Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[hallowitch]

honey

 

you really must stop thinking its pointless its not

you must get a breakdown of your charges from the bailiffs with dates for all accounts

you must also find out from the council the dates each liability order was sent to the bailiffs and the amounts

 

you have 3 levy fees did the bailiff levy the same goods 3 times

[hallowitch]

suzyc71 i have sent you a private message

[honeysuckle weeks]

honey

 

you really must stop thinking its pointless its not

you must get a breakdown of your charges from the bailiffs with dates for all accounts

you must also find out from the council the dates each liability order was sent to the bailiffs and the amounts

 

you have 3 levy fees did the bailiff levy the same goods 3 times

 

sorry hallowitch about the being pointless

they have really worn me down...and ive not been feeling well..

maybe it might be a good thing if i went to court, and put my thoughts across. and explain how hard it is to pay council tax and baliffs fees.

[hallowitch]

Honey thats what they do they ware you down so you will just pay up

 

I can assure you it wont get to court the council wont take you to court because you are paying what you can and they can only take you to court if you wont pay

you must get the bailiffs fees sorted this will reduce your debt considerably

and why the hell should you work your a$$ off and do without to pay bailiffs fees that that they should not be charging

[K3NNY]

Can someone please clarify the "PEACEFUL ENTRY"

Every post states

do not leave doors or windows open

Nothing i have read says locked

So

my question is

can a Bailiff gain peaceful entry if my door is closed but not locked?

im sick of locking my front door every time i walk in and out even to put the bin out.......

[hallowitch]

Can someone please clarify the "PEACEFUL ENTRY"

Every post states

do not leave doors or windows open

Nothing i have read says locked

So

my question is

can a Bailiff gain peaceful entry if my door is closed but not locked?

I'm sick of locking my front door every time i walk in and out even to put the bin out.......

 

A bailiff can open an unlocked door and enter the property

He can also climb in an open window in both these situations it would be classed as peaceful entry

[K3NNY]

Thanks

i thought so i will continue to lock myself in and out

 

could anyone clarify the licensing of immobilisers

does a bailiff have to hold the SIA licence

i am aware of the 80% workforce exemption rule.

I HAVE READ CONFLICTING QUOTES from not only these forums but from others also

[miranda_bdf]

K3nny

The bailiff does not need a SIA license to clamp a car.

There are plans down the tracks for bailiffs to come under the same licensing provisions, but for the moment at least they need to be certificated by the County Court (there are other threads which explain how to look at the online register to check them out).

[Ripley]

I owe a large chunk of this years council tax. In September 2009, a liability order was granted against me, and I still owe £1180. I work for the same council that I pay tax to, and own my house - I am also struggling with mortgage arrears. The council have issued me with a notice of impending bankruptcy or bailiff action if I do not respond within 14 days.

I would like to make an arrangement to pay an affordable sum, but will they accept that with the new financial year about to begin? Can they attach my earnings, or order the sale of my house?

[K3NNY]

The SIA website states there are no exemptions?????

i have just spoken to the SIA

They have confirmed the Person clamping the vehicle The person towing away the vehicle and charging a release fee must hold the relevant SIA licence..........

im sooooo confused

So the whole details are available for our learned friends i will describe the events

Equita Bailiffs attended my property 13th Jan (equita not approved OR licensed on sia for immobilisation)

They levied on a vehicle 13th Jan

they immobilisd the vehicle 13th jan by clamping it

they instructed a towing contractor on the 13th jan (Charles Taylor)(CERBERUS) (not approved for immobilisation on SIA but for 3 other services)

They removed the vehicle on the 13th

i was charged a release fee which i paid yesterday neither company will give me a reciept or breakdown of fees unless i write into them.and then it is only the bailiffs who have given me the option the towing company will not provide) i wanted a comparison to make sure that equita were not making a profit on the towing and storage.

 

So all in all a £35 ticket has cost me £670

excessive to say the least

i await a breakdown of the fees from Equita so i can question the High cost to original fine.

