Schedule 5, Header H

[sjrbyrozen]

I have been disputing Jacobs' fees with my local council, one of my issues being that a Sch 5, Head H fee was added to my account at the time that the levy was drawn up (no removal action taken yet).

 

I raised this with my local council and they said, I quote:

 

"Jacobs dispute your interpretation of the £49.00 fees listed. This comprised £24.50 as a first visit fee and a fee of £24.50 charged under schedule 5, header H as you state. This can be charged when goods are seized (i.e. a levy takes place but the bailiff does not have to physically remove and store goods in order to raise this fee). The fee was introduced through legislation in 2003."

 

Now, schedule 5, header H:

"Where no sale takes place by reason of payment or tender in the circumstances referred to in regulation 45(4): eithers - (i) £24.50 or (ii) the actual costs incurred, to a maximum of...."

 

This would suggest to me that the bailiff must have acted on the levy and then I must have settled the amount in full before the goods are sold? Am I completely wrong here or can they not charge me this fee until then?

[hallowitch]

i am sorry i cant do link to this post What are they playing at ? started by Santa Maria if you do a search you should find it

 

it will answer your question read what tomtubby has to say on this matter she is the expert and her advice should always be taken

[Slimrabbit]

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/213894-what-they-playing.html?highlight=santa+maria

 

This should be the link.

[Nom132]

I have been disputing Jacobs' fees with my local council, one of my issues being that a Sch 5, Head H fee was added to my account at the time that the levy was drawn up (no removal action taken yet).

 

I raised this with my local council and they said, I quote:

 

"Jacobs dispute your interpretation of the £49.00 fees listed. This comprised £24.50 as a first visit fee and a fee of £24.50 charged under schedule 5, header H as you state. This can be charged when goods are seized (i.e. a levy takes place but the bailiff does not have to physically remove and store goods in order to raise this fee). The fee was introduced through legislation in 2003."

 

Now, schedule 5, header H:

"Where no sale takes place by reason of payment or tender in the circumstances referred to in regulation 45(4): eithers - (i) £24.50 or (ii) the actual costs incurred, to a maximum of...."

 

This would suggest to me that the bailiff must have acted on the levy and then I must have settled the amount in full before the goods are sold? Am I completely wrong here or can they not charge me this fee until then?

As the fee is effectively charged for the return of the goods listed on the levy, to your control, this must happen when the bill itself has been settled. To action this exactly would mean waiting until you had paid the bill, then beginning proceeding for the extra £24.50, which would be legally owed in the same way as the debt, and enforcible by further, chargeable bailiff visits.

Edited March 10, 2010 by Nom132

[josephbloggs]

this fee is paid last only after all the debt is paid.

also there are only certain councils that allow the bailiff company to charge the sch 5 head h fee.

and like an levy fee this can only added if a levy has taken place.

so with regards your dispute, if a levy has taken place then they can add this to the file(s)