Bailiff VAT and credit card charges

[weeble13]

Hello

 

Can a bailiff, who is collecting council tax debt, charge VAT on his charges, such as waiting time, van fee, clamping fee etc., and also charge a credit card fee for using a credit card to pay him?

 

Many thanks in advance for any advice.

 

weeble13

[hallowitch]

no vat cant be charged on any bailiff fees when collecting council tax

The council tax administration and enforcement regulations do no allow for fees to be charges for waiting time, clamping fee

 

 

 

this fee i cant help you with

credit card fee for using a credit card to pay him?

[weeble13]

Hi hallowitch

 

I paid £100.00 to the bailiff and when my credit card statement came there was a further £2.50 fee added on. It is probably the 2.5% fee for the credit card transaction that he does not wish to pay for.

 

Thanks

 

weeble13

[hallowitch]

there was a post on here a long time ago (looked for it loads of times cant find it ) and a judge said they cant charge a fee for collecting payment but i think this was a debit card

 

 

 

Have you sent for a breakdown of your charges

 

have you been charged a waiting fee or clamping fee

[weeble13]

Hi

 

Yes, I have been charged a £120.00 waiting fee and a £140 clamping and van fee despite the fact that car did not belong to me and was released later after the owner became upset.

 

Thanks

 

weeble

[hallowitch]

Hi

 

Yes, I have been charged a £120.00 waiting fee and a £140 clamping and van fee despite the fact that car did not belong to me and was released later after the owner became upset.

 

Thanks

 

weeble

 

 

you should contest the charges

did the bailiff leave you a notice of seizure of goods and inventory listing the car before it was clamped

 

can you post up your charges with the dates they were charged

[ploddertom]

Hello

 

Can a bailiff, who is collecting council tax debt, charge VAT on his charges, such as waiting time, van fee, clamping fee etc., and also charge a credit card fee for using a credit card to pay him?

 

Many thanks in advance for any advice.

 

weeble13

 

If you have been charged VAT and it is listed as such on any notices you have I would inform HMRC ASAP with a copy of the said documentation - as long as you are positive this is for CT.

 

PT

[weeble13]

As with my first thread regarding the levies, the bailiff levied three times on the car but only one notice of distress on the car was left for one particular liability amount. I have since complained to the LA who have informed me that the bailiff was within his rights in respect of clamping the car etc.

 

Thanks

 

weeble

[hallowitch]

link to other thread regarding this

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/249840-separate-levies-car.html

 

let me get this right

the bailiff levied a car that does not belong to you charged you a levy fee van fee waiting fee and clamping fee and the council said it was correct and the fees could be charged

 

what bailiff company is this

 

I have since complained to the LA who have informed me that the bailiff was within his rights in respect of clamping the car etc.

 

do you have this in writing

[weeble13]

Hi ploodertom

 

Yes, the bailiff charges were for the collection of unpaid council tax.

 

weeble13

[weeble13]

Hello hallowitch

 

You are correct and yes, I do have the LA's response in writing. I would prefer not to name the bailiff company for fear of reprisal (I am a single mum with two young daughters) but I am prepared to take the necessary action against them, if the law allows.

 

Kind regards

 

weeble13

[hallowitch]

I have sent you a PM

[hallowitch]

the action you have taken so far is

you have received a breakdown of charges for all 3 accounts

 

you have complained to the council in writing (was this by e-mail or letter)

you have received the above reply

 

do you know the dates the liability orders were sent to the bailiff and the amount of each (confirmed by the council)

 

if a bailiff is collecting more than 1 liability order (all passed to them at the same time) only 1 set of fees can be charged bailiffs cant charge multiple fees

if this is the case and no goods belonging to you have been levied the most your bailiff fees can be are £42.50

 

 

if you don't want to post your account details from the bailiff on the main forum send them to me by PM

 

and if you don't mind i will send them to ploddertom(this is to confirm that any information that has to go in the PM from me is correct)

[weeble13]

Hi hallowitch

 

I will try and put the information requested together and will then PM you.

 

Thanks

 

weeble13

[RaeUK]

Hi weeble13,

You weren't, perchance, a single Mum when this was all going on? Just curious.

Best wishes.

Rae.

[weeble13]

Hello Kelcou

 

Yes, I am a single mother and was so at the time of the levies.

 

Kind regards

 

weeble13

[RaeUK]

Well, on top of or as well as any complaint you wish to make, remind the recipient(s) of the following:

 

At the time that this was going on you would have been classed as vulnerable under the National Standards for Enforcement Agents. :

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

Whilst these Standards aren't law, they are the standard that councils, bailiffs and courts should be working to. And should have been for the past 8 years...

If I were to make a Formal Complaint to the councils CEO I'd be requesting that his/her staff and contractors are re-trained to an up to date and professional standard.

 

 

Best wishes.

Rae.

Edited March 4, 2010 by RaeUK
type o

[High Court Enforcer]

Well, on top of or as well as any complaint you wish to make, remind the recipient(s) of the following:

 

At the time that this was going on you would have been classed as vulnerable under the National Standards for Enforcement Agents. :

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

FYI the actual wording is:

 

Those who might be potentially vulnerable

 

The OP should not assume that they automatically fall into that category as many on here would have her believe.

[RaeUK]

FYI the actual wording is:

 

Those who might be potentially vulnerable

 

The OP should not assume that they automatically fall into that category as many on here would have her believe.

 

That, my dear fellow, is why I leave the word 'might' in my qoutes. If you have read the thread you will note weeble is complaining after the fact. Therefore it is perfectly fair and valid for her to assume what might have been in order to emphasise the iniquities of the council and their contractors.

Should you read the occasional posts I make regarding the vulnerable you will note that I'm carefull to tailor my advice and interpretations of the Standards to each individual based on their apparent merits. This often includes researching various illnesses, disabilities and prenatal care...

I fear, on this occasion, your advice lacks potential.

Best wishes.

Rae.

Edited March 4, 2010 by RaeUK
tie poo

[thewakers7]

wrong post edited

Edited February 17, 2011 by thewakers7
wrong post

[thewakers7]

edited

Edited February 17, 2011 by thewakers7
wrong post

[caledfwlch]

if Bailiff's are charging VAT on services that do not attract it, then doesnt this became a matter for Customs and Excise/VAT Fraud?

[tomtubby]

if bailiff's are charging vat on services that do not attract it, then doesnt this became a matter for customs and excise/vat fraud?

 

yes.

[Thegreenpimpernel]

If they are passing the VAT onto HMRC they will just point out the error.

 

But if they are 'skimming' it for themselves...... oh dear oh dear, they will be in big trouble.