[hallowitch]

K3NNY can i suggest you start your own thread on this Equita have been Rather naughty

have a read of this

In the Central London County Court - Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008

 

Mr Culligan challenged the bailiffs fees & charges imposed by Mr Simkin and Marstons when levying distress and seeking to remove Mr Culigans car for non-payment of a Penalty Charge Notice issued by the London Borough of Camden.

 

The Judgment goes a long way to clarify exactly what a Bailiff can charge for levying distress. Bailiffs have always sought to charge for fixing an immobilisation device by clamping a vehicle, and an attendance to remove. These charges in Anthony Culligan's case were £200 (£100 for the clamp and £100 for attendance to remove). The Bailiffs have argued that the Fee Regulations permit them to make a charge for levying distress (that is 28% on the first £200 demanded, and for removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges). Bailiffs have claimed that the costs of putting on a clamp, etc. are costs to be included in attending to remove where no goods are removed, if payment is made before the vehicle concerned is removed.

 

 

 

 

DJ Avent, after considering Case Law and Statute, has found that the purpose of putting on a clamp is to "impound" the vehicle and is not part of the costs of removal. This is because:-

 

1. The Bailiff's obligation is to secure the vehicle, and the simplest and easiest way to do this is to "immobilise" it so it cannot be driven away. This is effectively the equal of impounding the goods.

 

2. The Fee Regulations provide for a distinction between the levying of distress and removal of goods. There is a gap between the two stages. The purpose of this "gap" is to allow the debtor to make payment of what is due after the first stage.

 

DJ Avent says at paragraph 50 of his Judgment:-

 

"Accordingly, in my judgment the bailiff should not and, as a matter of law cannot take any steps to remove goods until he has given the debtor a reasonable opportunity to pay what is due at the time of seizure. This being so I cannot see that Form 7 can or should include any costs of removal. Mr. Simkin included on the Form 7 he produced for Mr. Culligan the sum of £100 in respect of the immobilisation device. If, as the Defendants now argue, that was part of the removal expenses, it should never have been included in Form 7".

 

The District Judge went on to find that the application of the clamp falls within the act of levying distress and does not form part of the removal process, whatever the Bailiff's Contract with Camden says.

 

The Bailiff also charged Anthony Culligan £100 for the " reasonable costs " of removing the vehicle (although the vehicle was never actually removed) in that a tow truck was called and actually arrived at Anthony Culligan's home. Because the Bailiff produced no evidence as to how the charge had been arrived at he was unable to show that it was reasonable.

 

The District Judge in his conclusion says:

 

"I am also conscious that my findings in this case ... may have wider consequences and may cause problems for bailiffs because they will not be able to charge for immobilising a vehicle as a separate charge but must include it within the cost of levying distress. To do otherwise would, in my judgment, be unlawful... I would also add that if the Defendant or either of them in the light of this judgment now continued to apply such charges in the manner in which they have done up to now and, specifically, charge fees of £100 for applying an immobilisation device then that would amount to conduct which may well then found a legitimate complaint because in my judgment it would be unlawful....".

 

What this means in effect is that Bailiffs who continue to make unlawful charges may be guilty of misconduct and have their Certificates removed.

 

You should know however that Marstons obtained permission to appeal from the District Judge. His reasons for granting the permission were :

 

"The bailiff was following the practice in force for 15 years. No one has challenged the right to charge for wheelclamping before.

My decision that they cannot do so (at least to the extent that they have charged until now) not only affects the London Borough of Camden but also every Borough with de-criminalised parking.

 

Accordingly, it has significant local and possible National implications and that is a compelling reason why an appeal should be heard"

 

Finally, Camden now as a matter of urgency, need to revise their Contract with Bailiffs such as Marston, to take account of the District Judge's Judgment generally, and in particular to remove the authority to charge a fee for an immobilisation device over and above that provided for in the Statutory Fee Regulations.

[K3NNY]

Hi thanks for the response

you either work for bailiffs advice online or like me have paid the £5 to access their downloads..... or have another source as you are so informative

i have just read this whole judement you so kindly pasted into the forum since my last post.

It does make very interesting reading.....

I know Equita have been naughty and they are still being naughty by not giving the appropriate notices and information required.

