Bailiff Charges

[Acropolis]

Can I just double check I am correct on the following charges a bailiff can charge for a council tax debt.

 

This assuming no walk in possesion order has been done

 

first visit £24.50

secon visit £18

 

and nothing else after.

 

if they have levied on a vehicle, but not yet taken it, can they then impose higher charges?

 

If it turns out they can not take that vehicle, because it isnt mine, I then assume that any additional charges they have applied then become null and void, as does the levy/form 7 they issued, and it reverts back to the origanal standard charges.

 

If I am correct in this, what form of proof would a bailiff accept that the vehicle isnt mine? how about an email PDf of the vehicle registration document, and a letter from the hire company stating it is owned by them and on long term hire to the company i work for, (which i happen to also own, and it is a Ltd company not sole trader)

 

If assuming the above is correct, could someone point me in the direction of an "offical" webstite, ie something goverment or HMCS that will verify this. As I has another chat over the phone with the bailiff this afternoon and again he is insisting his charges of jut over £250 are correct, but refuses to tell me what they are for until the debt has been paid in full, and their offices refuse to even speak to me, and just put the phone down.

 

dont think I have ever been hung up on so many times in my life.

[hallowitch]

PDf of the vehicle registration document, and a letter from the hire company stating it is owned by them and on long term hire to the company i work for,

yes send them hire agreement

visit £24.50

second visit £18

and nothing else after

there can be no more charges if the bailiff doesn't have a valid levy

 

http://www.parliament.uk/commons/lib/research/briefings/snha-04103.pdf

[comebackjimmy]

Hi

 

Here are a couple of tips:

 

1. Many councils are worried about the behaviour of bailiffs. Look on your local council website to see if they have put up anything about bailiffs. My own local council is for example worried about bailiff behaviour and has a policy of approaching all tax payers who have been approached by council contracted bailiffs to make sure they follow council policy.

 

2. There is a contract between the bailiffs and the Council. See if you can get hold of a copy. It might prove that the bailiffs are acting outside their contract and therefore breaking their contract. Might be useful.

 

3. Each bailiff trying to collect must be registered with the MOJ and (I think but hopefully other CAGers will confirm) must be employed by the bailiff company. Check the identity of the bailiff on the paperwork he has left then check with the MOJ website if the bailiff is correctly registered. If it looks like he isn't give the MOJ a call (Their website is not always up to date). If the bailiff that called on you is not registered with them then he is not allowed to collect and no charge is payable.

 

4. You are legally required to pay the council tax but you are not legally obliged to deal with the bailiffs. Presuming you want to pay put together a repayment plan, offer it to the council and start paying. Use their website to pay which they wont refuse. In the letter ask the council to take back the account and cite the unreasonableness of the bailiff.

 

(I have some template letters I have successfully used if you want to take a look).

 

Good luck.

[diybird]

PDf of the vehicle registration document, and a letter from the hire company stating it is owned by them and on long term hire to the company i work for,

yes send them hire agreement

visit £24.50

second visit £18

and nothing else after

there can be no more charges if the bailiff doesn't have a valid levy

 

http://www.parliament.uk/commons/lib/research/briefings/snha-04103.pdf

what do they class as a vaild levey?

[hallowitch]

for a levy to be valid

 

the goods must belong to the debtor (not on HP finance or leased)

there must be no goods that are on the exempt list

the goods must be named on the levy (bailiff cant wright all goods except exempt exempt goods)

the goods levied must be enough to pay bailiff charges and portion of the original debt

the bailiff hasn't levied excessively (if the debt was £500 and he levied a car value 5k and went on to levy other goods TV DVD etc this would be excessive as the car would have been enough to pay of the debt and fees )

the bailiff must sign the Levy

the bailiff must be certificated

the bailiff charges for this must be on the levy

[Acropolis]

So how would people recomend I proceed with this one.

 

They turned up last monday 18/01/2010 and levied on the car which has been established they are not allowed to. Despite the fact I was in and the bailiff saw me through the window, they made no attempt to talk to me about his and just pushed the form 7 through the door, with a note saying they would be back to remove the following day.

 

Spoke to bailiff on 2 occasions now and have recieved nothing but bad attitutde, rudeness and threats to remove the vehicle despite been told it is not mine.

 

they have added charges to the account in excess of the £42.50 they are entitled to, but refuse to give me a breakdown of these charges until the debt has been paid.

 

levy excessivley - they levied on teh vehicle although it was illegal, which is worth around £26,000 as its brand new, granted I appreciate it wouldnt fetch this much at auction, but considering the debt is only £839 would this class as excessive? Could i make a complaint for illegal and excessive levy, or does the fact that the levy was illegal, mean it is not valid and therefore not excessive as well?

 

I have written to the council and I am awaiting their response on the issues I have rasied.

[hallowitch]

levy excessively - they levied on the vehicle although it was illegal, which is worth around £26,000 as its brand new, granted I appreciate it wouldn't fetch this much at auction, but considering the debt is only £839 would this class as excessive? Could i make a complaint for illegal and excessive levy, or does the fact that the levy was illegal, mean it is not valid and therefore not excessive as well?

 

this would not be classed as excessive as it was the only thing the bailiff could levy

no point in talking to the bailiff you must put everything in writing(recorded delivery) to both the bailiff company and the council

you will have to make a formal complaint send them both a copy of the lease agreement ask the bailiff and the council to confirm in writing all charges connected with this levy are removed

ask both for a copy of there complaints procedure

[tomtubby]

So how would people recomend I proceed with this one.

 

They turned up last monday 18/01/2010 and levied on the car which has been established they are not allowed to. Despite the fact I was in and the bailiff saw me through the window, they made no attempt to talk to me about his and just pushed the form 7 through the door, with a note saying they would be back to remove the following day.

 

Which company is this?

 

Spoke to bailiff on 2 occasions now and have recieved nothing but bad attitutde, rudeness and threats to remove the vehicle despite been told it is not mine.

 

He is well aware that he MUST provide a breakdown of fees and charges.

 

 

they have added charges to the account in excess of the £42.50 they are entitled to, but refuse to give me a breakdown of these charges until the debt has been paid.

The purpose of the visit was to "levy upon goods" and this is all that he can charge for. He CANNOT apply a visit fee at the same visit. What charges have been applied?

 

 

levy excessivley - they levied on teh vehicle although it was illegal, which is worth around £26,000 as its brand new, granted I appreciate it wouldnt fetch this much at auction, but considering the debt is only £839 would this class as excessive? Could i make a complaint for illegal and excessive levy, or does the fact that the levy was illegal, mean it is not valid and therefore not excessive as well?

 

He could well be accused of "excessive levy". If there were no other goods of a lesser value available to levy upon, then the bailiff cannot be accused excessive levying....however.....as you have stated, he did not knock at the door as therefore if he had of gained peaceful entry he could have levied on items of a lesser value. He did not even attempt to gain entry.

 

I have written to the council and I am awaiting their response on the issues I have rasied.

 

In writing to the council you MUST ensure that you mark any letter for the attention of the CHIEF EXECUTIVE and mark it is a FORMAL COMPLAINT.

 

If If as you say the vehicle is owned by a Hire company then it is a simple matter of writing a formal letter to the council with proof and you need to ensure that you ask that ALL CHARGES associated with this levy are removed and replaced with a visit for of just £24.50.

 

ALL CHARGES MUST BE REMOVED.

[Acropolis]

Thanks guys, does anyone have a template of a letter to send?