Council Tax Issue - Bailliff at Door

[blackstar500]

I owe the sum of £650 an outstanding council tax - A liability order was granted in 16/07/09 but made an arrangement of to clear the balance but now have an outstanding of £290 which has now be passed to bailiff. The bailiffs now want an additional £181.50 . My gripe is that this is the first time i have heard from the bailiffs and how can they justify that sum . A letter which included a formal notice and Notice of distress was put through my letter box. I am now in position to pay off the balance but cannot afford to pay 181.50 . I read some where it details the charges a baliffs can charge. Someone please help.

Edited March 21, 2010 by blackstar500

[dx100uk]

a total of 42.50 only!

18 & 24.50 visits 1 & 2.

 

if you can pay

then pay the council direct by internet banking and stuff the bailiff fees.

 

dx

[blackstar500]

Thanks to dx100uk

 

If i pay over the internet - do I need to write to any of the concerned parties

[dx100uk]

no just wait for the pratt to call and tell him it was already paid direct to the council.

 

dx

[blackstar500]

no just wait for the pratt to call and tell him it was already paid direct to the council.

 

dx

 

 

Thanks again - just worried about my car - which always parked on drive - Hope it wont be towed away - Can bailiffs tow one's car - when one is not at home - Any ideas on the rules on that

[RaeUK]

Hi blackstar.

Personally, if you are able, I would pay the full amount owed to the council direct to the council online. I would also pay the additional £42.50 which is the bailiffs legitimate fee. This way he cannot chase you for anything and the matter resolved.

Best wishes

Rae.

[blackstar500]

Thanks to Kelcou

 

I have paid the council tax off - but the only thing i have ever received is a formal notice/ Notice of distress ( which i classify as a first visit) - On the notice Inventory section - My car is listed as goods to seized or to be seized

[dx100uk]

Thanks to Kelcou

 

I have paid the council tax off - but the only thing i have ever received is a formal notice/ Notice of distress ( which i classify as a first visit) - On the notice Inventory section - My car is listed as goods to seized or to be seized

 

we'll you didn't say that did you..........

 

your car is then at risk.

 

you now need to ask the bailiff co. for a screen shot of his 'charges' as you think they are 'fraud'

 

 

do some reading in a few of the other threads here.

 

dx

[blackstar500]

Any ideas on letters i can use - currently searching the site

[ploddertom]

Thanks to Kelcou

 

I have paid the council tax off - but the only thing i have ever received is a formal notice/ Notice of distress ( which i classify as a first visit) - On the notice Inventory section - My car is listed as goods to seized or to be seized

 

 

Is the car legally yours. Have they listed it correctly, make & model, reg no etc. Is it on any type of finance particularly HP. Is it a business vehicle? On the Notice of Seizure have they listed any charges or on any other subsequent piece of paper.

 

PT

[blackstar500]

Thanks ploddertom

 

Yes the car is legally mine - fully paid for - although i use it because i am self employed - The car details are hand written on the notice of distress -

on the notice it says - Council tax owed / 290 - bailiff charges - 181.50

[ploddertom]

Thanks ploddertom

 

Yes the car is legally mine - fully paid for - although i use it because i am self employed - The car details are hand written on the notice of distress -

on the notice it says - Council tax owed / 290 - bailiff charges - 181.50

 

Is the vehicle insured for business use and are you the sole user?

 

PT

[blackstar500]

Hi - not insured for business use

[blackstar500]

if send i a subject access - even do i have paid the CT online - will that stop any further action or charge untill mattered is sorted out

[ploddertom]

Hi - not insured for business use

 

That may be a shame, however there may be a chance he has overcharged you on the fees, I think hallowitch is the one to work that out - hopefully she shouldn't be too far away.

 

A lot now will depend upon how the Council appropriate the monies you have paid. Some Councils pay the Bailiff first and the balance comes off what you owe. Some will say your account is clear but you must pay the bailiff yourself. If it is the second option then he cannot charge you further fees for collecting his fees he may have to take you to County Court for these if they won't negotiate - that is why if the fees he has charged are wrong then you have a bargaining tool. You can of course tell him to take a walk.

 

PT

[ploddertom]

Sorry, hadn't realised this has been going on since last year, there are probably other charges from when he first appeared on the scene to take into consideration. Was your car ever there on previous visits?

 

Send the Bailiff the following - adapt to your own needs and send by email & letter:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Statement of my account including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

I've put this in here as i belive you need to get an accurate view of what is being charged. You should also ring the Council and ask how much the Liability Order was for and how much is still outstanding.

 

PT

[blackstar500]

Thanks - plodderton - No visit at all apart from letter from the council that the matter would be passed to the baliff in 14 days that was in December . This is the first i am hearing from the bailliff - i am surprised did not even receive any first letter

[ploddertom]

The following is taken from another website:

 

Council Tax

The Bailiff visits the premises but does not gain entry:

1st visit - £24.50

2nd visit - £18.00

The Bailiff gains entry, lists and takes 'possession' of the goods (the goods are not necessarily removed).

 

Debt less than £100 - £24.50

Where the debt is over £100 it is calculated thus: 22.5% on the first £100 of the sum due, 4% on the next £400, 2.5% on the next 1,500, 1% on the next £8000 and 0.25% on any additional sum.

