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Hi

 

I am after some advice!

 

My sister has had a bit of trouble paying her council tax and it appears that the arrears was sent to Andrew James Enforcement Limited who are a bailiff.

 

She has not received any communication from this company until she had a knock on the door yesterday. She wasn't at home at the time, and they posted a red removal notice through her door. The notice says that they had attended to Remove her goods and take them to auction. The amount due on the notice is £367.

 

Are the bailiffs allowed to issue a red final notice without prior communication?

 

I have spoken to the council today on her behalf, who have confirmed that the initial arrears was only for £153. I have paid this off directly with the council. Does this now mean that the Bailiff are no longer entitled to remove goods from the house?

 

I don't know what to do now with this Bailiff company!! I assume that she will only owe them the difference?

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if this was their 1st visit she owes them £24,50 I suggest you/she pays this to the council asap

 

if they refuse to accept this payment because its bailiff fees remind them of there legal obligation to accept schedule 5 charges

 

quote this to them

The Council Tax (Administration and Enforcement) Regulations 1992

 

Distress

 

 

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

 

(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

 

(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

 

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

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if this was their 1st visit she owes them £24,50 I suggest you/she pays this to the council asap

 

if they refuse to accept this payment because its bailiff fees remind them of there legal obligation to accept schedule 5 charges

 

quote this to them

The Council Tax (Administration and Enforcement) Regulations 1992

 

Distress

 

 

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

 

(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

 

(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

 

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

Hi,

 

Thank you for your reply.

 

I have made a payment to the council directly for the original amount £153.59. She told me that they would inform Andrew James that I had paid this off.

 

Is there anything else I need to do to stop them from being able to remove items from the home?

 

This is 100% the first communication we have ever had from this company, so I am not sure why they are asking for a whopping £214 extra?! I have no official paper work that shows they have only been the once, so how do I prove this?

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Is there anything else I need to do to stop them from being able to remove items from the home?

 

keep the door locked windows closed hide any vehicles

 

pay the £24.50 then make a FORMAL COMPLAINT to the ceo of the council

 

your complaint is that you have had one bailiffs visit where no levy took place therefore according to legislation seclude 5 of The Council Tax (Administration and Enforcement) Regulations 1992 the fees charged should be £24.50 not £214 ask them to put all further bailiff action on hold until the council can establish why this bailiff mr xxxxx has charged such extortionate fees for a 1st visit inform them you have paid the liability amount of £153.59 plus a first visit fee of £24,50 to the council on (date )

 

PS if this is wales then a 1st visit fee is £22.50

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AFAIK as the actual liability order has been settled, the Bailiff can no longer use his "powers"

 

if he wanted to enforce his fees, he cannot, except by going to court for a CCJ which they never do for some reason ;)

 

Also, if he has only made the 1 visit the most he could charge is about £24, so would be very interesting to see where the extra near £200 has come from! Might be worth making an official complaint.

 

Tell your sister to keep doors and windows locked for the time being until Council confirms the Order has been paid though.


[sIGPIC][/sIGPIC]

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Thanks everyone for your help. I have paid £24.50 to the council as mentioned above. I will ask the council to send written confirmation.

 

What happens if they do now visit again? Will she be charged for another visit even though I have paid it?

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I would not advise anyone not to pay legitimate bailiff fees the council should/could pay the bailiff fees from the payment made I believe bailiff fees are paid first from any payment made to the council

 

we all spout the nation standards for enforcement agents however they work both ways

http://www.debtfreeme.co.uk/assets/dfm/national-standards-enforcement-agents.pdf

page 3

Creditors agreeing the suspension of a warrant or making direct payment arrangements with debtors must give appropriate notification to and should pay appropriate fees due to the enforcement agent.

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Thanks everyone for your help. I have paid £24.50 to the council as mentioned above. I will ask the council to send written confirmation.

 

What happens if they do now visit again? Will she be charged for another visit even though I have paid it?

 

you cant be charged for further visits (they may try it on) as their is no outstanding debt

send the FORMAL COMPLAINT this can be done by e-mail to the CEO of the council (you should be able to find out who he/she is and the e-mail address on the councils website)

 

did you check the bailiff is certificated

http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated

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I have sent an email off to the CEO email that was on the council website. I will wait and see what the outcome of that is. I haven't checked to see if they are certificated, but I will be now!

 

Thanks for your help

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