Bailiff Charging twice??

[DeeDee401]

We owed a some money in CT for 2009 and then again in 2010.

We were forced into an arrangement with the bailiff. Now by "force" I mean the bailiff showed up at 5:30am and clamped our vehicle and refused to leave without £500 in his pocket and a monthly owing of £250. We had to clean out our bank account then and there and enter into an agreement that is WAY more than we are able to pay a month. Previously we sent a copy of our monthly budget showing our income and how much we were able to pay to both the council and the bailiff which was subsequently ignored by both.

 

The bailiff has been charging us for visit fees, levy fees etc.. for two separate accounts - 2009 AND 2010 which means are being charged twice for everything. This seems VERY wrong.

Does anyone know for certain if this is in fact legal, cause it sure as heck doesn't seem like it!! (although, a lot of what has happened to us does not seem legal!!)

 

Also, is there any way of getting our payments lowered. We signed under DURESS and simply cannot pay it!!

[seanamarts]

Can you let us know how much each liability order was.

The charges and fees made.Do you know how many visits were made.

Who is the bailiff company (dont mention the bailiffs name)

Has the bailiff gained peaceful entry to your home.

 

He should not have been calling at 5.30am

 

Were you given any notice's

Have you been given a copy of the levy (good seized) Ie car

 

It would help us to know these.

 

thank you

[DeeDee401]

[DeeDee401]

[seanamarts]

DeeDee can you resubmit please as these are not showing up.. how are you sending these, it maybe that the subject is to large. It may help uploading them to something like image shack then posting a link.

[DeeDee401]

Sorry. I was having some problems. I'll just do it the long way.

Here is a breakdown of what's been charged as provided by Ross and Roberts (the bailiffs) themselves.

 

Debt : 1301.80 +

First Visit - 24.00

Second Visit - 18.00

Levy - 61.00

Waiting time - 120.00

WP (?) - 12.00

Total 1597.00

Payment made - 225 = 1312.00

 

Debt #2 (council tax 2010)

Debt - 1300

1st Visit - 24.00 + 2nd Visit - 18.00

Levy - 61.00

Waiting time - 120.00

WP - 12.00

Payment made 226.50

Total - 1250.00

 

He was given peaceful entry. We had to go through with the levy as our car was clamped. We could have sat there all day, but I needed to be at work or I'd lose my job. He had visited us twice prior and gave no indication when he would return. We kept refusing to accept his offer as he would not enter into any agreement that we could possibly afford on our household income, therefore he returned and clamped our vehicle and threatened to have it removed if we did not pay the £450 (for both debts) upfront.

We made a payment in October and according to our bank it went through without any problem. He still arrived back mid October claiming that the funds had not been recieved. We were forced to make a payment then and there as well as paying ahead the next month. This was of course, VERY distressing as we were again forced to hand over every penny we had. Luckily the bank took pity on us and although they disagreed that the money was not recieved refunded the amount.

Now I could be wrong but this doesn not sound right? Could someone please critique our statement so I know what's what and make sure its legally on the level or not??

[Feebee_71]

Hi there,

 

WP stands for walking posession and is what they have on your car.

 

There isn't, as far as I understand it, any provision for bailiffs to charge a waiting fee on the accounts so these can be disregarded (though you will perhaps have a fight to get the sums removed).

 

You need to know what dates the bailiff has applied as being the visit dates as he is not allowed to charge multiple fees for different accounts if the visits happened on the same date - so, if he called on Monday for the first time and has 2 years worth of C.Tax to collect, he can only charge you £24:50. If he obtains a levy on the first visit I don't believe he can charge for a visit fee and a levy fee on the same date - others will be along to confirm this.

 

You need to put down the dates the visit fees etc were added to the account (if you have that already) otherwise you need to ask the bailiff company for the dates for each visit and for when the levy was obtained.

 

Others will be along soon enough to add better advice than I've given here,

 

Feebee_71

[seanamarts]

Feebee is correct, there is nothing in sch 5 to state that this charge can be made;

 

The Council Tax (Administration and Enforcement) Regulations 1992

Schedule 5.

 

There are no regulations set out by schedule 5 for such a fee regardless whether or not a Council have a set arrangement for this Fee to be charged.

 

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.

 

Do you know what the bailiff levied on.

 

how many times has the bailiff been and were the liability orders carried out on the same day.

[DeeDee401]

Thanks Feebee_71. To clarify, while I do not have the dates, the bailiff only visited our home three times, including the day he clamped the vehicle. His visits were with respect to both accounts. He did not make separate visits. I'd understand wanting the fees if he came for one account on one day and returned on a separate occasion for the other but this is not the case. Our vehicle and a few small possessions (our £15 ikea kitchen table for example) were levied twice for each account. (ie there are two levies carried out on the same day which contain the same items.) I hope that makes sense?

[seanamarts]

If that is the case then all he can charge is £42.50 for two visits.

 

Can you let me know what on the levy.

[DeeDee401]

Levy includes:

 

Our vehicle (purchased a year ago for a staggering £500)

Wii and PS3 and games

Ikea table worth £15 and a bookcase.

 

Needless to say, he didn't make much of an effort to levy the goods in our home.

 

The question in that case is what to do about it.

We can either send a letter detailing what we believe we owe. We fear this might be kicking a hornet's nest so to speak and they may try and create a second levy to even things out and put them in the right.

The other option (my husband's suggestion) is that we stop payment where we feel we have hit the limit of what we are entitled pay and tell them that we have no intention of paying the added illegal fees. I fear this will only cause a lot of unnecessary hassle when they try all sorts of nasty tricks to get us to pay.

[ploddertom]

Did he have a Clamping Order when he clamped your car? Send off for a breakdown of the fees he is charging. Here's an example of what to use, adapt as you see fit and send initially by email backed up by a copy in the post:

 

"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"

 

R&R tell some marvellous stories about multiple levies and other fees not on the Fee Schedule.

 

PT

[DeeDee401]

Then what? Do I go after them now and try and use some legal clout to get them to remove the fees or just pay what I feel I owe?

[ploddertom]

See what comes back first. Nothing happens overnight and you must be in for a game of letter tennis between Bailiffs & Council.

 

PT

[ploddertom]

Am confused now as have gone back to read properly. You say you have the breakdown but they have not given the dates all occurred. In which case you need to go back to them and insist as otherwise you cannot acheive an objective response - it's like being given a new car but they have retained the steering wheel.

 

Have you also had confirmation of the amounts owing from the Council, the dates the LO's were obtained, the period of time each covers etc.

 

PT

[seanamarts]

Wii and PS3 and games

 

Do these happen to belong to children?

[brassnecked]

Do these happen to belong to children?

 

If they do, they are exempt from seizure along with children's toys, furniture etc