 

Not

only this but the bailiff (allegedly assaulted me) i say allegedly as the police are investigating BUT I WAS SHOVED FORCEBLY WITH 2 HANDS ON THE SNOW AND ICE.....................AND the bailiff ran toward me i ensured i kept a distance between myself and the bailiffs there were 2 of them......

to me this is assault and the law states it is assault,

you wouldnt believe the excuses the police came up with to excuse this assault for the bailiff "they were protecting the contents of the vehicle????????????? due force lmao............. by the way i called the police after the assault....... yet the 4 police count them 4 all went to the bailiff on arrival and told me to shut up when i approached to tell them i was the complainant ...........

the 4 officers told me it was their decision to decide whether an assault had taken place and no further action was neccessary...i had to instruct them it was not their decision but the duty sergeant and cps decision.

a quick phone call to the inspector changed that after i lodged a informal complaint there and then they started taking notes.

waffling on and this isnt constructive perhaps i should start a new thread.

[hallowitch]

you either work for bailiffs advice online or like me have paid the £5 to access their downloads..... or have another source as you are so informative

 

I don't work for bailiffs advice but one of our regulars does and gives advice free on here i haven't paid to access there site

I new nothing about bailiffs when i joined this site about 14 months ago looking for advice for my daughter and decided to stay around to see if i could learn something to help others

 

perhaps i should start a new thread

I would say it would be a very good idea to start a new thread

[jqinfo]

I was very scared when the bailiffs kept calling round..one even assaulted my son.

i paid the bailiffs some money, then i found this forum..and paid direct to the council,most of the money paid to bailiffs, is their fees.

i contacted the council and told them to stop sending their bullies round..i offered payments, but they were not interested..

i will still keep paying the council..

i really don't know how any of these people sleep at night.

 

you wont go to prison

They can only send you to prison if you wilfully refuse to pay

 

 

Hi Hallowitch, long time no speak, I hope you are well? May I ask do you have any knowledge on committal proceedings/culpable neglect? I have posted an new thread Help - Comittal Proceedings For Culpable Neglect! but I have not had any replies yet!

 

I know you are very knowledgable so thought I would ask!??

 

JQ

[gearjamma]

These are the

Magistrates Court Fines

 

There is no proper regulation of these bailiffs’ charges, except that they be reasonable and not disproportionate to the size of the debt. The charges are agreed between the magistrates court and the bailiff.

• 20% of first £100
  
• 4% of the next £400
  
• 2.5% of the next £1500
  
• 1% of the next £8000
  
• 0.25% of any additional sum
  

Payment Arrangements

 

The type of payment arrangement also depends upon the type of debt.

County Court Judgments

 

The debtor can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that the debtor can afford. The form lists details of their income, expenditure, debts, and should include an offer of payment.

The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court. There is a fee of £35.00. The debtor can apply for exemption from the fee if they are on Income Support, IBJSA, or Pension Credit. Others on a low income may get remission if their income is sufficiently low. Council Tax

The bailiff will normally want the debt cleared within 13 weeks. The bailiff may accept £5.00 per week off all outstanding accounts if there are special circumstances. Contact your local neighbourhood office for free further advice .

[miranda_bdf]

I think it would be worth saying that the enforcement of Council Tax, and the charges that can be made, fall within the The Council Tax (Administration and Enforcement) Regulations 1992 - starting with the local authority applying for a liability order for unpaid council tax. There is actually a schedule of charges attached to this regulation (Schedule 5) and these specify the charges that can be made by bailiffs. The charges are precise under some headings but there are others where there is scope for overcharging. Formal appeals about the charges are made through the Magistrates Court. I don't entirely follow the last message as the County Court are not involved.

[jenta1]

Can any one help me i had a call off a baliff on the 2/2/2010 for council tax arrears that was paid off in full on the 1st of december 2009. the charges where for late payment of one months council tax in september 2009.

 

they said they have sent letters and been to our house 5 times but we have no evidence of these calls as no letters have been left.

 

they have taken a non walk in levy on a car which we dont even have and are demanding £217.00 for there charges even though there is no council tax oweing.

