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Bailiff Letter
Comments
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I'm a local tax officer, I'm guessing the 'mortgagee in possession' exemption doesn't apply to cover that charge? if this took more than the 6 months to happen after vacation.
I know we look at offers to clear in 3 months, and instruct our bailiffs to accept this, and anything further is discussed with us. I'd ask to speak with the recovery officer to discuss. You can always pay the council directly their debt, but you couldnt guarantee the bailiffs wouldnt pursue you for the charges incurred.0 -
You can always pay the council directly their debt, but you couldnt guarantee the bailiffs wouldnt pursue you for the charges incurred.
I think we can guarantee they won't in this particular case, PinkCat, as they can't prove the legality of any of those charges, but you have a point in general I think.If you don't stand for something, you'll fall for anything0 -
As suggested in post 25:
"Sort this out with your council, and only pay the council directly. Even if they say it's in the hands of the bailiffs now, they'll still cash any cheques you send them, just mark it clearly for your account. Any money you send to the bailiffs you may as well throw in the gutter. They'll take cut after after cut. Deal with the orginal debt to the council and then pay up the legal £42.50 charge."
(the £42.50 as i understand it are the legal fees a bailiff can charge for their first and second visits... pay the council and then think about whether or not you're going to pay the £42.50)Would you ask the wolves to look after the sheep?
CCCS funded by banks0 -
What you say is true up to a point Charco, the point being that the bailiffs can (in general terms) continue to enforce for their fees, and in this specific case, while none of their fees appear to be legally generated (though 1st + 2nd visit are arguable), a company that allows its employees to add blatantly illegal and made up fees is not going to be that reasonable is it?If you don't stand for something, you'll fall for anything0
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Accepted!
But if you know your rights, you're not going to be easily bullied!
And if the fees/charges have no legal grounding then they'll be easily quashed - and could cause big problems for the bailiffs!Would you ask the wolves to look after the sheep?
CCCS funded by banks0 -
Hi all, no reply from local authority yet... so I'll be making a call to them today, unfortunately was called out on Friday so couldn't do my chase then... supoosed to have been a day off!! ho-hum...0
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Thanks for keeping us updated. Hopefully when you call them they will at least re-assure you that bailiff action is on hold while your complaint is looked at. If they don't then push for this, its a "no blame" stance that's fair to all "sides" while your complaint is being dealt with...If you don't stand for something, you'll fall for anything0
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got a reply..... here goes...
"Thank you for your mail received on the12th November 2009. I enclose a statement of fees incurred by the Councils Bailiff agents whilst carrying out their duties
Council tax 287.26
First visit 20/08/2009 22.50
Second visit 24/08/2009 16.50
Levy fee 30.00
Van attendance 12/10/2009 125.00
Bounced cheque fee 30.00
511.26
Payment 0.00
Balance 511.26
I have been assured that fees have been applied in strict accordance with the Council Tax (Administration and Enforcement) Act and I attach an extract of a document outlining the usual costs and fees for your use. I note that there is no walking possession fee incurred or applied to your account. I do note that there is a fee for a cheque not honoured by your bank which displays your willingness to make an attempt to repay the amount owed.
In circumstances of financial hardship I can instruct the Bailiffs to accept a payment arrangement which is reasonable to the Council and within your financial means. I would request you complete the attached means enquiry for and return it to me completed without delay together with your offer of payment.
If you require further information regarding bailiff’s names, and wish to provide evidence that the goods seized are not in your ownership, you should contact Andrew James Enforcement Ltd direct on 01792645544. You can also obtain impartial advice from the Citizens Advice Bureau.
I have asked Andrew James Enforcement Ltd to refrain from further action for a period of 7 days to allow you the opportunity to reply and provide the information requested.
Senior Enforcement Officer"
So.... where do i go from here?0 -
Insomniac666 wrote: »got a reply..... here goes...
"Thank you for your mail received on the12th November 2009. I enclose a statement of fees incurred by the Councils Bailiff agents whilst carrying out their duties
Council tax 287.26
First visit 20/08/2009 22.50
Second visit 24/08/2009 16.50
Levy fee 30.00
Van attendance 12/10/2009 125.00
Bounced cheque fee 30.00
511.26
Payment 0.00
Balance 511.26
I have been assured that fees have been applied in strict accordance with the Council Tax (Administration and Enforcement) Act and I attach an extract of a document outlining the usual costs and fees for your use. I note that there is no walking possession fee incurred or applied to your account. I do note that there is a fee for a cheque not honoured by your bank which displays your willingness to make an attempt to repay the amount owed.
In circumstances of financial hardship I can instruct the Bailiffs to accept a payment arrangement which is reasonable to the Council and within your financial means. I would request you complete the attached means enquiry for and return it to me completed without delay together with your offer of payment.
If you require further information regarding bailiff’s names, and wish to provide evidence that the goods seized are not in your ownership, you should contact Andrew James Enforcement Ltd direct on 01792645544. You can also obtain impartial advice from the Citizens Advice Bureau.
I have asked Andrew James Enforcement Ltd to refrain from further action for a period of 7 days to allow you the opportunity to reply and provide the information requested.
Senior Enforcement Officer"
So.... where do i go from here?
Over the head of this halfwit.
Someone's replied with a form letter to what should have been a formal complaint. I'd speak to my councillor at this point, or ring and ask to complain about whoever it was wrote this tosh.
Having said that, with the case on hold for 7 days you can move on without having to panic too muchIf you don't stand for something, you'll fall for anything0 -
In all of my ignorance and brilliant advice i've received so far from this thread.. does this mean I'm going to have to bite the bullet about the fees?
From what i've read, I assumed they couldn't charge me for the levy as I don't own the vehicle I can send the Bailiff's the HP agreement for this.. what about this £125 Van charge? I'm not going to cry about the supposed visit charges or the cheque charge (obv)0
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