Question regarding Bailiff Fees

[phunkeymonkeh]

To cut a long story short, i was £200 in arrears on last years council tax. Judgement was ordered, and i was presented with a bill for the outstanding amount plus this years circa £900.

 

The bailiff company came (Menai Collect) and i paid them in full on their first visit, and i didnt sign anything or let them in.

 

They charged me £85 for removal with a van....

 

Can they do this? i thought they could only apply this charge if a walking possesion had been signed.?

 

I complained to the Bailiff compant requesting the £85 back, and they have just sent me a letter saying that they can charge this fee at any stage and do not require me to have previously signed a walking posession.

 

I want to double check before i write to them again.

Thanks

[phunkeymonkeh]

Anyone?

[elsinore]

They're pulling your leg, phunkey.

There is no point in them attending with a van to remove goods if they have not previously entered your house to levy.

Presumably there were other charges beside the £85 van fee. They might have overcharged you for those as well!

Write to them asking for a full statement of their costs.

Write to your council complaining about the charges imposed by their bailiff.

Make sure each letter is accompanied by a copy of the other.

Post back here when you get a response.

 

Elsinore

[phunkeymonkeh]

Hi Elsinore,

 

There were no other charges. That was their first visit.

 

I have already written to them and the council.

I havnt received a response from the council yet, but Menai Collect wrote back stating that and i quote

 

'the regulations do not state that this fee can only be charged if a walking possesion agreement has been entered into. '

[elsinore]

You might want to ask their managing director, Mike Garland, if he thinks this squares with the 'mission statement' on his website:-

 

"Menai’s focus is to obtain the best outcomes for its clients’ while maintaining the highest possible standards of professionalism; upholding the dignity of the laws under which it operates and promoting respect in equal measure for the law and for those against whom it enforces the law"

 

Elsinore

[phunkeymonkeh]

Sorry, this letter was from Mike Garland.

 

The bailiff that called at my house was the other director ! Such a professional outfit.

 

Esentially what im asking , is the charge legal at that stage....first visit and no entry or walking possesion.

 

If not, do you have any links or exerts i can fire back at him.

[Ellie968]

No, it is not legal to charge a van fee for collection of council tax if the bailiff has not taken a levy. The fees for council tax are regulated by statute - if no levy has been taken then they are allowed to charge £22.50 for the first letter or visit and £16.50 for the second. That is it unless they obtain walking possession - if you would like a summary of what they can charge go to national debtline's web site: National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000, and go to factsheets, then bailiffs and council tax, where the regulations have been reproduced. They do this all the time - don't let them get away with it. If they refuse to refund you, national debtline's factsheet tells you how and where to complain.

[Ellie968]

oops sorry, that was meant to be http://www.national debtline.co.uk, thats the trouble with cut and paste. Tho you could phone them as well for confirmation.

[phunkeymonkeh]

I wont go into the details because it enrages me.

But to give you the full picture i met them on the doorstep as i was leaving. I refused to sign anything or let them in.

 

The bailiff removed, without my persmission..my car keys from my back pocket and wouldnt give them back.

 

Does this change anything at all, can they 'levy' without me signing anything ?

I should mention that their van, was not a van at all , but a mitsibushi truck

[Ellie968]

That does cloud the issue a little - did they remove your car? What happened to the keys? Basically I think they can sieze a vehicle if they have reason to believe it is yours (and the bill is in your name) but if they want to have the right to come back another time to remove goods then you have to sign a walking possession agreement.

[elsinore]

Bailiff charges for Council Tax from October 2003

 

For a visit to your home where no entry is made and a list of goods is not made (i.e. a levy is not made)

a) £22.50 for a first visit

b) £16.50 for a second visit

c) no further charges for further visits

 

For one attendance with a vehicle with a view to recover goods after the levy has been made under this heading -

 

Reasonable costs incurred (N.B. only one charge can be made).

 

Elsinore

[phunkeymonkeh]

No they didnt touch the car just took the keys and said if i dont pay in full today they will take the car.

 

They kept the keys until i paid (ie 10 mins later)

[Ellie968]

Agree with Elsinore - no levy - no more than £39 charges. Doesn't sound like the levied the car.

[oscar21]

Surley they cant pick pocket you, I would have reportred them to the police for theft, or used reasonable force to protect myself from street robbery.

[Ellie968]

No they can't pick pocket you - although having watched the Whistleblower programme on bailiffs this week - they seem to get away with all sorts of things they can't legally do - and if it is your word against theirs it seems they get away with it with impunity. Outrageous.

[phunkeymonkeh]

Funnily, the letter i received from the bailiffs regarding my complaint confirms that they took the keys from my pocket.

[oscar21]

>Funnily, the letter i received from the bailiffs regarding my complaint confirms that they took the keys from my pocket.

 

Is it worded like they pick pocketed you? I would be going straight to the police with that evidence.

[phunkeymonkeh]

it says and i quote

 

'the bailiffs confirm that the vehicle keys were hanging from yout pocket and that they took them in order to sieze your vehicle"

[Saffronflowers]

Please bump for phunkey - I have pm'ed you

 

Sfx