bailiffs help!!

jade2325

its dukes bailiffs limited based in staffs.
am i also right in thinking a levy can only be charged if they have wrote my belongings down?

RAS

jade2325 wrote: »

am i also right in thinking a levy can only be charged if they have wrote my belongings down?

Absolutely. and they can only take the hings on the levy.

This is why getting the car off the road and out of sight is so important.

If my undestanding of what you said on your first post is correct they can charge a first visit fee and a second visit fee - one only not one for each account - and those totla £42.50.

please do not see the bailiff tomorrow except outside the house and make sure the car is no where to be found. If they get a levy they can wrack up the fees.

Please speak to Herbie21 or NDL.

jade2325

thanks so much for the help. just spoke to ndl and gonna try herbie 21 now.
can't believe how much of the charges added are non existent!!!

RAS

jade2325 wrote: »

can't believe how much of the charges added are non existent!!!

Quite standard - will try and post an example of two later.

Dayoshir

Also, make sure you keep copies of your phone bill if you gonna ring the 090 number as you should be able to claim that as a cost of rectifying the bailiffs legal charges.

Is your partners car on HP? If it is they arent allowed to levy on it either. There are also other items that arent allowed to be levied upon.

RAS is spot on with the charges. There is a scale of charges which the bailiffs are bound by when dealing with council tax debts. They are allowed to charge £24.50 for a first visit where no levy is made, and £18 for a second visit where no levy is made.

If no levy is made this is the maximum they are allowed to charge you in fees. Also might be worth checking to see if the bailiff that put the notes through your door is certified. All bailiffs collecting council tax debts are legally required to be certified in order to do so, and the certification must show they are working for that company, i.e. they cant be certified as worked for abc collections, but the letter was from def collections if that makes sense.

But simple rules:

Make sure the house is locked up and all windows closed
There is nothing in the front or rear gardens that could be levied upon.
Talk to them through an upstairs window so you dont have to open any doors.

Another thing is, the levy itself has to be realistic, they are not allowed to levy on the goods if it doesnt meet the total of the debt.

Hope this helps.

RAS

Have a read of this old thread http://forums.moneysavingexpert.com/showthread.html?t=1565473

Gives you an idea

Charco_2

I would make sure the house is locked up and when they come to visit nip out the back door - locking it as you go - and go around to speak to them around the front. SIGN NOTHING - if they want something signed tell them you will post it back to them. Do not let them bully and threaten you.

Find out the regulatory authority and perhaps ring them for advice - also your council should be able to tell you what rights you have and what rights your bailiffs have.

jade2325

spoke to the council again but they are adamant they will not take the debt back and although they could see i was being robbed blind by the bailiffs there only response was you need to get citizens advice on this for you!!!

very unsure what to do now- do i pay the £300 tomorrow (as agreed with the bailiff over the phone) but do it via there website( not have them back near my property) and then send them a letter saying i will pay the £200 a month as agreed on such a date starting on such a date via same payment method

or

start back at the begining with them and say after seeking advice i have filled a ingoing and outgoing expenditure form out and cannot afford what was originally agreed (as i have had to borrow £150 of the £300 anyway)

????????

Dayoshir

Right, check online to see if your council has an online payments section. The council will not take the debt back unless the bailiffs pass the debt back to them. This only happens if you are listed as one of the situations for the National Standards For Enforcement 2002.

As i was saying previously, if your council has an online payments section, you can use the reference off your council tax bill for that particular year and pay the money to the council directly at an amount that you find easy, so pay it at the £200 per month without the huge up front payment.

The bailiffs cannot under any circumstances gain entry to your house unless a walking possession order has been signed and they have had entry into your premises previously whilst they were occupied by you. So you just keep paying the council directly (ring the council and find out how much the debt they passed on was, i.e. the amount owing to the council without bailiffs charges added) and just pay that sum off and send a cheque to the bailiffs for the £42.50 as these charges are legal and as such they have a legal right to claim them.

Also write a letter to both the council and the bailiffs explaining what you are doing and that you will continue to do this. The council wont complain as they will be getting their money back, but the bailiffs will tell you that you are not allowed to pay the council directly. This is a blatant out and out lie and you will be able to carry on doing it as such.

The bailiff will try and charge you more fees like they have already, just remember the law is on your side on this bit.

So just take note of how to pay as shown above and you should be ok as long as you dont let them in the house.

RAS

Hi

Snaffled this off herbie21's previous advice.

First ask the council how mmuch the Liability order is for and whether that price includes the court fees.

You need to pay - CT debt+ court fees +£42.50 ish.

Secondly, get hold of your local councillor and explain that you are happy to pay the CT but not to pay illegal fees.

You need to WRITE to Dukes or better still send an e-mail


You need to say something along the following lines.

I refer to the above account in relation to unpaid council tax due to xxxx

As you will be aware from your files this account has been assed to your bailiff Mr xxx to enforce.

The query that I have is concerning the amount that your bailiff is now stating is due. You will be aware that your bailiff visited my premises on xxx and for this visit I am advised that Mr xxx may only charge a fee of £24.50 for "attending to levy where no levy was made". He is also permitted to charge for a second vist where no levy is made - £18.50 .

I am further advised that it would appear that Mr xxx is attempting to charge me an "enforcement fee" which is NOT provided for in the statutory regulations unless a valid levy was first undertaken. No levy has been made on my goods and no documentation provided as proof.

As a matter of urgency can you please provide a full and detailed breakdown of the charges made by your bailiff.