URGENT!!! Removal of Vehicle for bailiff fees? Council Tax paid in full!!!!

[Big Dan]

Just a quick question as I think I already know the answer.

 

I've had a (1st) visit from the above chimps this morning and spoke to the bailiff who scribbled on some paperwork whilst I spoke to him before sealing it in an envelope handing it to me and nearly running away.

 

When I opened it i noticed they have charged for a

 

First visit

Second visit

AND

Levy Fee (Car on the drive)

 

Can they charge for all these together??

 

Second Visit on a first visit?

Levy where a promise to pay has been made?

Levy AND First visit together???

[rippedoffithink]

they are taking the mick , my wife left the bailiffs in and we spoke to him nice and they still rippedmeoff ,take it all the way and have his badge taken from him

gl m8

[ploddertom]

I assume this is for Council tax. Is the sum owed as stated by the Bailiff confirmed by the Council. Send off to the bailiffs for a breakdown of their charges, here's a sample of what to use but adapt to your own needs. Send initially by email and put a 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"

 

He should have charged a levy only. Is your car on finance?

 

PT

[Big Dan]

 

He should have charged a levy only. Is your car on finance?

 

PT

 

Thats what I thought, I have already made a complaint to both them and the council for the last time they visited when the bailiff came down our path with my wife watching from the front room threw a failed visit letter through the door before running (quite literally) back off down the path before driving off.

 

Rossendales and the bailiff himself refused to give me his certificate number to make a formal complaint to the county court so I couldn't take it any further.

 

Now this. The car was towed back by the AA Sunday with engine problems and is in my wifes name so not fussed about that too much just astounds me that despite there being so few rules for bailiffs (I've done the course) they struggle to stick to them.

 

Funny thing is I wasnt even technically in arrears before the council took me to court but was paying when the reminders came through apparently they only send you two reminders then automatically take it to court, I even phoned the council (well Liberata who administer the council tax) and offered to bring us back up to date prior to the case being sent to court but they refused!!!

[Big Dan]

Hi,

 

We have just had the pleasure of a visit from Rossendales in respect of their fees to recover council tax.

 

The council tax was paid in full to the council approximately 2 months ago and we had not heard anything from them since we disputed the fees as we did not believe the bailiff had in fact made attendance and they sent a reply saying THEY had investigated and foudn the fees to be due.

 

I arrived home from work to find a bailiff at the door who said we have to pay £255.00 or they would remove one of our vehicles.

 

I advised we were not in a position to pay but they have made a merry song and dance about clamping the vehicle and left a 24 hr notce to say they will return tomorrow to return the vehicle if we do not pay.

 

Can they do this??? Is this not now an excess levy as the car is worth £2000ish and the fees £255 and should they have told us they were coming??

[cerberusalert]

Moved to the Bailiffs forum.

[Big Dan]

The bailiffs have never been given access to our property and we have never signed anything for them.

 

We have always disputed the fees as at the times they have stated they attended we have been home.

[Big Dan]

I have an email from Rossendales (the last correspondence that we had received from them) advising that there was an outstanding balance of £95.50 payable by return however the Final Notice states a outstanding amount of £245.50???

 

The bailiffs have not removed the car but it is currently clamped outside our address

[Big Dan]

Also we are currently in the process of going bankrupt so not sure if this affects anything??

[Big Dan]

We have also never as far as I know received a notice of seizure....

[Big Dan]

We have had no breakdown of costs neither have they left us with the statutory information:

 

* the law setting out their powers and what they can and cannot do. These are the ‘enforcement regulations’;

* any agreement you have actually signed. This will be called a ‘walking possession’ agreement and includes a list of goods the bailiffs have warned you they may take;

* the charges the bailiffs are allowed to make for each visit.

[Big Dan]

Do Liability Orders/Distress Warrants generally cover for bailiffs fees of just the debt itself???

[Leakie]

Hi Big Dan

It may be worth giving your council a call to check weather they have paid the Baliff fees out of your payment,

so in effect you still owe the LO

 

I have a funny feeling I may be in the same situation soon as I paid my LO off in full,

I did comfirm with the council that it was paid in full and they do not pass anything on to the baliffs.

I was told that this was now between them and my self,

There was a tread on here debating which is the correct procedure for the councils, as some pay the Baliff fees out of any money paid to the council and some do not.

 

I thought that the baliff had been to me on one occasion but was not prepared to pay for 2 visits,

but Eqita let slip that a baliff had not been allocated,

I told them that they could not charge for letters, but they insist that they can, and will be around.

 

Good luck and let us know how you get on with the council, and we can advise from there.

 

Leakie

[ploddertom]

 

I thought that the baliff had been to me on one occasion but was not prepared to pay for 2 visits,

but Eqita let slip that a baliff had not been allocated,

I told them that they could not charge for letters, but they insist that they can, and will be around.

 

 

If you have hassles over this ask them which Regulation allows them to do this.

