Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[tomtubby]

This query should be in the main section and under a new thread. A expert on these matters should be able to help you....if not cut and paste and start a new thread.

[tomtubby]

Tell the bailiff that you are going to report him to the local authority and also the court that certificated him.

 

This is because you can apply for deductions to be made at a nominal rate from your income support payment to pay towards your arrears of Council Tax.

 

The amount of deduction is set by law at £2.90 per week for a single debtor and £4.55 per week for a couple. This amount is irrespective of the amount owed. The regulation for this is below.

 

• Council Tax (Deductions from Income Support) Regulations 1993 S.I. 1993/494.

[tomtubby]

Have you checked to see if the bailiff is certificated. If he is not, then any levy would be cancelled as unenforceable.

[tomtubby]

You have put this post under the sticker section it should be in the main threads. Someone will help you move it soon.

 

However to answer your question. If as you say the bailiff has not been to your home and therefore not levied on goods he can only maje the following charges which are laid down by law under what is called Statutory Regulations.

 

First visit ( ie: where nobody was in) £24.50

 

Second visit ( where nobody was in) £18.00

 

If he did call at your home, he should have left you a letter. Although as you say you have received approx: 13 letters, I am assuming that these were sent by post. For the collection of Council Tax the bailiff IS NOT ALLOWED to charge for sending any letters at all.

 

So in your case, I would argue that he can charge just the first visit fee...if that.

 

You would be well advised to write to Equita and ask for a complete breakdown of their fees and charges as allowed under Section 7 the Data Protection Act.

 

Hope the above helps.

[tomtubby]

Cf 2007

 

You're question will be lost here as this is the sticky section.

 

Can you move this question to the bailiff forum and start a new thread there.

[tomtubby]

You need to move this to a new thread This has been posted in the sticky section and will get lost here...

[tomtubby]

You have both posted your queries in the sticky section. If you can both re-post in the bailiff main section then I can assist along with others.

[tomtubby]

Kashfat AND Fairplay

 

Can you post post your questions on the bailiff forum as you havve both posted in the sticky section.

 

As both queries are of a different nature, could you both start a new thread.

[tomtubby]

Another example that just goes to prove that you must not allow a bailiff into your property .

 

Can you please send me by private message only the name of the bailiff so that I can search to ensure that she is certificated.

 

I can then advise further.

[tomtubby]

The situation is this:

 

The bailiff collecting Council Tax can charge a first AND second visit fee.

 

This is described in the Statutory Regulations as a "visit to levy...(where no levy has taken place). The first visit charge is £24.50 and the second visit is £18.00.

When you received the visit where a letter was hand delivered.....this is indeed a "visit to levy (where no levy has taken place) and therefore there would be a legal right to charge you £24.50.

 

Regarding the "attending to remove".........NO.

 

There is very CLEAR case law on this which makes it very clear indeed, that BEFORE being able to "ATTEND at the property to REMOVE" the bailiff must first have "entered into the premises" and "levied upon goods".

 

I would agree that you are responsible for a charge of £24.50 and possibly also a charge of £18.00 if the bailiff can convince you that he has visited TWICE.

[tomtubby]

For the collection of Council Tax a bailiff is unable to charge a letter fee. Therefore the very first charge can be the:

 

First visit to levy(where no levy has taken place) ie: nobody was at home. This must have been on the 28th Feb, but the bailiff co COULD try to argue that he visited on a previous date as well. He would be hard pressed, but MAY try.

 

In any event, this would be just £24.50

[tomtubby]

You CANNOT ask for any money back until such time as you have identified where any overcharging may have been.

 

That is why a Subject Access Request is VITAL.

[tomtubby]

You need to be posting this in the main bailiff forum under a new thread. This is the sticky section which is for advice only.

 

However, in the first instance can you send me by PRIVATE MESSAGE only the name of the actual bailiff so that I can search our database to ensure that he is certificated.

[tomtubby]

Sadly I do not know the answer to this and I suspect that this is a debt relating to Scotland and the rules are very different.

 

I would suggest a google search. I will look into this anyway and post back if I can find anything.

[tomtubby]

The above situation is similar to many other cases that our office are hearing about so everyone must be very very careful from now on.

 

You need to remember that one a liability order has been granted the council can then legally pass the debt to bailiff's to collect. If the council wish, then yes they could take the debt back but that is not likely.....in fact it is very rare indeed.

 

Once the bailiffs are instructed unless there are special circumstances such as: serious overcharging, bailiffs behaviour problems, concerns that a bailiff is not certificated or that the debtor is in a vulnerable position etc then payments should be made to the bailiff company............and they should also have a letter sent to the council to explain.

 

What is happening otherwise is that payments made to the council are being applied to THIS years new debt.......not the old one..and the council can legally do this. BE VERY CAREFUL.

 

Everyone paying the council instead of the bailiff would be advised to either take the payment to the council or pay through the bank but to ensure that a letter is sent to the council to explain exactly why the payment is being made to them.

[tomtubby]

muffinblack

 

 

Can you start a new thread for this question....and do so in the main bailif section NOT this sticky section. I can then respond.

[tomtubby]

Write a Subject Access Request to ask them to provide a full and detailed breakdown of the fees and charges applied to your account.

 

The visits should be £24.50 for a first visit, £18 for a second visit. Unless they have levied upon goods they cannot charge an Attedning to Remove fee which it would appear that they have charged.

[tomtubby]

You have posted you query in the sticky section Can you re-post in the main bailiff section. You will need to start a new thread.

[tomtubby]

Can you start a new thread for this question under the bailiff section.

 

You have posted this in the sticky section.

[tomtubby]

Bessiebooth

 

Can you copy this question into the main section as you have posted this in the sticky section .

 

I can then respond.