 

we have talked with the baliff regarding this and he has told us we have to pay or there will be more charges for every vist he makes. is there any thing we can do regarding this as we do not feel that we should pay as we have not had any notice of other vists and there is no outstanding council tax to be paid.

 

the bailiff also said that cos the bill is in my father inlaws name he can be arrested for non payment of council tax but the tax has been paid. we have contacted the head office of this bailiff but have not yet had a repliy. i dont see why we should pay the bailiff for somthing we do not owe.

[hallowitch]

Can any one help me i had a call off a bailiffs on the 2/2/2010 for council tax arrears that was paid off in full on the 1st of December 2009. the charges where for late payment of one months council tax in September 2009.

 

they said they have sent letters and been to our house 5 times but we have no evidence of these calls as no letters have been left.

 

they have taken a non walk in levy on a car which we don't even have and are demanding £217.00 for there charges even though there is no council tax owing.

 

we have talked with the bailiff regarding this and he has told us we have to pay or there will be more charges for every vist he makes. is there any thing we can do regarding this as we do not feel that we should pay as we have not had any notice of other visits and there is no outstanding council tax to be paid.

 

the bailiff also said that cos the bill is in my father inlaws name he can be arrested for non payment of council tax but the tax has been paid. we have contacted the head office of this bailiff but have not yet had a repliy. i don't see why we should pay the bailiff for something we do not owe.

 

welcome to CAG can you please start your own thread and wee will do our best to help you out with this

 

PS your father-inlaw cant be arrested you can only be arrested if you wilfully refuse to pay council tax clearly not the case here

 

how to start a new thread this link Bailiffs and Sheriff Officers will open new page near the bottom on left you will see new thread any props come back here and shout for help

[selinajayne]

jenta call the national debt helpline they will tell you how much to pay in charges. i think they can only charge for 2 visits, the debt line will tell you, i callled them and they told me my rights and i got it sorted

[K3NNY]

Getting a bit tired of waiting for advice it seems everyone wants a pat on the back but how many requests are just getting ignored

Some are being filtered and appear to be more popular

Help and advice please thanks in advance despite taking advice to start my own thread linking onto the end of this one seems to produce better results

K3NNY

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Equita Bailiffs Charges for PCN WARRANT

Hi

Advice required on the following please.

 

Last year my partner was issued a parking ticket.

Forgot about it............

about 3 weeks ago Equita Bailiffs called around.

 

The "DEBT" WAS £110

2 Bailiffs turned up to collect the debt and it was for £319.06 (13/01/10)

My partner could not afford to make the payment no breakdown of charges was presented to her to show the increase

My partners car was immobilised (13/01/10)

My partners car was towed to a storage facility 1 hour later (13/01/10)

 

The following morning (14/01/10) a goods removed receipt was posted through the letterbox stating amount outstanding £319.06 Signed by the bailiff and signed by the auctioneer (it was taken to an auctioneers pound)

 

on the 20th Jan 10 My partner rung and was asked to pay £674 .06 my partner requested a breakdown of the fees and was told to write in for the breakdown my partner paid the £674.06 to release the car and clear the debt.

 

I wrote to Equita asking for a breakdown of the charges as the final amount is excessive to say the least.

 

The breakdown is as follows as printed on the letter recieved of the "breakdown"

 

Debt £110

Initial letter fee £11.20

visit/levy fee £78

attendance fee £150

tow truck fee £120

Storage fee £120 (7 NIGHTS) 13/01/2010 - 20/01/2010

card fee £00.85

VAT £84.01

TOTAL £674.06

 

2 QUESTIONS

Has there been an overcharge in the fees?

 

Has there been an overcharge in the VAT

 

IM PRETTY SURE THEY HAVE APPLIED vat to everything but even at 15% or 17.5% i can not get this to add up......