 

PT

[Leakie]

For some reason I missed a lot of your posts Big Dan

 

Bankrupcy I think once the LO is made it possibly will not be included in the BR

I am not 100% sure though.

I think they may now have levied on your car now, this may be why the charges have gone up.

 

It may now be a case of paying up then fight the charges.

not the answer you wanted to hear,

 

I understand the situation you are in as I was made BR 2 years ago ,

 

Leakie

 

Thanks PT

I have a thread on the go, which you have kindly helped me with.

[Big Dan]

Is there anyway I can check the status of the liability order against me as I am under the impression that if this has been marked as paid the bailiffs have no legal right to use it to attempt to recover their fees?

[ploddertom]

Have you sent off for a breakdown of the Bailiff charges? You need to confirm with the Council if your Liability has been discharged - the Regulations allow for the Bailiff to claim all his fees first.

 

PT

[Big Dan]

Thanks all have requested, amongst other things, a breakdown from the bailiffs and as this is an ongoing complaint hit them with all barrels regarding the conduct I do not agree with and made several requests for info such as a copy of liability order etc etc.

 

Just to ensure this is not ignored I have forwarded the email onto the Local Government Ombudsman, The Council (or Liberata who deal with the council tax) and our local councillor to see if I can get anywhere.

 

Next stop the local paper.................?

[Thegreenpimpernel]

I've been saying for some time that the (legitimate) fees become part of the LO.

 

As PT says, if the LO isn't marked as satisfied then they can, and will, attend to collect their fees.

 

Given that a council withdrawing the warrant / authority while the fees remain unpaid is a MISTAKE in your favor ( a rare one at that) I have always advised to pay them £42.50 to avoid the risk of this exact scenario - i.e. getting hit with hundreds in levy fees and attending to remove fees to save £42.50!!!!!

 

If people paid the £42.50, which lets face it, makes not paying your £1000 of council tax for a year the cheapest loan you will ever get!, then the ball would be in the bailiffs court to justify further enforcement regarding bogus fees.

 

As for the OP, unless the council back you up by stating they have withdrawn authority - I'm sorry to say that you might be screwed!

 

It's probably of little comfort to you that the OR may well have forced the sale of a £20,000 car as part of your bankruptcy.

 

Good luck.

[Leakie]

I agree with PT and Thegreenpimpernel

 

It's the council that you need to check with about the LO

The council sent me a screen shot that showed the balance of the LO on zero,

if there are legitimate fee's then these will have to be paid.

 

Just a thought any fees that are charged by the Baliffs would they not be included in the BR,

as these would not be included in the LO originaly ???

 

leakie

[Vicki202]

Hi Dan your first step is to find out what is owed on the LO if anything if you can get this in paper all the better, If it is said that there is a amount of zero on this then the bailiffs are stuffed if you believe there is no levy or notice of seizure on the cars once a LO is paid in full they no longer have any clout make finding this out your first step. if when they do turn back up at your property video them

[outlawla]

Do Liability Orders/Distress Warrants generally cover for bailiffs fees of just the debt itself???

 

..Just to ensure this is not ignored I have forwarded the email onto the Local Government Ombudsman, The Council (or Liberata who deal with the council tax) ....

 

There is a FOI request made to Pendle Borough Council who I believe use Liberata to do their dirty work Mafia Liberata.

 

Subject: Freedom of Information request - Bailiff fees unpaid by debtor for council tax recovery

 

Dear Pendle Borough Council,

 

In cases allocated to bailiffs for collection of council tax; do Pendle Borough Council pay the bailiff their fees for work carried out by them when the debtor does not because of direct settlement of the account with the authority?

 

- No fees are paid to the bailiffs.

 

If compensation to bailiffs is paid by the council due to debtors not paying bailiffs their fees; what are the annual figures for the years 2002 to date with respect to this payment?

 

- Not applicable - see above.

 

Though it has to be remembered that council's responses to FOI requests are typically limited and misleading. Probably the best response to this FOI question – to get a proper insight into the way contracts work between councils and their dogs – is Manchester City Council. This was discussed on a CAG thread Can bailiffs levy for their fees alone.

[hallowitch]

Is your car on HP or finance

[Big Dan]

So it seems we are well and truly stuffed as different advice from everyone we have spoken to.

 

Nobody seems to have a definite answer as to what the rules and laws are surrounding bailiffs so we are stuck between a rock and a hard place either continue to refuse to pay and risk loosing our car if they are in the right our car or pay the £250 they now say we owe which we sorely cannot afford and lose out to their bullying tactics???

[Leakie]

Hi Big Dan

Did you get a chance to speak to the council,

What people are saying, if you paid the LO before the Baliff came Knocking,

and all you recieved were letters then you will owe nothing !

if they had been around and push there first / second visit ( not just a letter delivered by the post man saying they called)

before you paid the LO then I'm afraid you will owe the fees.

 

You will need to check when the Baliffs had turned up if at all.

 

Leakie