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hi i have been paying a bailiff since march for a balance of 1024.48 of this 137 is there fees. i defaulted on this 2 times ( due to forgetting to phone them and make the weekly payment i have asked about direct debit but they only want card payments, check or postal order) both times someone visited the house and said that if i payed 100 by the end of week they would redo the arrangement 20pw. i found this gentleman to be polite and helpful. then in October i had a council tax warrant for 986.65 of which there fees are 82.50. by this time i should have paid 670 off the first one and have paid 125 off the new one. i missed last Fridays payment due to working and have been working mon tues and wed this week today and tomorrow being my days off. so intended phoning today and making last weeks payment and this fridays payment. now 25pw. but while i was in work yesterday someone called to collect goods as i had defaulted. saying i owe 1720.63 by my calculations of what i originally owed and have payed this is 500 more. he didnt remove good telling dh that he waould rather do it with me present and left a letter for me to phone him and hand wrote on the bottom that this is my final chance to make an arrangement to call him before 12 today or they will call tomorrow to collect goods. so nice and early i ring his mobile and apparently the extra has come from charges when the man called tne took the 100 payment there was a 150 charge so that 300 extra and he doesnt see the point of making a new arrangement as i have defaulted before. so wants the whole amount or they will take good tomorrow by force of have me arrested. i dont have this money and this is the worst day of the year (as it is my daughters birthday and she died at 16 days old) for me to be dealing with this and i could really do with some help thanks sarahxx

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Hi Sarah

 

There is list of vulnerable persons it is part of The nation standards of Enforcement agents 2002

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002, Are you classed as a vulnerable person?

 

Those who might be potentially vulnerable include:

  • 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

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i have just managed to get through to the office now they are open and a very plesent man answered and said that if i pay 175 by tomorrow they can put the arragement back in place so i payed 50 today and will pay the rest tomorrow. he said that if it was written on the letter that i could descuss and arrangement then thats what he will do. have i done right?

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i sont know about vulnerable i was a single parent family until this week when me and my husband have decided to try again and he moved back in . i was going to also contact the tax credits about this today so i dont know how that works with the vulnerable person thing

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hi he listed a corner leather suite with puffee the sky+ box and micro wave. i would imagine these wouldn't even get 500 at action so even if they did take them i would still owe loads.

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There are a few things that appear iffy here. You should contact the Council ASAP and ask the following:

 

1 - how many Liability Orders do they they have against you

2 - how much each one is for

3 - how much is still outstanding on each one

4 - what periods of time do they cover

5 - the date each was passed to the Bailiff

6 - are they able to tell you what charges the Bailiff has administered

 

Going on to your circumstances I note what you say with regard to your husband. Have you whilst parted been claiming the Single Person Discount? Have you been entitled to or have you been claiming Housing Benefit or Council Tax Benefit? What age are your children and is there anyone in the household who suffers from any illness or disability?

 

As for the Bailiff you need to find out from them what their charges are. Send them this letter, use and adapt as you see fit and when ready send it by email with a copy posted using Royal Mail Signed For:

"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.

 

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 certificatedlink3.gif at.

e - the date of the Certification.

 

This is not a Subject access requestlink3.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"

 

There is no law that says you have to speak to or pay a Bailiff. As you have found out they deliberately make things awkward so they can charge you extra fees. You can pay direct to the Council using their website or automated phone service. No doubt this will make Mr Bailiff very grumpy and more aggressive, so what let him stamp his feet - while the weather is cold it will help with his circulation. If he has gained entry to your home can you list exactly what goods he has seized - I note your reference to furniture and this may be exempt anyway.

 

Wherever possible do not speak to him on the phone - unless you can record the call. If he calls at the door and you have to speak to him again try and record it, speak to him through the letterbox or from an upstairs window. Whatever he says he cannot have you arrested, have your children taken into care, force entry in your absence using a locksmith or Police - he would have to have an additional Court Order for this and he has no grounds whatsoever to apply + they are rarely given anyway.

 

Hope this helps you.

 

PT

Please consider making a small donation to help keep this site running

 

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hi he listed a corner leather suite with puffee the sky+ box and micro wave. i would imagine these wouldn't even get 500 at action so even if they did take them i would still owe loads.

 

If these were removed would you have enough seating left for each member of the family?

 

Goods removed for auction must cover:

 

1- all Bailiff fees

2 - all removal & storage costs

3 - all auction costs

4 - all the Auctioneer costs

5 - a proportion of debt owing

 

As that is not likely to occur it can be put to the Bailiff he has made a levy solely to gain a financial advantage for himself and his Company and therefore should remove the levy fee and all associated charges.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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hi i did have a single adult discount but just assumed i wouldn't get council tax benefit as i am working. thanks for the advice regarding sending them a letter i will do this asap i would like to know how they figure there charges.

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i would like to know how they figure there charges.

 

£24.50.

 

Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

Professional property investor and conveyancer

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hi i have been paying a bailiff since march for a balance of 1024.48 of this 137 is there fees. i defaulted on this 2 times ( due to forgetting to phone them and make the weekly payment i have asked about direct debit but they only want card payments, check or postal order) both times someone visited the house and said that if i payed 100 by the end of week they would redo the arrangement 20pw. i found this gentleman to be polite and helpful. then in October i had a council tax warrant for 986.65 of which there fees are 82.50. by this time i should have paid 670 off the first one and have paid 125 off the new one. i missed last Fridays payment due to working and have been working mon tues and wed this week today and tomorrow being my days off. so intended phoning today and making last weeks payment and this fridays payment. now 25pw. but while i was in work yesterday someone called to collect goods as i had defaulted. saying i owe 1720.63 by my calculations of what i originally owed and have payed this is 500 more.

 

You have been taken for a ride by the bailiffs. They have preyed on your willingness to pay and have screwed you right over.

 

Just by Saying that you owe £1720.62 when he knows you dont ow that much is a criminal offence under section 2 of the 2006 Fraud Act. I suggest you take all your paperwork to the police and make lots of noise. Get a crime number.

 

 

he didnt remove good telling dh that he waould rather do it with me present and left a letter for me to phone him and hand wrote on the bottom that this is my final chance to make an arrangement to call him before 12 today or they will call tomorrow to collect goods. so nice and early i ring his mobile and apparently the extra has come from charges when the man called tne took the 100 payment there was a 150 charge so that 300 extra and he doesnt see the point of making a new arrangement as i have defaulted before. so wants the whole amount or they will take good tomorrow by force of have me arrested.

 

When you are down the nick, add Section 40 of the Administration of Justice Act to your list of complaints: http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=1&NavFrom=2&parentActiveTextDocId=1663425&activetextdocid=1663463

 

 

i dont have this money and this is the worst day of the year (as it is my daughters birthday and she died at 16 days old) for me to be dealing with this and i could really do with some help thanks sarahxx

 

 

Ask the council how much you owe, and ask they refund you all those bailiffs fees. The council is liable for its bailiffs and is also responsible for refunding you your money. Ask the Local Government Ombudsman to intervene if you get excuses from the council. The law decides how much a bailiff can charge you with his fees - its £24.50. Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

 

Tell the bailiff you are referring the case to the Local Government Ombudsmand for investigation over his fees and his false claims he has a power to have you arrested. Then watch that bailiff run like grease-lightening!!! You will quickly get your money back without further ado.

Professional property investor and conveyancer

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