 

The following also does not add up

Bailiff outstanding letter put through the door on the 14th £319.06

Tow truck and storage fee £240

VAT £ 84.01

CARD FEE £ .85

 

TOTAL £643.92

 

A DIFFERENCE OF £ 30.14

 

Any advice on this matter would be appreciated

Thanks in advance #2 (permalink) lamma

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Re: Equita Bailiffs Charges for PCN WARRANT

don't know if these are totally up to date . . . . LIST OF PRESCRIBED BAILIFF FEES:

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6th February 2010, 14:12 #

3 (permalink) hallowitch

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Re: Equita Bailiffs Charges for PCN WARRANT

Debt £110

Initial letter fee £11.20

visit/levy fee £78

attendance fee £150

tow truck fee £120

Storage fee £120 (7 NIGHTS) 13/01/2010 - 20/01/2010

card fee £00.85

VAT £84.01

 

can you post up the date these fee were added

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6th February 2010, 15:30 #4 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

The letter was recieved the day before the bailiffs attended Initial letter fee £11.20 12/01/2010 Received letter.....

visit/levy fee £78 13/01/10

attendance fee £150 13/01/10

tow truck fee £120 13/01/10

Storage fee £120 (7 NIGHTS) 13/01/2010 - 20/01/2010

card fee £00.85 20/01/10

VAT £84.01 20/01/10

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6th February 2010, 17:30 #

5 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

Quote:

Originally Posted by lamma

don't know if these are totally up to date . . . . LIST OF PRESCRIBED BAILIFF FEES:

 

 

 

6th February 2010, 17:51 #6 (permalink) tomtubby

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Posts: 2,653 Re: Equita Bailiffs Charges for PCN WARRANT

Quote:

Originally Posted by K3NNY

The letter was recieved the day before the bailiffs attended Initial letter fee £11.20 12/01/2010 Received letter.....

visit/levy fee £78 13/01/10

attendance fee £150 13/01/10

tow truck fee £120 13/01/10

Storage fee £120 (7 NIGHTS) 13/01/2010 - 20/01/2010

card fee £00.85 20/01/10

VAT £84.01 20/01/10

 

 

From your first post you had not mentioned that a letter was received the PREVIOUS DAY.

 

Was the letter sent by post or hand delivered?

 

What did the letter say regarding the amount due and when payment had to be made?

 

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6th February 2010, 17:59 #

7 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

Quote:

Originally Posted by tomtubby

From your first post you had not mentioned that a letter was received the PREVIOUS DAY.

 

Was the letter sent by post or hand delivered?

 

What did the letter say regarding the amount due and when payment had to be made?

 

Royal mail post

 

dear miss xxxxx

re unpaid penalty charge notice due to salford city council

 

A warrant issued by the traffic enforcement centre at northampton county court still remains outstanding despite applications for payment

 

we have therefore arranged for our recovery teams to visit your home to remove your vehicle MM03 XXX

YOUR VEHICLE WILL THEN BE IMPOUNDED AND SOLD AT auction

you will incur further considerable expense the costs of which will be added to your debt

should you no longer be in possession of the vehicle we will remove household items from your home for sale at public auction to settle the outstanding distress warrant

to avoid this distressing course of action you must pay the £161.98 outstanding by return or contact our office to make suitable arrangements to pay before our bailiff team calls

in the absence of any contact from you we will visit your home without further notice.

Last edited by K3NNY; 6th February 2010 at 18:12.

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6th February 2010, 18:14 #

8 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

When the bailiffs arrived they demanded £300 + which my partner could not afford and they could not explain the difference to the letter dated the 5th to the day they arrived 13th

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6th February 2010, 18:24 #

9 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

On the 13th my partner was hand delivered a final notice by the bailiff this stated

 

DELIVERED BY HAND

BAILIFF REMOVAL

 

I HAVE CALLED AT YOUR HOME TODAY TO EXECUTE A WARRANT ISSUED BY NORTHAMPTON county court

I AM AUTHORISED BY THE COURT UNDER THE ENFORCEMENT OF ROAD TRAFFIC DEBTS (CERTIFIED BAILIFFS) REGULATIONS 1993 (AMMENDMENTS 2003) TO REMOVE YOUR VEHICLE / HOUSEHOLD EFFECTS TO SATISFY YOUR UNPAID PENALTY CHARGE NOTICE DUE TO SALFORD CITY COUNCIL-RTD

 

IF YOU FAIL TO CONTACT ME WITHIN THE NEXT 24 HOURS I WILL HAVE NO ALTERNATIVE BUT TO RE ATTEND YOUR PROPERTY AT ANY HOUR OF THE DAY OR NIGHT TO IMPOUND YOUR VEHICLE / REMOVE GOODS.

