Bailiff Fees for Unpaid Council Tax

[2cats]

Long story short, we have had a visit from Chandlers this evening regarding Council Tax payment and they have left us with a letter, saying they will be back at 6am tomorrow morning to take our cars. My question is regarding the fees that have been included on the paperwork they gave us:

 

Notice of Intention Fee: 42.50

Levy Fee: 48.00

Attendance Fee: 150.00

 

I don't know what these are and whether they are all valid. Looking online I have read something about a first visit fee of £24.50 but nothing about the other two. We haven't signed a Walking Possession and haven't let them in. We need our cars to be able to work and earn money but he inists on taking them. WOuld it be illegal for us to move them tonight?

 

Any information would be greatly appreciated

 

Thanks

[eggy12]

Did the council take you to court and get a liability order for unpaid council tax ?

[2cats]

Yes. I have offered to pay part of the bill and the rest of the smaller one next week but they are not interested, they are just going to come in the morning and take the cars.

[ploddertom]

Has he left you with a Notice of Distress which lists which goods he has levied on? Do you know how much you owe? What are your cars worth? Are either of them on finance?

 

PT

[2cats]

Today he left a 'Notice of Bailiffs Attendance' letter stating the amount due (£986.44 and £2199.29 both including their fees), neither of these states what has been levied on, he just said he was going to take the cars in the morning if we didn't pay tonight. He wrote on the letter that he will re-attend from 6am tomorrow.

[2cats]

Sorry neither car have any finance on them and are really not worth much at all probably only a couple of hundred each.

[ploddertom]

Today he left a 'Notice of Bailiffs Attendance' letter stating the amount due (£986.44 and £2199.29 both including their fees), - are these sums confirmed by the Council or is it just what the Bailiff has said - neither of these states what has been levied on, he just said he was going to take the cars in the morning if we didn't pay tonight. He wrote on the letter that he will re-attend from 6am tomorrow.

 

PT

[2cats]

of the £986.44 - £745.94 is the council tax

[eggy12]

save yourself some hassle and move cars away from house.. They can only levy on goods if you let them in your home or leave something of value outside.. NEVER LET them in and refuse to talk to them. You can get full figures from council on what you owe for the liability order. Start to make payments to council using there online payment system DO NOT PAY to bailiff's.. Just keep doors and windows locked and ignore the knocks.. Once they levy on something they will just keep adding costs..I doubt very much they will come at said time if tomorrow at all but if they do turn over and go back to sleep !

 

Eggy12

[eggy12]

Oh and keep ALL letters they shove through the letterbox

[ploddertom]

In your first post you mention a Levy Fee - are sure he has not left you a Notice of Seizure? If not then you are free to do what you want with your vehicles. You have to remember however that he will probably have made a note of their registrations.

 

The Bailiff doesn't really want the cars he is hoping to use them as a lever to get you to pay. If he has to remove them to be sold at auction they are supposed to realise enough to pay the Bailiffs fees, the removal costs, auction & auctioneers costs and pay a proportion of the debt. If you say they are only worth a couple of hundred each then they will be lucky to realise a total of £100 at auction. I assume they are older vehicles.

 

He may well come back - don't take too much notice of when he says he will as they very rarely do. Whatever happens make sure that you do not let him into your home. You have to adopt a siegelike mentality for the forseeable future. If you do move your cars make sure they are well away from your home - approx 10 minute walk should suffice.

 

Tomorrow you need to contact the Council and ask:

a - how many Liability Orders there are

b - how much each one is for

c - how much is outstanding on each

d - when they passed them to the Bailiff.

 

You also need to send the Bailiff a request for a proper breakdown of their fees. Send the following by email and post, use and adapt as you see fit.

 

"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 including Computer Screenshot.

 

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 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

[ploddertom]

of the £986.44 - £745.94 is the council tax

 

If that is correct you are being screwed for charges. Send the breakdown letter.

