bailiff help ???

[suaucyz123]

Hi am new to this site and am desperado for some advice

 

I have paid council tax debt to bailiff, have had a reciept from them showing what i have paid and am horrified to discover that they have charged me £244.50 in bailiff costs, i have sent them numerous emails requesting a detailed breakdown which i am still waiting for a reply for. I have also checked on the gov registered biliff list and can not find the bailiff's name on there:| have searched through the company name section on there too just to double check.

 

I dont know what i can do next??? any help and advice would be greatly appreciated

[Thegreenpimpernel]

Usual questions suaucy.

 

Have they been into your house?

 

Levied on a car on your drive?

[hallowitch]

the list is not always 100% phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355 and ask if Mr xxxx is a certificated bailiff what date what court and to what bailiff company

 

what bailiff company and council is it

 

did you have the amount of the liability order confirmed by the council

do you know the date the council passed the debt over confirmed by the council

[suaucyz123]

They have not entered my house, i spoke over the phone with him, all i have is 1 hand delivered letter which was posted after i spoke 2 him on the phone, there is no mention of a levy on here

[suaucyz123]

hi hallowitch, sorry for delay was getting confirmation

 

its sutton council and the company is Equita,

 

Liability order confirmed by council £1389.05 court 24/8/10

Equita was sent debt 20/10/10

1st letter from Equita stating Balance of £1191.05 (figures different due to the fact a dd was returned unpaid in sept - ballance difference of £198.00 now arranged with council at repayment of £5 week )

 

Receipt states

 

debt £ 1,399.05

court costs £0.00

bailiff costs £244.50

vat £0.00

paid £1435.55

 

total oustanding £208.00 (according to equita)

[suaucyz123]

have phoned the number you gave and the bailiff is certified

[hallowitch]

there is every chance a firm called Capita administrate your council tax Equita are owned by Capita every letter/e-mail you send should be sent to Equita and the council addressed For the attention of Niall Bolger Chief executive

 

 

send an e-mail Headed Formal Complaint inform them that you have requested a breakdown of your account from Equita on several occasions however Equita have failed to respond you therefore require the local authority to instruct there contractors Equita to provide you with the following information within 7 days

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.

d- If a levy fee has been charged against this account A list of the goods levied

Inform him you see no reason why Equita should be withholding this information and you are very disappointed to find that sutton council employ a bailiff company that don't comply with there own industry's code of conduct as they clearly state If a written request is made an itemised account of fees will be provided

[suaucyz123]

thank you, when i spoke to the council earlier, i was asked why i needed the information i requested, and explained "that the bailiffs were having a laugh for the fees they had charged" to which i was told "they always add on there own fees", to which i replied "i know how much they are allowed to charge but is sutton council aware that the bailiffs that they appoint on there behalf are unlawfully charging costs???" funny enough they then changed the subject very quickly, but i will do as you have instructed thank you for your info

[brassnecked]

thank you, when i spoke to the council earlier, i was asked why i needed the information i requested, and explained "that the bailiffs were having a laugh for the fees they had charged" to which i was told "they always add on there own fees", to which i replied "i know how much they are allowed to charge but is sutton council aware that the bailiffs that they appoint on there behalf are unlawfully charging costs???" funny enough they then changed the subject very quickly, but i will do as you have instructed thank you for your info

 

The council don't care what shenenigans their bailiffs get up to in the main so long as they get the council tax in. they ARE bothered when they are caught out being complicit in any wrongdoing as they are vicariously liable for the actions of the bailiff, which is why you should always address complaints to the CEO of the council, as it is they who get upset when the bailiffs wrongdoing comes back to bite them on the bum.

[hallowitch]

always remember that the council are fully responsible for there bailiffs when you get the fees back we will tell you what the can charge from what you say this is £24.50 1st visit fee

Its not unusual to find a levy fee and a van fee on accounts that the debtor has no knowledge of its also not unusual for a notice of seizure to pop through your door with your/any car reg when you start requesting info

[suaucyz123]

should i send 1 more email to equita requesting the breakdown ( added to the ones ive already sent from the 15th and 16th feb) ???

