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Hi All, a bit of advice please. Currently been dealing with these for a council tax debt. Total amount of 346.00 including the fair visit fees.

 

Here is the issue. We made the 300 quid payment in cash to him, advised him with notice we were struggling to pay the extra 50 quid. Not much i know, but we couldnt get this. Threats started with repossession etc. Any way, this was on the Tuesday we paid the 300. I only wanted till payday (the Friday). For this, he has agreed to give me till then, but charged me £60 for the privalige. Can he legally do this. He has entered the home peacefully, i had nothing to hide and was willing to pay. He has made no levy of any kind, no walking possesion of any means. Can he make this extra charge? It is more than i owe?

 

Thanks in advance

 

Danny

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Hi All, a bit of advice please. Currently been dealing with these for a council tax debt. Total amount of 346.00 including the fair visit fees.

 

Here is the issue. We made the 300 quid payment in cash to him, advised him with notice we were struggling to pay the extra 50 quid. Not much i know, but we couldnt get this. Threats started with repossession etc. Any way, this was on the Tuesday we paid the 300. I only wanted till payday (the Friday). For this, he has agreed to give me till then, but charged me £60 for the privalige. Can he legally do this. He has entered the home peacefully, i had nothing to hide and was willing to pay. He has made no levy of any kind, no walking possesion of any means. Can he make this extra charge? It is more than i owe?

 

Thanks in advance

 

Danny

 

Who gave you the sum you owed - Bailiff or Council - if the Bailiff then ring the Council andd ask them. As for his charges has he told you what they are. If not adapt & use this - send by email and post, Sined For. It sounds as if you are being fleeced.

 

"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 breakdown of the charges incurred.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a

Subject access request
link3.gif
under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT


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Was goods did the bailiff levy upon and what fees have you been charged IN TOTAL.

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There was no levy, he just made the charge.

 

Total was 347.00. Paid the 300. This included the 2 fees which he is allowed to charge for visiting. Question is, do i have to pay this on friday?

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I only wanted till payday (the Friday). For this, he has agreed to give me till then, but charged me £60 for the privilege.

 

he cant charge you £60 because he has given you a few days extra to pay the reaming £50

 

 

without a levy £24.50 1st visit £18 2nd visit is all you can be charged regardless of how many time the bailiff calls

 

I suggest you get in touch with the council to confirm the amount of the liability order add £42.50 for bailiff fees and pay that and no more

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That was my thoughts. What if he pushes for the remainder balance?

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tell him you are aware of THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992 (amended)

in particular SCHEDULE 5 CHARGES CONNECTED WITH DISTRESS and if he wants to pursue you for fees that he is not legally allowed to charge you will file a form 4 complaint to the court that he was certificated at

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

is your bailiff certificated

www.hmcourts-service.gov.uk/CertificatedBailiffs/

 

the register is not always 100% accurate Ministry of Justice Public Register of bailiffslink3.giflink3.gif on 020 3334 6355

 

If your search reveals that the bailifflink3.gif is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are "any changes" to the certificate then the bailiff must “without delay” give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, the bailiff’s bond will be cancelled when he leaves his previous employer!!

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double post sorry

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Rossendales will magically summon up a list of levied goods from memory and claim that they gave a copy to you in an attempt to justify their lies. It is not necessary that you sign the Walking Possession Agreement either.

They will try to charge £60 waiting time also.

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In fact the "£60 for the privilege" he is charging you will (if you request a breakdown) probably be excused as 'waiting fee' which they claim that they can charge for each hour after the first hour of the 'van fee'.When you question them about this fee, the bailiff will reveal that he failed to keep a record of the duration of the visit in his notes, and as a result you will be refunded.

I would definitely be requesting a breakdown of their fees if I were you .

Edited by Dhimmiwit
worserer grammar than normal

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