Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4232 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

We got behind paying business rates and its now in the hands of Equita.

 

I received a price breakdown earlier this week and for a total council debt of £5200, they are adding £650 for their fees. Surely this is much much too much?

 

Any advice would be greatly appreciated.

 

Many thanks,

 

CCMAN

Link to post
Share on other sites

It depens on what they have done.

For instance:

 

Did they gain entry into premises?

 

Did they "levy" upon any goods?

 

Did they provide a Notice of Seizure or did anybody sign a Walking Possession?

 

If nothing signed or no levy made on goods then the fee can be just £24.50 for "attending to levy where no levy was made".

Link to post
Share on other sites

They did no more than send a letter and I spoke to the baliff and agreed repayment terms. The balance has since changed (small business rate relief) and I queried why their figure and mine were £650 apart.

 

So can I find a list of charges somewhere to take back to them?

 

Many thanks :)

Link to post
Share on other sites
They did no more than send a letter and I spoke to the baliff and agreed repayment terms. The balance has since changed (small business rate relief) and I queried why their figure and mine were £650 apart.

 

So can I find a list of charges somewhere to take back to them?

 

Many thanks :)

 

In this case as no levy has been made then these fees are WRONG and this is VERY SERIOUS indeed.

 

The fees can ONLY be £24.50 for "attending to levy where no levy was made".

  • Haha 1
Link to post
Share on other sites
In this case as no levy has been made then these fees are WRONG and this is VERY SERIOUS indeed.

 

The fees can ONLY be £24.50 for "attending to levy where no levy was made".

 

So should I take it up with the court who issued the liabillity order, the council who requested it or Equita?

 

Many thanks,

 

CCMAN

Link to post
Share on other sites
So should I take it up with the court who issued the liability order, the council who requested it or Equita?

 

Many thanks,

 

CCMAN

 

the council and the bailiff

 

write to the bailiff and ask for a screen shot of your account

 

write to the council and tell them you have requested a screen shot of your account from the bailiffs as you have had only had 1 visit from the bailiff and there is no walking POSSESSION AGREEMENT (LEVY ) on this debt and the bailiff has added £650 in fees include a copy of the letter you have sent to the bailiff

send all letters recorded delivery

 

 

 

I received a price breakdown earlier this week and for a total council debt of £5200, they are adding £650 for their fees. Surely this is much much too much

 

was this not broken down to explain what the charges were for

  • Haha 1
Link to post
Share on other sites
  • 2 months later...

The baliff arrived on site in October (sorry been very busy) and demanded the outstaning amount plus about £400. He would not explain this amount just told me very loudly that it was due. I am not sure what a levy is but he just came in, demanded money, was paid and left. there was no inventory of goods or threat to remove them.

 

As he was extremely large and would not listen to reason and looked very threatening, I paid him the amout he wanted.

 

I have recently contacted the council about this and received this reply:

 

Further attendance was made by the Bailiff at your premises on 19.12.09. At that time a Levy was carried out and a fee of £65.50 charged.

In addition to this a fee of £350.00 was charged for the attendance with a vehicle with a view to removing goods. The Schedule 3 notice of charges connected with distress states reasonable costs and fees incurred can be charged in this instance. As I have previously confirmed I am satisfied that these fees can be lawfully charged. Any issue you have with these fees or the level of them you must take up as a formal complaint to Equita.

 

What do you think folks?

 

Many thanks,

 

CCMAN

Link to post
Share on other sites
The baliff arrived on site in October (sorry been very busy) and demanded the outstaning amount plus about £400. He would not explain this amount just told me very loudly that it was due. I am not sure what a levy is but he just came in, demanded money, was paid and left. there was no inventory of goods or threat to remove them.

 

As he was extremely large and would not listen to reason and looked very threatening, I paid him the amout he wanted.

 

I have recently contacted the council about this and received this reply:

 

 

 

 

Further attendance was made by the Bailiff at your premises on 19.12.09. At that time a Levy was carried out and a fee of £65.50 charged.

 

In addition to this a fee of £350.00 was charged for the attendance with a vehicle with a view to removing goods. The Schedule 3 notice of charges connected with distress states reasonable costs and fees incurred can be charged in this instance. As I have previously confirmed I am satisfied that these fees can be lawfully charged. Any issue you have with these fees or the level of them you must take up as a formal complaint to Equita.

 

What do you think folks?

 

Many thanks,

 

CCMAN

 

I am sorry but this is not correct.

 

In the first place you have stated that the bailiff attempted to charge you £650....the council are quoting £350. What is the explanation for the additional £300 !!!

 

The purpose of the visit is to "levy upon goods"and the bailiff can charge £24.50 for "attending to levy (where no levy was made". In other words, there was nobody at the premises. ALTERNATIVELY...he can levy upon goods and list these goods on a Notice of Seizure and apply a "levy fee".

 

The Court of Appeal case of Evans v South Ribble District Council made the point very clear indeed that a bailiff cannot apply an "attending to remove" UNLESS he has first gained entry and seized goods.

 

The local authority KNOW this.

 

Where is the Notice of Seizure and what has been listed? You need to DEMAND a copy.

 

Finally, the council will know that the statutory regualtions allow for a bailiff to appy "reasonable fees" for removal. £600 or even £350 is NOT reasonable and this has been tested by the courts in the case of Culligan v Marston Group.

Link to post
Share on other sites

is this SODC business rates, i have just solved my problem with paying this company and left it in the hands of CAB to find out where the charges have comes from as i only had 1 visit no entry, they want £100 for that, its wrong, Equita are a big problem when it comes to charges, the adviser i spoke to is on the board for SODC & CAPITA and bailiff charges and collection processes are a very hot topic at the moment, CAB werea godsend to me today.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...