[hallowitch]

no just send them a copy of the one you are sending the council

 

I had a google and Niall Bolger only became chief executive at the beginning of the year

[suaucyz123]

nice one thank you will get on to it right now, I am a girl on a mission

[suaucyz123]

Does this need Tweeking???

 

For the attention of Niall Bolger Chief executive

 

London borough of sutton ref: ---------

 

 

I have requested a breakdown of bailiff costs for Bailiff Ref: ----------- from Equita on several occasions however Equita have failed to respond i therefore require the local authority to instruct there contractors Equita to provide me with the following information within 7 days

 

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.

d- If a levy fee has been charged against this account A list of the goods levied

 

I see no reason why Equita should be withholding this information and I am very disappointed to find that sutton council employ a bailiff company that don't comply with there own industry's code of conduct as they clearly state If a written request is made an itemised account of fees will be provided.

 

I look forward to hearing From you

 

----------

 

I have also googled this Niall person and have found his direct email address

[hallowitch]

Does this need Tweeking???

 

London borough of sutton ref: ---------

Bailiff Ref: -----------

For the attention of Niall Bolger Chief executive

Formal Complaint

 

I have requested a breakdown of bailiff costs for the above account from Equita on several occasions however Equita have failed to respond i therefore require the local authority to instruct there contractors Equita to provide me with the following information within 7 days

 

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.

d- If a levy fee has been charged against this account A list of the goods levied

 

I see no reason why Equita should be withholding this information and I am very disappointed to find that sutton council employ a bailiff company that don't comply with there own industry's code of conduct The National Standards for Enforcement Agents 2002 clearly state If a written request is made an itemised account of fees will be provided.

 

I look forward to hearing From you

 

----------

 

I have also googled this Niall person and have found his direct email address

good send it to him the revenues complaints department and Equita

[suaucyz123]

thank you im on it

[suaucyz123]

its sent to niall, lbs complaints and Equita now i feel very nervous :/

 

received a reply almost straight away

 

Thank you for your email. Niall Bolger, Chief Executive Designate, will be joining Sutton on 21 March.

but they have given me the person in charge at the moment and also the email address to the PA to the cheif executive so i have now forwarded it to the person in charge at the moment

Edited February 24, 2011 by suaucyz123

[suaucyz123]

corr that was the quickest acknowledgement ive ever known

 

We have logged your enquiry under the above reference and will pass to a senior manager in the Revenues and Benefits department who will respond to you as soon as possible and within 20 working days.

Yours sincerely

[hallowitch]

corr that was the quickest acknowledgement Ive ever known

 

We have logged your enquiry under the above reference and will pass to a senior manager in the Revenues and Benefits department who will respond to you as soon as possible and within 20 working days.

Yours sincerely

 

good lets see how long Equita take to send your breakdown of charges if you have a car don't park it near your house till this is sorted as i said it wont be the first time a notice of seizure has been delivered after a breakdown request has been asked for

[suaucyz123]

are you saying that even tho i have paid this debt in full, they can still come round and put things on my car and through my door ???

[hallowitch]

are you saying that even tho i have paid this debt in full, they can still come round and put things on my car and through my door ???

 

no what I'm saying is it wont be the first time a notice of seizure has been hand delivered (with a backdated date) after the breakdown of fees has been requested

 

 

in other words OH shxxe Ive been caught charging a levy fee better go get the reg of the debtor car to justify the fee

[suaucyz123]

got ya cheers hallowitch

[suaucyz123]

Hi again, news update!!

 

I have finally had a response from Equita with regard to my breakdown am now proper stressed again !!! As follows:-

I write further to both your recent communication woth the london borough of sutton and your e mail requests to our offices for a breakdown of your account.

Having referred to your account I note that to date you have paid a total of £1,435.55 which did initially clear your account with our offices. However, we were subsequently instructed by our client in respect of a further outstanding amount of £208.00 with recovery action being reinstated.

We have remitted a total £1,191.05 from the monies paid to our client in respect of your arrears, the balance of £208.00 was returned back to the LBS following their instructions to our office to close our files. I note there has also been a review of our charges and following our communications with our client they have requested that we action a refund to you directly. The sum of £40 is there for tin the process of being refunded to your account.

As requested, I have detailed bellow for your records, a breakdown of the fees incurred and retained by our offices from the monies paid together with the date they were incurred.