 

THIS WILL RESULT IN SUBSTANTIAL EXTRA COSTS OF AT LEAST £140 BEING PAYABLE

 

TO AVOID ANY FURTHER ACTION / BAILIFF COSTS PLEASE CONTACT MY MOBILE ON XXXXXXXXXXX

 

However the vehicle was immobilised then towed away that same day

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6th February 2010, 19:39 #

10 (permalink) lamma

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Re: Equita Bailiffs Charges for PCN WARRANT

Quote:

Originally Posted by K3NNY

This link is dead

 

the board software changed the link, it must be a deprecated website. A google for "list of presecribed bailiff fees" should bring up enough sources. I think you may need one of these http://www.hmcourts-service.gov.uk/c...form4_0606.pdf tomtubby is THE expert.

Last edited by lamma; 6th February 2010 at 19:54.

 

 

 

 

Re: Equita Bailiffs Charges for PCN WARRANT

Well at least ive managed to work out what has had VAT added

 

Debt £110 no vat added

 

 

Initial letter fee £11.20 +vat

visit/levy fee £78 +vat

attendance fee £150 +vat

tow truck fee £120 +vat

Storage fee £120 (7 NIGHTS) 13/01/2010 - 20/01/2010 +vat

card fee £00.85 +vat

VAT £84.01

 

Now i know for a FACT they are not allowed to profit on storage and towing so presumably they are taking the VAT for themselves?? maybe

i have tried to get the sum charged by the towing and storage company CHARLES TAYLOR AUCTIONEERS but they are unwilling to co operate.

 

Anyone know their charges for towing and storage?

 

im pretty sure the BAILIFFS are NOT allowed to charge a visit/levy fee and an attendance fee SURELY THEY ARE BOTH THE SAME?????

i think the visit fee amount also IS incorrect from reading a few articles the fee should be 28% of the "DEBT" £110 MAKING THE FEE ABOUT £33.60

 

i ALSO REQUESTED FROM THE equita THE DETAILS OF THE BAILIFFS....and their credentials for immobilisation

Strangely enough they are only naming 1 of the Bailiffs.....the Bailiff who did not clamp the car

The clamper has not been named as if they werent even there or maybe wasnt a Bailiff.

Any suggestions??

Last edited by K3NNY; Yesterday at 00:42.

 

 

Yesterday, 01:43 #

12 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

After more research it is clear the cost of vehicle recovery was a bit pricey...

even had i been broke down on a motorway it would have not cost as much as i have been charged according to RAC figures.

The average call out fee is

£50

cost per mile is £1.50

 

therefore the bill should have been more like

£54 +VAT.......

 

the storage facility the car was taken to and stored is 1.2miles away..........

MY PARTNER EVEN OFFERED TO DRIVE THE CAR THERE to minimise the cost but this request was refused........

As mentioned before the quote verbally from the bailiff was £12 per day on paying the bill we see it is £20 per day.

 

 

Yesterday, 01:46 #

13 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

Anyone reading this might want to know where this auction house is

its

Charles Taylor

Missouri avenue

salford

m50 2np

It auctions everything Bailiffs steal sorry i mean recover

go along you may find and be able TO up the bidding on your possessions being auctioned.

 

 

Yesterday, 17:29 #

14 (permalink) lamma

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Re: Equita Bailiffs Charges for PCN WARRANT

did you run the google search I suggested.

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Yesterday, 21:18 #

15 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

Yes

The Fees Should Have Been

28% Of The Debt £110 DEBT = £33.60 FOR VISIT FEE Not £78

 

Yesterday, 21:21 #

16 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

EVERY ONE SEEMS TO BE AVOIDING THIS ONE

 

Dont know why??????????????????????

