Council tax debt help, please.urgent(dealing with the Chandlers bailiffs)

[ppetrol]

Yesterday we received a notice from Chandlers Ltd. bailiffs for unpaid council tax.The amount of the real debt is £1498.33 and now we got a notice from the bailiffs demanding a sum of £1583.33 plus an amount of £381.25 on top of the original amount.

 

Apparently, they have two different orders, one for the sum of £218.75 and the other for the sum of £1279.58.

The bailiffs claim to have visited our premises on 17/10 this year, but we haven't received any notice of that visit yet they claim to have left a notice of their visit in to our mail box.

We offered to pay them the amount of £1583.33, but they refused that arrangement.

We were also in contact with the council, but they refused our offer to pay the debt directly to them and said that we have to deal directly with the bailiffs instead of paying the money to them.

 

The person who we spoke to this morning in the Chandlers Bailiffs' told that if we don't pay the amount of £381.25 today before 4pm, they're going to come in and remove all the goods.

And only after we have payed the £381.25 we can start negotiating the payment plan for the remaining £1583.33.

 

They have never been inside our house and no walking possession agreement has been made, this is the first time we've been in contact with them as we haven't heard of them before the notice we received yesterday, and yet they are threatening to remove our goods straight away.

 

So, suddenly our debt of £1498.33 has turned in to a debt of almost 2000 pounds.This sounds a bit dodgy, and I'd like to know are they trying to charge money from us that they are not actually allowed to charge?

 

Thank you.

[Guest Happy Contrails]

So, suddenly our debt of £1498.33 has turned in to a debt of almost 2000 pounds.This sounds a bit dodgy, and I'd like to know are they trying to charge money from us that they are not actually allowed to charge?

 

Thank you.

 

You are right, its dodgy - and its illegal!

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.50 for a first visit. He can charge a further £18 for a second visit (if genuinely made). No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

If a bailiff defrauds you with his fees then he commits an arrestable offence under Section 2 of the Fraud Act 2006. It is called fraud by false representation.

 

The following procedure currently has a 100% success rate. The letter below asks the bailiff to pass a truth-test about his fees. Three things can happen:

 

1) The bailiff can try to convince you his fees comply with legislation – and you have a written confession he intended to defraud you

2) He can refund you – this is called mitigation the bailiff intended to defraud you, and accepts the opportunity to put things right

3) No reply – you can proceed with litigation against bailiff and council.

 

In any event, you have the bailiff with pants at half mast

 

The Bailiff Company

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

Copied to: [NAME OF COUNCIL]

 

Send a copy of the letter to the council along with a copy of the bailiff’s fee document.

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

[ppetrol]

Thank you so much! The information was very helpful! I cannot believe these crooks! Thank you!

[hallowitch]

Apparently, they have two different orders, one for the sum of £218.75 and the other for the sum of £1279.58.

 

find out from the council the date both liability orders were passed to Chandlers Ltd they cant charge multiple charges for collecting more than 1 liability order at the same time

[Anin]

This is almost exactly what is happening to us right now! Except that it is phoenix commercial collections. It is so upsetting and I think the worst bit was that I tried to make a payment plan with the baliff but he refused and was just the **** of the earth!