The bailiff makes one attendance with a vehicle and intends to remove goods (where the bailiff has previously gained entry, listed, taken 'possession' but not removed the goods): reasonable costs and fees.

The bailiff removes and stores goods reasonable costs and fees.

The bailiff takes walking possession of the goods (the debtor has signed a walking possession agreement) - £12.00.

 

As I say I'm not up to working the percentages out but according to my calculations the levy fee should only be about £30 so where all the extra comes from I don't know. Don't take this as gospel though until someone else has had a look.

 

PT

[hallowitch]

this is you bailiff charges without a van fee

going by your bailiff charges you have been charged a van fee

as PT says you need the breakdown with dates for each charge

I have never known a bailiff charge less than a £100 for a van fee but there is every possibility you have not been charged the 2nd visit fee

 

1st visit fee £24.50

2nd visit fee £18

walking possession fee £12

levy fee £32.10

total £86.60

[blackstar500]

Thanks to everyone - sent a subject access letter to the bailffs and My local councillor who has forwarded to the chief execs - Anybody know what impact that will have. In the mean time - I am thinking a setuping a db with baliff to stop the charges increase - i welcome more ideas

[ploddertom]

Wait now and see what responses you get.

 

PT

[blackstar500]

Response from the Council

 

A detiailed review has been undertaken by the bailiff company and I can confirm the following action was taken by them.

They instructed bailiff to call at your premises in order to discuss payment with you and a visit was made on the Thursday 28 January 2010. Acesss was not available and as such baliff placed a notice through your door to state he had called . A charge of 24.50 had been made for this visit. The letter requested you should contact the bailiff immediately to negotiate settlement to avoid further action.

B - No contact was made and therefore a further visist was on Thursday 4th febraury 2010, again no contact was available and correspondence was left advising an additional 18.00 fees had now been incurred and that bailiff intended to return and remove goods if payment or contact was not made

C- No reponse or payment was received so the bailiff was left with no alternative but to return on Saturday 27 feburary. He called with a van with the intention of removing goods if an arrangement or payment was not made as advised in the correspondence that was posted through your door on the 4th of feb.

D-Again access was not available to remove goods from the premises and the bailiff noticed a Mercedes on the drive that had been there on his previous visits to the premises so a levy was made on this vehicle. Appropriate documents confirming his action were posted through your letterbox.

When making visits to levy the bailiff will call with a van to remove goods from the premises if required and will make contact with removal vehicles etc as required.

the cost raised by the bailiff have all been in accordance with the charging structure shown on rear of the notice sent to you on the 29th December

Having reviewed the case I am satisfied the charges have been raised appropriately as three visits had been made to your property and not one as stated in your correspondence.

With regard to the Evans v Ribble case this relates to a situation where a bailiff had attempted to levy on goods and make a charge for this but had not physically entered the property which of course is not appropriate. However a levy can be performed on items outside a property.

[blackstar500]

Reponse from the balififf company

 

You have been charged for our representive attendance with van following a levy being taken against goods. Our representative has attended the address supplied on the 27.10.10 with a van with the intention of removing goods to satisfy the debt. Upon his attendance to the address supplied our rep has neither been able to gain a response from within the property no could they gain peaceful entry. Our rep has noted that a vehicle was parked which was sighted on his previous visit. He has subsequently levied upon the vehicle have reasonable belief that it belonged to the name debtor. Therefore the enforcement fee of 105 and levy fee of£34 has been raised and applied correctly to your file.as we are able to make charge for a bailiff attendance with a vehicle following a levy made upon your property

 

Please be advised that the statement of account and screenshot you have requested are considered to be a subject access request under section 7 of the data protection Act 1998 and you shall need to forward a payment of £10.00 before we are able to act upon your request

 

All our bailiffs are certificated at court and employed to work of newlyn PLC. They work under our instructions and upon work that we give them. We are unwilling to provide the bailiffs name and court details at this time as we believe this request to be vexatious and unnecessary, and his actions are based on instructions given by the office and form part of the our standard. We believe that by taking our bailiffs certificate details you would be looking to issue a form 4 complaint against him as an individual. If you have reason to believe that the bailiffs as an individual has acted incorrectly and not upon our instruction. Please advise

[blackstar500]

Update

 

1. Requested a subject access

 

2. On the letter from the baliffs the vehicle registration is incorrect

 

3. Never recieved any 1st or 2nd or 3rd Correspondence - only communication was bill of £181

 

Please help - Cheers

[dx100uk]

two things from my limited brain.

 

they cannot levy & charge van fees on the same visit. [as all i have read shows they did not issue a levy on the car on visit 2 just 'noticed' it was there]

 

so both the council & the bailiffs dont know what they are talking about.

fees for third visit are illegal as a previous levy was not done.

 

as for needing £10, thats bull too, i have never known the latter from post 16 to get this response. you are intitled to all the info you asked for FOC

 

thats my comments, someone is trying it on here .... nothing unusual.

 

i notice the bailiff ci makes no comment about the first 2 visits either.

 

flippin leechers!!

 

dxd