Urgent advice needed. Council tax and bailiffs

[seanamarts]

speak to the bailiffs, its now in their hands.

Thanks for your help and advice, will do as you suggested today.

The council ARE responsible for the actions of the bailiffs that they have contracted to retrieve this debt. They are obligated to investigate any wrong doings by a bailiff that is working on behalf of the council. Over charging by a bailiff is an investigatory matter and they are not allowed to just fob you off in way of telling you that 'its now in the hands of the bailiff'.

 

Get a letter off to the council and head it with COMPLAINT AGAINST BAILIFF CONDUCT AND OVERCHARGING. They can only charge you for a first and second fee regardless of how many times they have been or how many liability orders thay have on you.

please get intouch with these people, I have heard great reports from them and have helped many people out in your situation

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

Also write to the bailiff company with a complaint etc and tell them if they do not investigate this matter in its fullest entirety then you will put forward a form 4 against both the attending bailiffs.

[echowitch]

They are only allowed to charge ONE first visit charge of £24.50, and ONE second visit charge of £18

 

The van fee is a common trick from Bailiffs wanting to up the money they make as they only make money from what charges they add on top.

 

Contest the Van fee, Levy Fee, and the Redemption fee as unlawful and illegal charges that they are not allowed to charge. Threaten them with a Form 4 complaint if they don't remove/refund the charges.

 

What state is your situation currently at ??

[Jach]

That list of a million things to do must be much similar to mine lol!!

 

You should be aiming for getting ALL unlawful fees back, and there are ways of doing it, final resort of course being a Form 4 Complaint, but that is perhaps a little way off just yet. Happy hunting.

 

 

Have just recieved (from council) a breakdown of my council tax account!!!! I owed more than I thought oops ! I am in the process of trawling through it (my mind sees figures and goes blank) but will post it up asap (need help with this from my OH). As much as I can see so far, only having had a quick look, the bailiffs have charged me £500+ on a debt of £1,241. And there are visits I knew nothing about!!! But as I said will post it up for someone far more knowledgable than me to comment/advise on!! Thanks yet again for your help

[Jach]

They are only allowed to charge ONE first visit charge of £24.50, and ONE second visit charge of £18

 

The van fee is a common trick from Bailiffs wanting to up the money they make as they only make money from what charges they add on top.

 

Contest the Van fee, Levy Fee, and the Redemption fee as unlawful and illegal charges that they are not allowed to charge. Threaten them with a Form 4 complaint if they don't remove/refund the charges.

 

What state is your situation currently at ??

 

Thanks for yr reply. I have to pay bailiffs £80 at the end of this month, then £50 for 4 months.............then account should be clear. I have already paid them £679.22 in cash at Bristow & Sutor office, (this was our reaction following a levy being pushed through the door,was very naive and had no knowledge of this forum at the time ), and £800 paid when they gained peaceful access and threatened to take my partners goods that were his before we even met, and the debt was mine only, incurred before we met!

[Jach]

The council ARE responsible for the actions of the bailiffs that they have contracted to retrieve this debt. They are obligated to investigate any wrong doings by a bailiff that is working on behalf of the council. Over charging by a bailiff is an investigatory matter and they are not allowed to just fob you off in way of telling you that 'its now in the hands of the bailiff'.

 

Get a letter off to the council and head it with COMPLAINT AGAINST BAILIFF CONDUCT AND OVERCHARGING. They can only charge you for a first and second fee regardless of how many times they have been or how many liability orders thay have on you.

please get intouch with these people, I have heard great reports from them and have helped many people out in your situation

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

Also write to the bailiff company with a complaint etc and tell them if they do not investigate this matter in its fullest entirety then you will put forward a form 4 against both the attending bailiffs.

 

Thanks for your reply/advice,very much appreciated. I am about to put together a letter of complaint to council now I have recieved the details of my account from them. Also I will complain to B&S, however , I don't want to **** them off too much in case they cancel the arrangements in place with them, then they return to remove goods. I understand they can force entry once they have gained peaceful entry, and couldn't cope with that

[Slimrabbit]

If you haven't done already i would send off for a Subject Access Report to find out exactley what they have charged you, when they applied it to your account etc. Remember to ask for a FULL COMPUTER SCREENSHOT as well and enclose the £10.00 fee that they will ask for.

[Jach]

If you haven't done already i would send off for a Subject Access Report to find out exactley what they have charged you, when they applied it to your account etc. Remember to ask for a FULL COMPUTER SCREENSHOT as well and enclose the £10.00 fee that they will ask for.

 

Thanks.Will do, though on the statement of my account I recieved from the council today it appears the Bailiffs' charges are on there. Will post my account details on here asap , probably be in a couple of hours (waiting for my OH to help) .

[Slimrabbit]

The screenshot will show when they made the visits etc ive just had mine through and it clearly shows they had added 200+ in charges some three months before the alledged levy. This is the information that the bailiffs have on you not the council.

[Jach]

The screenshot will show when they made the visits etc ive just had mine through and it clearly shows they had added 200+ in charges some three months before the alledged levy. This is the information that the bailiffs have on you not the council.

