Council Tax bailiff Enforcement Fee

[Gia]

The absolute arrogance of those who attempt to collect the uncollectable by fear.

 

They sure picked the wrong one this time, I am a bit like a pit bull once I sink my teeth in I dont let go, and if its fear they want they sure as hell wont find it here Lol.

[ploddertom]

I think I feel a Formal Complaint coming on! Go for it.

 

PT

[wonkeydonkey]

Hi

 

I am working on letters for you, but cannot find in the posts so ask you to confirm....was this the 1st visit the bailiff had made ?? had you received any other letters etc prior to this visit??

 

WD

[Gia]

Hi

 

I am working on letters for you, but cannot find in the posts so ask you to confirm....was this the 1st visit the bailiff had made ?? had you received any other letters etc prior to this visit??

 

WD

Hi there this visit was the first yes, although they are charging for two previous visits one on 13th April 2010 and one on 16th April 2010, yet the council only passed the account to them on 09/04/2010. I received no letters at all from council or bailiffs to say they were coming, but the bailiffs state they mailed me one on 12th Dec 2010.

[Gia]

Just so they are in no doubt that I am gathering ammo for my next attack on them they have both been sent this:

 

Dear Sir,

Please can you confirm whether or not the Council have a policy on the passing of the accounts of vulnerable persons to bailiff companies for collection? If so please forward me a copy of your policy.

Vulnerable persons are defined by (The National Standards for Enforcement Agents May 2002) as:

· 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

 

Also please could you forward me any information leaflet/s you have for the Local Government Ombudsman, I requested this yesterday in a telephone conversation with Miss xxxxx who had none to hand and was unable to locate any.

 

Yours Faithfully

[ploddertom]

There is a possibility that the Council can ignore or otherwise deny your request in your letter above. However one way forward is to put a FOI - Freedom of Information - request in. They then do have to answer to that. You may be able to find information as to who it goes to or a specific email address from the Council website. There is nothing to stop you formulating a list of questions such as:

Does the Council have a Bailiff Code of Conduct in place and if so what is it

Does the Council have a service level Ageement with the bailff and if so what is it

How many Liability orders did the Councilobtain in 2007 - 08, 2008 - 09, 2009 - 10, 2010 - 11

How much does each Liability Order cost the Council

How much does the Council charge its "customers" for a Liability Order

Do the Council check before issuing the account to the Bailiff to see if the "customer" may be included in the "vulnerable" category as defined by the National Standards for Enforcement Agents - if not why not as a lot could be cross referenced through other agencies/benefits

Are Council employees trained in the correct procedures of the lawful fees that bailiffs may apply - if not why not

Do the Council check regularly to make sure their appointed Bailiffs are carrying out their duties correctly - if not why not

Do the Council have a Complaints procedure in place for those "customer" who have a grievance over the Bailiffs actions other than referring them to the Bailiff Company

etc etc

 

PT

 

Maybe everyone should do this to their own Council and see what comes back

[hallowitch]

Make a freedom of information request and ask for a copy there service level agreement /contract between the council and bailiff firm

make a freedom of information for a copy of there code of practise against vulnerable debtors

 

ask if they signed up to the Citizens Advice and the Local Government Association good practise protocol on the collection of council tax arrears

http://www.citizensadvice.org.uk/index/campaigns/current_campaigns/council-tax-arrears.htm

[wonkeydonkey]

I guess a letter is not needed...go get em bruno..lol

[Gia]

There is a possibility that the Council can ignore or otherwise deny your request in your letter above. However one way forward is to put a FOI - Freedom of Information - request in. They then do have to answer to that. You may be able to find information as to who it goes to or a specific email address from the Council website. There is nothing to stop you formulating a list of questions such as:

Does the Council have a Bailiff Code of Conduct in place and if so what is it

Does the Council have a service level Ageement with the bailff and if so what is it

How many Liability orders did the Councilobtain in 2007 - 08, 2008 - 09, 2009 - 10, 2010 - 11

How much does each Liability Order cost the Council

How much does the Council charge its "customers" for a Liability Order

Do the Council check before issuing the account to the Bailiff to see if the "customer" may be included in the "vulnerable" category as defined by the National Standards for Enforcement Agents - if not why not as a lot could be cross referenced through other agencies/benefits

Are Council employees trained in the correct procedures of the lawful fees that bailiffs may apply - if not why not

Do the Council check regularly to make sure their appointed Bailiffs are carrying out their duties correctly - if not why not

Do the Council have a Complaints procedure in place for those "customer" who have a grievance over the Bailiffs actions other than referring them to the Bailiff Company

etc etc

 

PT

 

Maybe everyone should do this to their own Council and see what comes back

 

I had a reply within 15 minutes attached was the councils code of practice for bailiffs. Haven't read it yet but going to tonight.

[Gia]

This is my councils code of practice for bailiffs.