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Yesterday, 21:23 #

17 (permalink) crem

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Re: Equita Bailiffs Charges for PCN WARRANT

PM tomtubby and ask her to have a look at this thread. She is the bailiff expert in CAG

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Yesterday, 21:31 #18 (permalink) lamma

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Posts: 5,091 Re: Equita Bailiffs Charges for PCN WARRANT

did you run the google search I suggested. if you do you will find listings of the fees. and Tomtubby is first rate.

 

 

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19 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

YES did the google and found the fees as above on the previous to last post

28% Of The Debt £110 DEBT = £33.60 FOR VISIT FEE Not £78

also subscribed the fiver for Bailiff advice online downloads...

pm`d Tommytubby but no response .........

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Today, 00:22 #20 (permalink) K3NNY

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Re: Equita Bailiffs Charges for PCN WARRANT

advice please re the below compared to previous post about what was actually charged

 

 

 

BAILIFF FEES FOR ROAD TRAFFIC DEBTS.

 

Below you will see that we have provided you with a copy of the charges that the bailiff is allowed by law to make when pursuing you for non payment of either a parking charge notice (pcn) or unpaid congestion charge.

 

We believe that the fee scale should be know to everyone and we are pleased that this point has been confirmed in a recent report by The House of Commons Transport Committee on Parking Policy and Enforcement dated 14th June 2006, which states:

 

“Local authorities need an effective means for collecting unpaid penalty charges from drivers. Bailiffs’ may be appropriate in a smallnumber of cases. The use of bailiffs must be carefully regulated by the local authority however. Their use in collecting unpaid fines can easily undermine further public confidence in decriminalised parking enforcement. Local authorities must take the greatest care to ensure they use only reputable bailiffs”

 

“Bailiff’s charges and operational practices must be transparent and subject to prior approval and close monitoring as part of any contractual agreement”

 

“These charges must be as widely publicised as possible and available to thepublic”

 

About the following Fees:

 

Note: Please note that the most common area of dispute concerns the bailiff’s fees for item 3. For this reason, you need be aware that although a bailiff may try to charge for instance £150 for this charge, this is not permitted. This is because the Regulations clearly provide that the fee must not exceed the fees and charges which would have been due under items 2 if the distress had been levied.

 

On the rare occasion where a bailiff has left you a copy of the scale of fees you will nearly always find that the note in the right hand column under item 3 is missing.

 

Additionally, the aggregate costs and charges payable under paragraphs 2 and 3 are not to exceed the costs and charges allowed for three attendances to levy distress.

 

 

 

 

 

 

 

 

BAILIFF FEES FOR ROAD TRAFFIC DEBTS.

 

DESCRIPTION

BAILIFF FEES

1. For preparing and sending a letter advising that a warrant is with the bailiff and requesting the total sum due.

(This charge can only be recovered if a letter is sent before a first visit).

 

£11.20

2. For levying distress –

(i) Where the sum demanded and due does not exceed £100

 

(ii) Where the sum demanded exceeds£100

 

 

£28.00

 

 

28% on the first £200 due

5.5% on any additional sum over£200

 

3. For attending to levy distress but where the levy is not made.

Thereasonable costs and charges for attending to levy. But, notto exceedthe fees and charges which would have been due under 2 above if the distress had been levied.

 

Note: The aggregate costs and charges payable under paragraphs 2 and 3 are not to exceed the costs and charges allowed for threeattendances to levydistress.

4. For taking possession—

(i) Where a person is left in physical possession (close possession).

 

(ii) Where Walking Possession is agreed.

 

£5.60each day.

 

 

55p each day for the first 14 days; 5peach day thereafter.

5. For appraising (valuing) goods,

The reasonablefees, charges, and expenses of the broker. (see note on appraisal below)

 

6. Forremovinggoods, or attending to remove goods where no goods are removed.

 

 

 

7. For selling the goods listed in the Walking Possession.

(a)Where a sale by auction is held at the auctioneer's premises:

(b) Where sale is held at debtors premises.

 

Thereasonable costs and charges.

 

 

 

 

 

 

 

 

 

 

15% of the sum realised to cover the auctioneer's commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.

 

7½% of the sum realised for the auctioneer's commission, plus out-of-pocket expenses actually and reasonably incurred.

