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I made an agreement with bailiffs to repay council tax back at £25 per month. I received a notice through my door saying that Last months payment was never received by them, which I can only put down to the postal strike, and I noticed that the amount owing had gone up. Guess this was due to their charge. I cancelled the cheque at my bank as soon as I found out and contacted the bailiff. I had received my new bank card by that point and was offering to make the payment via debit card. They said that I defaulted on my payment arrangement so therefore had to pay the amount in full. They then gave me the number of the enforcement officer dealing with my case. I rang him and left a message asking him to call me back.

 

The next day I'd had no response, so rang again another twice and left two more messages. I returned home that evening, to find another notice through my door, saying they had been round, and the payment had increased even further. I rang him again, but still no response, and in the following 24 hour period, I rang him a further three times and left messages. Got home again the next day to yet another notice, and a further charge.

 

The next day I refused to leave messages, and kept ringing until the bailiff answered. He said again that the full amount needed to be paid, and that he was coming to seize goods. I had allowed a bailiff into the property on a previous occasion and he had made a list of items which could be seized, which consisted of a mobile phone and kettle. The current bailiff, stated that he had no evidence of such a list being made, and said he was coming to take anything and everything. He also stated that as I had previously allowed a bailiff entry, they had a right to break into my flat.

 

I tried contacting the council to ask them to reclaim the debt, as I felt the bailiffs were being unreasonable, by not returning my calls, which i felt was an attempt on their behalf to up their costs! Unfortunately our council only hold an open day once a month regarding issues like these, and it was three weeks away, so I went ahead and got a friend to let me use their credit card in order to pay the debt.

 

Is there any way that I can reclaim some of these unscrupulous charges back from the bailiff?

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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the first thing you must do is write to the bailiff company and ask for a screenshot of your account

a screenshot is a breakdown of charges that gives you the reason for the charge the time&date the charge was added and the name of the bailiff that added the charge

also get in touch with the council and ask for the exact amount of the liability order and the date it was passed to the bailiff company

 

do you still have a copy of the walking possession agreement

did you send the cheque by registrar post if yes do you still have the receipt

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I am presuming this is for council tax. If so then what the bailiff has done is very wrong.

A bailiff can only charge for two visits where a levy has not been made.

£24.50 first visit

£18.50 second visit.

If the bailiff has no evidence of a levy being made then you cannot be charged for a levy.

You need to write to the bailiff company and ask for a breakdown of all the bailiff charges. Your friend can do what I think is a charge back on their credit card to get the money paid back into their account, i dont know how to do this so cant help there. I also suggest you write to your council, heading it complaint about bailiff charges and conduct. Keep us informed of how you get on :)

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the first thing you must do is write to the bailiff company and ask for a screenshot of your account

a screenshot is a breakdown of charges that gives you the reason for the charge the time&date the charge was added and the name of the bailiff that added the charge

also get in touch with the council and ask for the exact amount of the liability order and the date it was passed to the bailiff company

 

do you still have a copy of the walking possession agreement

did you send the cheque by registrar post if yes do you still have the receipt

You beat me every time miss witch, it must be that time of year ;)

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Not sure what you mean by a levy - it had gone to a court and an order had been granted to the bailiffs. Could you explain a levy for me?

 

Yes I do still have the walk in possession agreement, but I did not send the cheque recorded or registered post. However, I guess the bank can confirm that I did in fact cancel the cheque.

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Just checked my walk in possession agreement again and the costs are as follows.........

 

£228.90 Debt to council

£31.00 Levy Fee

£12.00 Walk in possession fee

£24.50 Attendance Costs

Total £296.40

 

I had since paid £25 off that amount which would amount to ££271.40 yet the final amount the bailiffs wanted was £434.00.

 

~I have just spoken to the bailiffs who have confirmed they charged me a £100 attendance fee ( for putting a letter throught the door, threatening me with seizure of goods if i did not pay in full) - this is illegal right??

Edited by amartin1908

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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£31.00 Levy Fee on a debt of £228.90 levy fee should be £18

£24.50 Attendance Costs was this added on the same day as levy & walking possession fee ( if it was it cant be charged)

I had since paid £25 off that amount which would amount to ££271.40 yet the final amount the bailiffs wanted was £434.

your extra charge of £158.60 will be for a van/attendance fee for the missed cheque

 

can you list the goods on the walking possession agreement there is a list of exempt goods

 

is the bailiff certificated www.hmcourts-service.gov.uk/CertificatedBailiffs

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

 

this list is not 100% and he must be certificated to the company he collecting for or self employed (no company name next to his) if you cant find him on list phone

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The £24.50 attendance cost was added the same day that they did the walk in possession agreement.

 

The bailiff has just confirmed there was a £100 attendance fee charged for a visit on the 21st of September, when the bailiff apparently turned up with a van to seize goods. However, I have no proof that he appeared with a van, and he put a letter through the door stating I pay up or further action would be taken ( i no longer have this letter). He could have turned up on a push bike for all I know. Also he told me over the phone on the day I paid the full amount, that he had booked a van for the friday of that week, so best pay up or else kind of thing.

 

Also to note, all the letters i received through the door, showed an amount outstanding to be paid, but no details of any further charges. It did mention that there would be charges, but I thought through reading things online, that they needed to clearly detail all current charges and all future charges?

 

Yes the bailiff is certified

 

The goods listed were my mobile phone and a kettle

Edited by amartin1908

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Also to note, all the letters i received through the door, showed an amount outstanding to be paid, but no details of any further charges. It did mention that there would be charges, but I thought through reading things online, that they needed to clearly detail all current charges and all future charges?

you are correct in what you are saying

 

send a letter (recorded delivery )ask for your screenshot

and check the list of exempt goods against your walking possession agreement

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Just out of interest, as I no longer have the letters he put through the door, (partly typed partly handwritten), will the bailiffs office have a copy? I want proof that I was not given a detailed breakdown of the fees

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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Just out of interest, as I no longer have the letters he put through the door, (partly typed partly handwritten), will the bailiffs office have a copy? I want proof that I was not given a detailed breakdown of the fees

 

 

i don't know if the bailiffs office will have a copy of this but i would think they would have to keep a copy

 

you may have to send them a subject access request to get it (if they do have a copy) and this will cost you £10

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