 

 

 

 

CODE OF PRACTICE

 

 

for

 

 

BAILIFFS

 

 

 

 

 

 

April 2006

 

 

 

DIRECTORATE OF FINANCE & CORPORATE SERVICES

 

REVENUES & CUSTOMER SERVICES DIVISION

 

CODE OF PRACTICE FOR BAILIFFS

 

1. INTRODUCTION

 

1.1. This document sets out xxxxx County Borough Council's Code of Practice in respect of bailiffs employed on its behalf in respect of the recovery of Council Tax and Non Domestic Rates and forms part of the contract for the provision of the bailiff service.

 

1.2. It is important to recognise that any company which is acting as an agent for xxxxx County Borough Council is a representative of the Council. Accordingly, the company and its employees must at all times conduct themselves in a manner which upholds the high standards which the Council has set for itself.

 

2. VISITING DEBTORS AT DOMESTIC PREMISES

 

2.1 It is recognised that occasionally it will be necessary to make visits to debtors outside normal working hours. However, visits to domestic properties should not be made before 7.00 am or after 9.00 pm without the prior approval of the Council.

 

2.2 Where the bailiff gains entry prior to a levy:

 

(a) Always ask to speak to the debtor or their partner. If they are not present, do not discuss the case with anyone, but leave the appropriate documents in a sealed, addressed envelope. This is particularly important if the door is answered by a child.

 

(b) If the debtor or his/her partner is available, the bailiff must proceed as follows:-

 

(1) produce his identity card and a copy of the letter of authority from the Council;

 

(2) explain that the Council has obtained a liability order which has been referred to the Supplier;

 

(3) explain the implications arising from (2);

 

(4) give the debtor the opportunity to query the amount outstanding and, if appropriate, to provide any evidence of payment;

 

(5) give the debtor the opportunity to make payment.

 

 

 

 

© If there is any evidence of one of the following, the bailiff should not take any further action without seeking further instructions from the Council:-

 

(1) mental impairment

 

(2) long term sickness, serious illness, or frailty;

 

(3) profound sensory disability (deafness or blindness);

 

(4) recent bereavement of a close relative of the debtor;

 

(5) serious physical disability;

 

(6) communication difficulties including an inability to speak English or Welsh;

 

(7) the debtor is on Income Support;

 

(8) any other indication of hardship or severe financial difficulties;

 

(9) any other circumstances where it is considered that the levy of distress would not be appropriate.

 

2.3 Distress must not be levied on any of the following items:

 

(a) cooker and cooking essentials;

 

(b) fridge;

 

© beds and bedding (except where there are surplus to the debtor and his family's normal requirements);

 

(d) heating equipment;

 

(e) any other furniture to the extent that it is necessary to satisfy the basic domestic needs of the debtor and his/her family;

 

(f) children's items;

 

(g) clothes (except luxury items);

 

(h) medical aids or equipment reasonably required for the use of the debtor or any other articles reasonably required for training or education of the debtor or his family.

 

(i) articles required for safety reasons.

 

(j) items purchased through DWP social fund grants or loans.

 

2.4 All staff of the Supplier having contact with debtors should be aware of the council tax benefit scheme, and if they consider that a debtor may qualify for benefit, details of how to make an application should be given to the debtor.

 

2.5 If more than one visit is required in order to levy distress, such visits must be on different days and at different times of day. A minimum of three such visits, one of which will be made outside normal working hours (i.e. between 8 a.m. and 9 a.m. or between 6 p.m. and 9 p.m.) shall be made in order to seek to levy.

 

2.6 Bailiffs must give the debtor the opportunity to make payment of the outstanding debt prior to commencing with the levy

 

2.7 No visits shall be made on a Sunday, Good Friday or Christmas Day, or on any other days as notified by the Council.

 

3. VISITING DEBTORS AT NON-DOMESTIC PREMISES

 

3.1 Visits to debtors at non-domestic premises can be made at any time during the trading hours of the business.

 

3.2 When visiting the debtor's premises, always ask to speak to one of the following:

 

(a) a Plc or limited company - a director or senior manager;

 

(b) an LLP or partnership - a partner;

 

© a sole trader - the owner/proprietor.

 

If one of these persons is not present, ask to speak to someone in a position of authority.

 

3.3 Provided that a person in a position of authority is present, it is acceptable to proceed with making a levy.

 

3.4 In some cases, it may be necessary to make discreet enquiries as to a person's whereabouts. It is important that the purpose of the enquiries is not disclosed to a third party.

 

3.5 On visiting the relevant premises, if the appropriate person (as listed in paragraph 3.1) is available, the bailiff must proceed as follows:-

 

produce his identity card and letter of authority;

explain that the Council has obtained a liability order which has been referred to the Supplier;

© explain the implication arising from (b);

 

(d) give the person the opportunity to query the amount outstanding and, if

 

appropriate, to provide any evidence of payment;

 

give the debtor the opportunity to make payment prior to commencing with the levy.

 

April, 2006

[ploddertom]

I assume you will be pulling it to pieces and advising all their wrongdoings.

 

PT

[brassnecked]

Well they didn't follow the code of practice here did they............................

[Gia]

Well they didn't follow the code of practice here did they............................