8. Where distress is withdrawn or where no sale takes place,

Reasonable fees, charges and expenses.

 

 

Notes: The bailiff is allowed to also charge VAT on his fees.

 

Source: The Enforcement of Road Traffic Debts. (Certificated Bailiffs) (amendment) Regulations 2003.

 

Statutory Instrument: Si 2072 of 1993, Si 1351 of 1998 and 1857 of 2003.

[katojones]

Hi,

I know that there is a simular thread on Chandlers Bailiffs, i wld just like some advice from ppl who have dealt with them (or not) and ow i go about it.

 

My partner and i own jus over a thousand punds and Chdler's hve ent the oblig letters telling me theyare coming.

I know my rights, i know that i can say know, but after reading a story posted on here about a young lady who was threatened by quite an unpleasnat lady, i feel a bit hasty to start telling her i know my rights.

I will tape my convo with them, then i can proove if i am threatened, but i will be on my own with a two yr old and feel very nervous answering the door.

My curtains are permantly closed and i am scared to leave and return to my house.

I don't know if not answerting the door is the best idea?

The old ring on someone eleses door and tell them it a delivery for someone (as i live in an apartment block) will be used im sue, but they will hear me in the house-well, my daughter....

i dont know what to do, im so worried!

hope you can help, thank you

[Raerae]

Hi i've been having alot of trouble with a bailiff, I'd tried to arrange to pay him in full in 3 weeks time which he refused. I tried to make small payments before that date and he refused asking for atleast £400 the next day off a £625 bill!

He's been in contact with my landlady who owns the shop below and told her all about the debt and that i'm not paying it leading to my eviction, then tuesday my flat mate was in on her own and my landlady let two bailiffs in to the flat saying 'go upstairs and have a chat' my flat mate did not get a say in the matter. He then clamped my car.

I spoke to him again that night saying i'd been in touch with the national debt line and was advised to put every thing in writing (which i was) and to expect a letter.

Today is wednesday and i've returned home to find the clamp gone? He left a letter in my kitchen yesterday saying he had levied the car?

I'm really confused as to why he's taken the clamp off?

Any body who has any insight to this, it would be much appreciated!

[hallowitch]

Hi I've been having alot of trouble with a bailiff, I'd tried to arrange to pay him in full in 3 weeks time which he refused. I tried to make small payments before that date and he refused asking for atleast £400 the next day off a £625 bill!

He's been in contact with my landlady who owns the shop below and told her all about the debt and that i'm not paying it leading to my eviction, then tuesday my flat mate was in on her own and my landlady let two bailiffs in to the flat saying 'go upstairs and have a chat' my flat mate did not get a say in the matter. He then clamped my car.

I spoke to him again that night saying i'd been in touch with the national debt line and was advised to put every thing in writing (which i was) and to expect a letter.

Today is wednesday and i've returned home to find the clamp gone? He left a letter in my kitchen yesterday saying he had levied the car?

I'm really confused as to why he's taken the clamp off?

Any body who has any insight to this, it would be much appreciated!

 

Raerae welcome to the site

please start your own thread with this you need to say what the debt is for Bailiffs and Sheriff Officers click that link it will take you to a new page near bottom on left new thread

 

your bailiff made an unlawful entry into your premises (he allowed your landlady to let him in )this is not allowed perhaps because you said you had been in touch with the national debt line he is now worried that you know his entry on to your premises is unlawful thats why he removed the clamp

[dragon fire]

Hi, its been nearly a year since I've paid my council tax, the council has issued a Liability Order in June 09 and have passed it to bailiffs in November 09.

 

I am in correspondence with the bailiff company, however I strongly believe that the Bill of Sale is still a way forward to protect all of my valuable assets! Looking into it, will post later.

[mooney]

hi hope somebody can help sorry to post hear dont know how to start a thread,

regarding rossendales baliffs and fees.

to cut a long story short i got into debt with my council tax so silly me let them in and signed any way been paying for 2 years, last september i quired the 2 accounts i have with them and asked for a run down of payments made and all charges they sent this threw with no problem then a couple of weeks later they sent baliff around again dont know why as i had kept to my payment plan! he dem