First visit £24.50 (03/01/11)

Levvy Fee £53.00 (14/01/11)

Attendance to remove £120 (14/01/11)

Card Payment fees £7.00

Total £204.50

Our records show a vehicle bearing registration mark R*** *** was identified and levied upon to secure the debt.

I can confirn the bailiff instructed in this matter is a Mr Neill Macgregor who was granted his bailiff certificate by Clerkenwell & Shoreditch County Court, the last date of this certification was the 11/03/2010.

I trust the above is of assistance

Yours sincerely

Roxanne Nielsen

Equita Limited

Im still not happy with the fact they are saying 1st Visit - 3/1/11. Firstly i have no letter to back up this visit. When he came on the 14/3/11 he phoned and said he was outside and could i tell him where the house was ? Also the 3/1/11 was a bank holiday. I phoned their office there today to find out which account the refunded £40.00 would be going to and whilst on the phone i asked the person dealing with my call, when their offices were closed for xmas i was told closed between 24/12/10 and re-opened on the 4/1/11??? Secondly the car registration does belong to me and again i have no letter to back this up???

What to do now ??? im very baffled now, do i just leave it and be glad for the £40 quid and learn my lesson the hard way or do i keep fighting and stressing ???

 

Any advice much appreciated,

[hallowitch]

ok another e-mail to the Chief exec you need to tidy this up

 

dear sir

please find attached a copy of the response i received from your contractor Equita regarding bailiff fees charged for the above account

as you will note a visit fee was charged on the 3rd January as this was a bank holiday can you confirm in writing that xxx council allow there bailiffs to work outside the The National Standards For Enforcement Agents as they clearly state

 

Enforcement should not be undertaken on Sundays, on Bank Holidays, on Good Friday or on Christmas Day, unless the court specifically orders otherwise or in situations where legislation permits it.

 

However if the court has ordered that enforcement can take place on a bank holiday in this instance please provide a copy of the courts instructions

Equita bailiffs have also informed me that they were closed until the 4th January therefore the question should be asked did a bailiff actually call on this date i did not receive any hand delivered notice informing me that a bailiff had attended my property to levy distress

Equita informing me that a vehicle bearing registration mark R*** *** was identified and levied upon to secure the debt

Equita being aware of the registration of my vehicle does not constitute a levy

 

The Council Tax (Administration and Enforcement Regulations ) 1992 (amend ) regulation 45 (5)

he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into

At no time during the enforcement of of this debt have i received such a notice

I was not provided with the time of the levy as requested to confirm with my own records the locating of my Vehicle at the time of the levy

This information should be readily available to Equita from there own records as the bailiff should have included this along with the make model and colour of my vehicle on the notice of seizure

An attendance to remove £120 was also charged I believe this would also be included on the notice of distress

However Regulation45(2) schedule 5 of the above regulations state the bailiff there to

A. making a visit to premises with a view to levying distress (whether the levy is made or not):not to remove goods

C For one attendance with a vehicle with view to removing goods (where following the levy goods are not removed) Reasonable costs and fees incurred

Therefore this fee has not charged in line with above legislation

 

 

 

To date i still have not received a notice of distress therefore i require you to instruct your contractors to provide a copy of this notice

 

The there is no Card Payment fees in the above regulations this being confirmed by The Distress for Rent Rules 1988

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

 

 

 

As i did not receive A notice of distress levying my vehicle at the time of the levy i believe the levy fee should not have been charged

 

Please instruct your contractors to remove this fee or put it on hold until xxx council confirm in writing that they have investigate the situation and there contractors have compiled with legislation i receive a copy of the notice of seizure and confirm my Vehicle location at the time of the levy

 

I believe above legislation confirms that attendance to remove and card payment fees should not have been charged

There should be no visit fee on a bank holiday

I therefore request you investigate the fees and either instruct your contractor's to remove these fees or confirm that you believe they they comply to the above legislation any why so i can take my complaint to the next level

Edited March 3, 2011 by hallowitch

[ploddertom]

I am now requesting that you instruct your contractors to return/remove all unlawful fees this being the visit fee charged 3rd January the levy fee charged against a vehicle not owned by myself and the van fee

 

Also add to that the Card Payment Fees they have charged unless of course they can show which Regulation allows this.

 

PT