 

They sure didn't did they Lol, time to tap the keyboard keys me thinks with a very strongly worded letter to the CEO again, oh and a copy to bailiff to boot

[wonkeydonkey]

Which Council is this? it will be handy to store this info as it will be useful to other caggers who reside in the same area who come across the same.

 

WD

[night-watchman]

well that certainly blows their socks right out the window LOL.

[Gia]

Which Council is this? it will be handy to store this info as it will be useful to other caggers who reside in the same area who come across the same.

 

WD

 

As soon as I get a result from this I will name the council, only holding back the name now in-case they or an employee of theirs are familiar with this forum, will name the bailiff company also.

[ploddertom]

Sometimes naming them embarrasses them into a responsible action but respect your views totally.

 

PT

[Gia]

Just about to email this

 

 

Dear XXXXX,

 

Thank you for your reply yesterday.

 

Further to my letter of 7th January and after obtaining advice there are various issues that you now need to be made aware of.

 

There are grave concerns regarding the legitimacy of the levy/distress warrant dated 06/01/10.

 

Firstly the levy is invalid/unlawful, the bailiff has levied items (microwave and suite) that were purchased by funds from a Social Fund loan awarded on 02/04/08 (evidence attached), these items are exempt (your bailiff code of practice 2.3 (j)) confirm this. The bailiff at the time was also informed these items were Social Fund purchases.

 

Secondly Following a valid levy the goods seized if removed for auction must:

1 - cover all Bailiff costs & charges

2 - cover all removal & storage charges

3 - cover all costs of the auction

4 - cover all the Auctioneers fees

5 - pay off a proportion of the debt owed.

 

The suite is badly damaged (you are welcome to send someone to view the damage) and not worth £50, the microwave cost only £39.99 brand new, the video is around 20 years old and not in working order therefore worthless. It is very clear the signed levy fails dismally in meeting any of the above criteria.

(The inclusion of the suite also falls under your bailiff code of practice 2.3 (e) it is the only seating available therefore exempt) and I refer you to the case law of Mrs Ambrose v Nottingham City Council (2004).

 

I feel that the Bailiff has only made a levy/seized goods in order to gain a financial advantage for himself and his Company, and that the bailiff is therefore possibly defrauding me with his fees contrary to Section 2 of the Fraud Act 2006- false representation. This is because the bailiff levied on the goods believing they will not satisfy the debt, and to increase his fees to an amount that he would otherwise take.

 

The Company are charging me for two previous “phantom” visits on 13th and 16th April 2010, it seems rather strange that bailiffs would appear twice within 7 days of the account being passed to them by the council. Especially as I should have received a minimum of 7 days notice from the bailiffs to give me the opportunity to pay. Where a visit is planned to collect council tax, the local authority must also send a letter giving 14 days notice of the bailiff visit. The only letter received from the Council was dated 14/04/2010 which does not mention a bailiff visit, merely that the account had been passed to XXXX and that I should contact them to arrange payment. (Copy attached). No letter has ever been received from XXXX concerning bailiffs coming to visit.

 

The Enforcement Fee/Attend to Remove fee that has been spuriously charged cannot be added the same day that the levy is issued, a levy would have to have been obtained previously.

 

Thirdly when the bailiff came into my home I was ill in bed, I am long term disabled with various health issues. I had to be woken and get up from bed to deal with the visit. The bailiff wanted to place a levy on my car, but I informed him it was a DLA Motability purchase with a DLA tax disc. Therefore under the above circumstances the bailiff can have been in no doubt as to my vulnerable status. His actions in then continuing to issue a levy on other goods are in breach of your Bailiffs Code of Practice (2.2 C (2)). Which states: If there is any evidence of one of the following, the bailiff should not take any further action without seeking further instructions from the Council: - long term sickness, serious illness, or frailty.

 

Could you please confirm whether or not the Council endorses the action of the bailiff acting as their agent in the above incident and if you were contacted by the bailiff before or after he issued the levy.

 

As you can see from the above the bailiff has most obviously issued an invalid/unlawful distress levy, as a result the fees associated with this levy are also invalid/unlawful.

 

Since the levy was issued I have been forced into paying XXXX the sum of £60, I would like you to recover this sum and deduct it from my Council Tax bill or have them reimburse me with immediate effect, so I am able to pay the amount off the bill myself.

 

Please could you confirm if the Council are aware XXXX is storing clients credit/debit card details on their internal systems without the client’s knowledge or consent, and is this action approved by the Council?

 

Should the invalid/unlawful levy and its associated fees not be removed within 7 days a Form 4 complaint will be submitted to the Courts, as well as other forms of action in which the Council would be named as Defendant as you are solely responsible for the actions of your agents.

 

I look forward to receiving your response in due course.

 

Yours Sincerely

[ploddertom]

May be too late I know but it could do with a few tweaks here and there - have you actually sent it yet?

 

PT

[Gia]

May be too late I know but it could do with a few tweaks here and there - have you actually sent it yet?

 

PT

 

Yes, I sent it this afternoon.