council tax bailiff

[lcjfp]

hello,

 

wondering if anyone can give me some advice on an issue with bailiffs in relation to council tax.

 

on tuesday a bailiff turned up at my door, asking for unpaid council tax. i didn't let him in. we have had no prior warnings about this. we have the money available to pay the outstanding council tax, but wish to pay it to the council rather than the bailiffs.

 

he has threatened to turn up with a locksmith if we do this? which is illegal isn't it?

 

he is trying to charge bailiff fee's of £200, how do I go about disputing these fees?

 

if he turns up on saturday, when he said he'd come back, and I provide proof of having paid the outstanding council tax, what will he do?

 

any help or advice on the situation would be appreciated.

[brassnecked]

If you can pay it pay it in to the council, but add £24.50 for a first visit fee or the bailiff will still call , if you do this get a receipt for the full amount, if the council won't accept payment telling you to deal with the bailiff get them to sign a note to that effect as they legally have to accept the payment if tendered, and their refusal will form the basis of a complaint later as you see it as an attempt to increse the fees to benefit the bailiff. If they do refuse pay it using the online system and print off a receipt.

 

other caggers will no doubt be able to nelp further.

 

When/if a bailiff shows up film him even with a mobile phone to capture any threats and exxageration of his non existent powers.

 

move your car away and deny hiom entry, as there is no law that says you must deal with a bailiff

[lcjfp]

the council have said they will accept payment, so I'll do that. i just don't want to do that and then get into more problems. but i think it's the best way to do it right? obviously i'll get a receipt from the council.

 

does anyone know my legal situation on the £200 of bailiff fees?

[lcjfp]

it says the page can't be found?

[brassnecked]

If the bailiff hasn't levied anything then he can only have a first visit fee of £24.50, they will claim all sorts of inflated fees and hope you will cough up

 

Did he leave a notice of seizure listing your car or a random car?

[lcjfp]

he left a piece of paper titled 'attendance notice the clearance of goods' but he didn't actually come inside. i don't have a car so this isn't a problem.

[unclebulgaria67]

it says the page can't be found?

 

Because CAG removed the link and changed it to a humourous one instead ( pilesadvice ) . They don't accept some links and this was obviously one of them.

 

It was just an advice site about bailiffs, which I am sure you will find, if you search for it.

[lcjfp]

Does anyone has any advice on our £200 bailiff fee? What does the term levy mean or refer too? If he hasn't been in the property or hasn't started to take anything out can he only charge me £24.50?

[hallowitch]

bailiffs fees are set by legislation

 

regulation 45 (b)schedule 5 charges conected with distress

 

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

 

LEVY

 

when a bailiff levies he lists your goods on a notice of seizure/distress to secure the goods against your debt

 

I suggest you phone the bailiff (recording the call) and ask him what fees he has charged

 

as said your fees are 1st visit fee £24.50

[lcjfp]

OK, thanks all for your help so far. one last question and I think I'll be alright. Under what circumstances can a bailiff enter my property? I know he must enter peacefully, but he claims to be able to bring a locksmith and the police to the property and come in? Is he just trying to intimidate? If I've paid off my council tax with the council does he has have any right at all?

[hallowitch]

OK, thanks all for your help so far. one last question and I think I'll be alright. Under what circumstances can a bailiff enter my property? I know he must enter peacefully, but he claims to be able to bring a locksmith and the police to the property and come in? Is he just trying to intimidate? If I've paid off my council tax with the council does he has have any right at all?

 

no he cant get locksmith police ECT yes he is trying to intimidate you

 

when you paid the council did you include the £24.50 legitimate fee

 

there is every possibility the council Will pay the fees to the bailiff from your payment the council will pay the bailiff what he asks for without questioning the legality of the fees this will then leave an outstanding balance on the liability order which the bailiff will be back to get from you

 

however as you have no car and you know not to let the bailiff in this should give you time to sort it out

 

have you checked to see if the bailiff is certificated

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

 

you will have to get a breakdown of charges from the bailiff firm (what firm is it)

[lcjfp]

Yes, he is certified. one of the first things we checked. we are paying the outstanding amount tonight, so can include the 24.50 with that. The firm is Rundles. As you'd imagine they haven't been very helpful with dealing with this. I'll call the council again now and see what they say. Thanks all so much for your help on this. Really appreciated.

[hallowitch]

Yes, he is certified. one of the first things we checked. we are paying the outstanding amount tonight, so can include the 24.50 with that. The firm is Rundles. As you'd imagine they haven't been very helpful with dealing with this. I'll call the council again now and see what they say. Thanks all so much for your help on this. Really appreciated.

 

do not allow the council to tell you its nothing to do with them because its in the hands of the bailiff this is simply not true but often said by many councils

If you get told this ask the name of the person you are speaking ask them if your call is being recorded tell them you intend to make an official complaint about the wrong information that you have just received

the debt belongs to the council the bailiff is acting as a contractor on behalf of the council

and don't let them tell you they don't have the the bailiff charges they do they have instant access to you account held with the bailiff firm

[lcjfp]

thanks for that advice hallowitch. cant stress how helpful everyone's been. thanks loads.

[lcjfp]

Just spoke to the council and they've agreed to accept payment and inform bailiffs so. Thanks again Hallowitch, your advice worked very well. Does anyone have any advice on how to deal with bailiffs and their fees? £200 is quite clearly ridiculous for one visit. Or is this where I start to get into legal grey areas?

[ploddertom]

bailiffs fees are set by legislation

 

regulation 45 (b)schedule 5 charges conected with distress

 

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

 

LEVY

 

when a bailiff levies he lists your goods on a notice of seizure/distress to secure the goods against your debt

 

I suggest you phone the bailiff (recording the call) and ask him what fees he has charged

 

as said your fees are 1st visit fee £24.50

 

I appreciate most of us have used the Herefordshire link for charges at one time or another but do you realise it has a typo in it in that it has the 2nd Visit as £18-50, I've now started using a different one http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0

 

PT