 

PT

[2cats]

Thank you so much ploddertom, I am on that letter now. I'll let you know how we get on.

[ploddertom]

Please remember this is an ongoing thing and may take several weeks to resolve.

 

A few extra questions:

Is anyone in the household claiming any Benefits?

Is anyone in the household suffering from a debilitating illness or is disabled?

Are you up to date with this years CT or is that included in the sums above?

 

PT

[2cats]

My husband has been out of work for most of the last year, and last summer the council tax was being paid as he was on job seekers allowance. We both got jobs, his for a couple of months on and off and mine only part time - 20 hours a week, but because of the number of hours I work he will not get job seekers allowance now, we filled in the forms for the council twice but they didn't respond and took us to court for the current year which is the £2000 bill. I get work and child tax credit but with the small amount that I earn we are only just managing to keep our heads above water as it is. I know that we should have spoken to people earlier but we always hoped that my husbands next interview would turn into a job and we could claw our way out of this mess. We can apparently pay this years CT in instalments but they want the smaller one paid in full now.

My husband has diabetes and suffers dreadfully from stress at the best of times but nobody is disabled.

[ploddertom]

Is he insulin dependent?

 

PT

[2cats]

not yet, but if this stress keeps up he will be soon!!!

[ploddertom]

There is a possibility you (as a family) may be classed as "vulnerable". I am trying to track someone down to pop in and have a look. It may be later on as she is a night owl.

 

PT

[2cats]

Does the Bailiff have to issue a letter of Distress detailing the items levied? And should we have received this before he can come and take any items including the cars. We have moved one of them by the way.

[ploddertom]

You should have been left a Notice of Seizure - Form 7 I think which should list any goods seized/levied on, along with a list of the charges applied.

 

There is another stalling tactic which is to ask him when he next calls for his Certificate which allows him to collect on this debt. If you know his name you can check online to see if he is Certificated as either self-employed or to the Company he works for. A link to this is in the Stickies above but please not the online register is not 100% accurate.

 

He is also supposed to carry authorisation from the authority which employed him to collect the debt. You can also ask him if he has a copy of or can he get you one of the National Standards for Enforcement Agents.

 

PT

[2cats]

Response received by email today from Chandlers

n total fees of £240.50 have been added to this account.

 

A fee of £24.50 was added to this account due to a Bailiff attending your property on the due to Mr x attending your property on the 26th of August 2010 at 08:34 am.

 

A fee of £18.00 was added to your account due to Mr xx attending your property on the 1st of September 2010 at 01:22 am.

 

Mr x attended your property on the 21st of September 2010 with the intention to remove goods which resulted in a fee of £120.00 accruing on the account.

 

A Bailiff also levied on goods on this date to secure the debt which resulted in a fee of £48.00 being added to your account.

Trans No Batch Type Date Debit Credit Description

2591718 JK1908 D1 19/08/2010 745.94 0.00 Original Debt

2591719 JK1908 F1 19/08/2010 24.50 0.00 Original Fee

2622643 F0709d F3 07/09/2010 18.00 0.00 2nd Levy Fee

2640088 F2209l F1 21/09/2010 48.00 0.00 Levy Fee

2640089 F2209l F4 21/09/2010 150.00 0.00 Attendance Fee

 

Not sure any of it makes sense really especially the call made to the house at 1.22am, WTF!!!

Edited September 22, 2010 by IdaInFife
names removed :)

[ploddertom]

I assume the 1:22am call will turn out to be an error. What did they levy on yesterday?

 

PT

[2cats]

I have no idea, we got no paperwork stating anything, it was just what the guy said 'I'll take the cars'.....

[ploddertom]

In that case you should email and send a letter to them asking what the Levy was for as no Notice of Seizure was ever left with you particularly as you met face to face. In view of that fact you should demand that the levy fee and ALL associated charges are therefore removed.

 

PT

[2cats]

Thanks I'll get on to that tomorrow. Your a star PT