Help needed please

[Tingy]

As some will know I am in the process of trying to reclaim unfair fees charged by a bailiff over Council Tax and Business Rates dating back three years.

 

I have today received a letter and need to be able to quote (for Wales if different in Wales) the exact place where the law states they are not allowed to charge for two visits on the same day, and if it is the case where they are not allowed to charge a card transaction fee.

 

Finally does anyone have the list of charges for Wales of what they are allowed to charge for recaliming business rates.

 

Many thanks,

 

Tingy

[hallowitch]

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

 

they cannot charge so many fees if only one visit is made

 

 

 

http://www.legislation.gov.uk/uksi/1988/2050/contents/made

 

Fees, Charges and Expenses

 

10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

 

 

Wales or England the fees are the same

http://www.legislation.gov.uk/uksi/1988/2050/contents/made

 

[Tingy]

HW,

 

Thank you so much. I hope you don't mind me questionning you on this, but are you absolutely totally 100% sure that it is the same in Wales as England as I was backfooted by the claim it is different this morning as I had nothing at hand to substantiate my belief that it was the same.

 

Sorry to question you, but as this looks like going to court I need to be 100% sure.

 

Thanks so much for you help,

 

Tingy

[hallowitch]

HW,

 

Thank you so much. I hope you don't mind me questioning you on this, but are you absolutely totally 100% sure that it is the same in Wales as England as I was backfooted by the claim it is different this morning as I had nothing at hand to substantiate my belief that it was the same.

 

Sorry to question you, but as this looks like going to court I need to be 100% sure.

 

Thanks so much for you help,

 

Tingy

 

100% sure fees are the same regardless of where you live England or Wales

 

I live in wales and when i done my daughters unlawful fees i used the regulations quoted hers was for a domestic property but there is no difference in fees regardless of domestic or non domestic

[Tingy]

HW - thanks! I hope your halo is shining brightly - it should be! That is brilliant news as it means thanks to the wonderful Truecall I've got the bailiff company lying to me on the phone this morning. Woudl give you a big hug if you were here.

 

Thanks!

 

Tingy

[hallowitch]

Ive got a truecall brilliant piece of kit

 

sent you a pm

[Tingy]

Ive got a truecall brilliant piece of kit

 

sent you a pm

 

Bailiffs claimed they didn't receive original £10.00. Have sent new SAR today and videoed the PO going into the envelope and the address on the envelope Post Mistress thought I'd gone mad! lol

 

The bailiff company is really horrible and the council are now I think very worried as I've sent them a screenprint of the trueCall recording and told them the bailiffs are recorded lying through their teeth on it. They tried very hard this morning to persuade me not to SAR them again - nearly succeeded as well, but didn't. I am going to ensure justice is done now as I honestly believe the council and bailiff company have been trying to stitch things up nicely between them to avoid a lawsuit. Sadly they will discover they've met a VERY determined opponent.

 

Watch this space as will doubtless be posting for advice at some stage.

[Tingy]

HW - your inbox is full. Can't pm you!

[hallowitch]

Bailiffs claimed they didn't receive original £10.00.

if you sent a postal order and you still have the receipt part you can check if its been cashed

HW - your inbox is full. Can't pm you!

empty

[Tingy]

I'm confident it will either surface in time, or they have used it purely as a stalling tactic. Today happened to be the 40th day and today I received the letter. Coincidence? Who knows?

 

Also strange that I received a letter from the data person at the council admitting she'd made a mistake (thus digging herself into a bigger hole) and talking about the bailiffs. Now I wonder if they've been chatting behind the scenes?

[ploddertom]

I'm confident it will either surface in time, or they have used it purely as a stalling tactic. Today happened to be the 40th day and today I received the letter. Coincidence? Who knows?

 

Also strange that I received a letter from the data person at the council admitting she'd made a mistake (thus digging herself into a bigger hole) and talking about the bailiffs. Now I wonder if they've been chatting behind the scenes?

 

Of course they have, your Council obviously only speaks Bailiff, time they learned the rules & regulations themselves, if it's for NNDR I'd be tempted to send the CEO a copy http://www.legislation.gov.uk/uksi/1989/1058/contents/made

 

I don't doubt you have been in contact with the local Councillor concerned but have you thought of also involving the Leader of the Council and his opposite numbers?

 

PT

[Tingy]

Of course they have, your Council obviously only speaks Bailiff, time they learned the rules & regulations themselves, if it's for NNDR I'd be tempted to send the CEO a copy http://www.legislation.gov.uk/uksi/1989/1058/contents/made

 

I don't doubt you have been in contact with the local Councillor concerned but have you thought of also involving the Leader of the Council and his opposite numbers?

 

PT

 

TBH until today I'd just been following protocol, but they niggled me today. I don't like being lied to, I don't like people trying to dupe me and I don't like the behind the scenes off the record chats. I was in trouble at the time for both business rates and council tax, but everything has been paid (and overpaid) and I'm trying to get some back. I'm intentionally waiting another 40 days from today when I SAR'd the bailiffs again as i think they might just play nicely into my hands.

 

Leader of the council is a good way to go - I'm a great believer in going straight to the top and not messing with the lowlings, but again it will wait. Its waited 3 years so another 40 days won't make much difference. Revenge will however be sweet - trust me!

[hallowitch]

Its waited 3 years so another 40 days won't make much difference. Revenge will however be sweet - trust me!

 

And is a dish best served cold

[Tingy]

Sorry folks, another question. I was reading around last night and read somewhere about there being a 6 month time limit on being able to reclaim these fees. Is that correct, in which case I'm wasting my time (and all of yours) or can I claim after 3 years? Any references to appropriate law would be brilliant as the council and bailiffs are slippery as eels!

[fork-it]

Its 6 years.

 

Section 2 of the Limitation Act 1980. http://www.legislation.gov.uk/ukpga/1980/58

[Tingy]

Thank you fork-it. Don't think I've ever had such a quick response. Much appreciated.

 

Tingy

[str8talkinbailiff]

This from a Bailiff tingy!

England and Wales are the same in civil law only scotland are different!

Make sure you have all the correct info and dont go in there shouting the odds when you dont have the correct info, otherwise it will be dismissed in an instant.

The councils, courts and bailiff companies hear all sort (thousands a day)of stories, excuses, wrong laws being dictated to them so make sure all your info is 100% or you dont stand a chance. I wish I had a pound for every time somebody stood telling me what I can and cant do, I wouldn't need to still be doing this job.

Also when they start and are half clued up you can use these laws agaisnt them, its a green light to tie them in knots and relieve them of the money.

So do it right and good luck to you!

[Tingy]

thank you for wishing me good luck. Strange you should mention about the law in England and Wales as I have a recording of a telephone conversation with the bailiffs firm I am dealing with (or dealt with in the past) where their data controller states (direct quotation from the call), "Yeah, but you're in Wales now and Wales is governed bty a different set of laws to England!"

 

Hmmmm..... so two bailiff companies telling me two different things. You are correct I'm pleased to say. Indeed I will ensure information is correct. As I've said in previous posts, you may be a good bailiff and do things properly in which case I wish there were more of you. As you can see from the ones I dealt with (and I think you'll find many on here share my experiences) we receive from the bailiffs' companies to be kind inaccurate information, to be less kind pure lies!

 

By the way in 2010 I fought for compensation from councils and bailiffs on six different occasions, and every single time I won. Maybe one day I'll meet you in court, but they don't actually like letting it get that far usually. I wonder why?