Is the bailiff right ? Will i get my money back

[rippedoffithink]

hello i had the bailiffs around on friday for council tax which was stopped by my bank for some reason in december,my wife let him in and he sat down,i thought he was from the council,he then said we missed the payment in december and now we must pay the full amount up as far as april i think,he asked can we do that we said no,he then said if you cant i will have to do a levy and walking possession on your goods ,so me and my wife said we will check the banks now and see what we can do so we ask him how much is it? he then worked it out at £509.55 we checked the banks and we had the money to pay him so we did by debit card,after we paid he then said im still have to do a levy and walking possession,is this right? mY council tax bill was £440.05 £22.50 release charge £36 levy and £11 walking possession so £69.50 paid to them on top

[ashmk]

No, it's not right.

 

Wait for an bailiff expert to write a post to explain things to you and they will also tell you how to reclaim your overpayment.

[rippedoffithink]

i phoned the council and the bailiffs up monday and the bailiff said he made the levy out before we paid?and i told him about the charges of the walking possession (i paid why are you charging me for that he said we will give you that fee back £11

[ploddertom]

Quite simple send off for a breakdown of their charges and then argue you tendered payment before any levy was made. Here's a sample of a letter to use, adapt as you see fit and send it to the Bailiffs initially by email and copy in the post sent 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 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

[rippedoffithink]

Quite simple send off for a breakdown of their charges and then argue you tendered payment before any levy was made. Here's a sample of a letter to use, adapt as you see fit and send it to the Bailiffs initially by email and copy in the post sent 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 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

 

thanks for that will do straight away and keep everyone informed

[hallowitch]

http://www.legislation.gov.uk/uksi/1992/613/contents/made

45.Distress

 

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

 

the authority can be either the council or the bailiff

[rippedoffithink]

thanks again for your help its all very welcome,,, i have just read that link does this mean i should not have been charged

[lordsugar]

You should have been charged a first visit fee of £24.50 plus the outstanding council tax and and court fees the council have added however I anticipate the bailiff will say he levied first and then you decided to pay it will be very difficult to prove otherwise unforunately ... they have refunded the walking possesion fee as it was not required when you paid in full so it would appear the only fee you have paid which is under dispute.