take a long time to clear the outstanding balance however if my financial situation chances I will immediately get in touch with you and make arrangement to pay more

 

As this is a very worrying situation i find myself in an Early reply to this e-mail would be appreciated

What do you think?

[lets fight bailiffs]

sorry i missed this thread, just been asked to have a look.

 

What i find hard to beleive with this is the £200 fee,

are on DLA or do you have a blue badge ?

your Email also needs to make them very aware that you are VULNERABLE

and the council have a DUTY OF CARE to you and because of this there demands are poor.

[hallowitch]

thats OK to send to the bailiffs

 

then send an e-mail to the council (i know they are in house bailiffs ) but the council have a duty of care to there tenants

 

i have sent an e-mail to Merton with a payment plan for my council tax arrears a copy of which i have included in this e-mail

as Merton are employed by you i believe the final decision regarding payment is yours

I therefor hope you will look favourably on my payment