 

Thanks again! I will write a letter requesting a screenshot of my account with them (have seen a template on here and bookmarked it), I shall hand deliver the letter to them along with the £10 fee,I have to pay them money anyway this month which I had already decided to pay in cash to their office, (I cannot trust them using any other method).

[Slimrabbit]

I to hand delivered my SAR to them, the £10.00 is for the SAR not the SCREENSHOT this is extra info you want, i would advise that for the extra pound it would cost that you get a postal order for the SAR and make sure in your letter to them that the money is only to be used for this purpose and not for clearing any debt or go towards any fees.

 

I'm not saying for one minute that they might try and rob you or allocate it to the wrong account.

[Jach]

I to hand delivered my SAR to them, the £10.00 is for the SAR not the SCREENSHOT this is extra info you want, i would advise that for the extra pound it would cost that you get a postal order for the SAR and make sure in your letter to them that the money is only to be used for this purpose and not for clearing any debt or go towards any fees.

 

I'm not saying for one minute that they might try and rob you or allocate it to the wrong account.

 

Thank you, I thought the SAR and the sreenshot were one and the same, sorry to appear dumb , but what is the difference!!!!???

Yes yr right a postal order with enclosed letter stating as you said "...is only to be used for this purpose and not for clearing any debt or go towards any fees", is prob the better method.

My one problem is that I don't want to **** the bailiff company off too much at this point, as I have to adhere to arrangements already in place, (can't risk them cancelling it because they have already gained peacful access to my property once, next time I believe they can enter by force). I do not want to give them the excuse to cancel the present arrangements and continue with their bullying.

[Slimrabbit]

If you have an agreement with them at the moment and you are sticking to your payments then they cant do anything to you. Without the SAR and screenshot they are holding all the balls because you don't know what info they have on you.

 

A Subject Access Report is the information they have on you and under the data protection act they must provide within 40 days, the SCREENSHOT is a computer prinout that should detail every phoncall you have made, when the bailiff called round what colour your door is etc etc. It is a vital piece of information should things escalate to Form 4 level and complaints to the court.

[Jach]

If you have an agreement with them at the moment and you are sticking to your payments then they cant do anything to you. Without the SAR and screenshot they are holding all the balls because you don't know what info they have on you.

 

A Subject Access Report is the information they have on you and under the data protection act they must provide within 40 days, the SCREENSHOT is a computer prinout that should detail every phoncall you have made, when the bailiff called round what colour your door is etc etc. It is a vital piece of information should things escalate to Form 4 level and complaints to the court.

 

Thanks for clarifying that for me, I'm learning more everday on here! I know I have to pay £10 for the SAR, any idea how much for screenshot?

[Slimrabbit]

As the screenshot is not covered by the data protection act there can be no charge for this but you must ask for it.

[Jach]

As the screenshot is not covered by the data protection act there can be no charge for this but you must ask for it.

 

Thank you, I will be requesting the screenshot! I wouldn't expect them to have to comply though

[Jach]

Here is a copy of my account, recieved today from South Staffs Council. ARRGGHHH! Complicated, but think I'm getting there!

 

 

 

 

Council Tax Charge 01/04/06-31/03/07 £971.37dr

Student Only Dwelling 01/04/06-31/08/06 £407.39cr

Single Occupier Discount 01/08/06-23/09/06 £15.31cr

Court & Local Authority Costs £43.00dr

---------------

Balance £592.17dr

---------------

Liability Order 17/05/07 Account 1 £592.17

Bailiff fees First visit 02/12/08 £24.50

Second Visit 31/12/08 £18.00

Levy Fee 15/01/09 £44.00

Redemption Fee 15/01/09 £24.50

Levy Fee 02/06/09 £44.00

 

Payment Recieved Bristow&Sutor 26/09/09 £546.72cr

£200.45

 

Van Fee 09/09/09 £230.00

Card Transaction 09/09/09 £32.00

Payment made via credit card 09/09/09 £462.45cr

Balance £000.00

 

 

Council Tax Charge 01/04/07-31/03/08 £1018.33dr

Benefit Entitlement £918.17cr

Balance £100.16dr

 

Court & Local Authority Costs £27.00dr

Payment Recieved 01/11/07 £127.16cr

Balance £000.00

 

Benefit recharge £606.55

Court & Local Authority Costs £ 43.00

Total £649.55

 

Liability Order 22/05/08 Account 2. £649.55

 

Bailiff Fees First Visit 02/12/08 £24.50

Second Visit 06/01/09 £18.00

Levy Fee 15/01/09 £45.00

Levy Fee 02/06/09 £45.00

Payment Recieved Bristow&Sutor 26/06/09` £132.50cr

Payment Recieved Bristow&Sutor 09/09/09 £369.55cr

Balance £280.00dr

 

 

Arrangement made (with B&S) £80.00 due 30/09/09 followed by 4 monthly instalments of £50.00

Edited September 22, 2009 by Jach