Want To Be Free

RobertoMoir

Two lots of £42.50. Were there two separate council tax years then? I didn't think they could charge double fees when enforcing more than one LO at once.

Want2beFree_2

nanna58 wrote: »

hiya sweetie
Surely with the c tax if she is claiming oh still lives there it is fraud.
Try looking at sigs if you can as said above it could be forgery.
my son has been left with debts from his ex (thank god she is) but the ones he s trying to pay were in joint names but taken on by THE THING.
Good luck and have lots if hobnobs xxxx:A

That is just what my OH family call his Ex as well and much worse :0) and now she's onto doing it with her next guy, she's working him to death and getting him into debt, my OH can't believe how stupid he was but it was a long time ago and he was vulnerable.

We just want it all over. Neither of us spends a lot of money we don't have much to start with, and don't have credit cards or anything. I have to sew my bra's to keep them holding together!! It just seems one thing after another.

thank you your post made me smile! :A

Want2beFree_2

RobertoMoir wrote: »

Two lots of £42.50. Were there two separate council tax years then? I didn't think they could charge double fees when enforcing more than one LO at once.

I'm not sure if it is two separate years:

To start with there was 3 letters all came together - yellow council tax bailiff warning notices.

The only dates i can see they have on them is where it says this:

Liability Start: 14th July 2002
Liability End: 6th August 2004

So would we have to pay the charges the bailiff is asking for please?
The £85? And if the answer is a yes then how would we do that? Do we phone the bailiff or send the money via the debt company?

Thank you so much :A

Want2beFree_2

To be honest with you from when he got in tonight till he just went to bed he hasn't said a word, not eaten, just been looking at the tv but not watching it. I hate seeing him like this, she's ruined his life for long enough. We can't have a normal life. The only thing he said to me was before he went to bed tonight he said he wants to go bankrupt. He doesn't know what other debts are out there, just wants an end to it all as i do. We are never going to want to get loans, or never going to be able to buy a house or anything. We have no money at all now no saving's or anything that council tax one cleared us out so other debts no chance. I just don't know what is best to do what to tell him. Would he get granted bankruptcy? He see's that now as is only fresh start, to start living again.

RobertoMoir

I've got to be honest, I'm not 100% sure of this area precisely (in my defence it was a _very_ long time ago I did this stuff). Rather than give you some incorrect advice, I'm going to suggest you contact someone who is very much more up to date than me and who can give you chapter and verse on the LOs and precisely what fees can be charged. If you visit http://www.bailiffadviceonline.co.uk/ you'll find a very good website which is run by someone who posts here under the name herbie21. I suggest you give her a ring.

BILLIE

Hi WTBDF - so sorry to hear that OH is so depressed, but understand. I am not an expert but don't think he should go bankrupt how could he when does actually know what the debts are. I stress again to look at his credit file. Do you know I did just that yesterday and was pleasantly surprised!!!! (Bearing in mind the debt we are in since OH being out of work). the information on there is amazing and you can contact the credit people if there are things who are unsure of or do not agree with. It also lists names of people associated with OH's name so he will be able to see if his name is linked to THE THINGS's and that can be put right. Please try to get him to do it and again can someone more experienced than me please answer to WTBDF whether what I said on a thread just up from here about putting something in the paper think its called a Disclaimer. Chin up it will get better cos you got to go up when you've hit bottom and I know cos I have been there. Virtual hugs to you both. Billie xx

Want2beFree_2

Thank you both and you are all really great helps so thank you a lot for taking your time to help other people xx :A xx

He's at work right now but when he gets in i will see if he will do the credit check. As i said his reason for not wanting to is he thinks by updating his address on there it will make even more letters come through the door.

But we're so sick of living like this and never knowing when something else is going to show up. We're not bad people and as i said i've never been in debt so this is all totally new to me and he's been living with her mistakes for too long now.

Want2beFree_2

This is what i found on that bailiff site. But to be honest with you i don't really understand it Told you i'm not that good with all this Sorry for being so dim!

Does the below mean we will have to pay the £85 for unpaid costs?

BAILIFF FEES FOR COUNCIL TAX

Source:

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006


EXPLAINATION

First visit fee: £24.50

This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

Second visit fee: £18.00

Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

Levy Fee:

This is where the bailiff levies on goods and a Walking Possession is signed.

Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc. For example: assuming your Council Tax bill is £600, the total amount that you should pay is as follows:

First £100 £24.50
Next £400 @ 4% £16.00
Remaining £100 @ 2.5% £ 2.50
Walking Possession Fee £12.00

Total £55.00

Attendance fee:

For one attendance with a vehicle with a view to recover goods after the levy has been made under this heading.

Please see below for a copy of the Statutory Charges:




BAILIFF FEES FOR COUNCIL TAX


DESCRIPTION
BAILIFF FEE

A. For making a visit to premises with a view to levying distress (where no levy is made)-

(i) where the visit is the first or only such visit:

(ii) where the visit is the second such visit:
No charges can be made for any further visits.



£24.50

£18.00


B. For levying distress, by gaining peaceful entry, and listing goods on a Walking Possession form.


C. For entering into a Walking Possession:
The lesser of-
(i) the amount of the costs and fees reasonably incurred; and

(ii) the relevant amount calculated under
£24.50 for first £100 of arrears.
4% for the next £400 of arrears.
2.5% for the next £1,500 of arrears
0.25% for any additional amount.

£12.00 Flat Fee

D. or one attendance only with a vehicle with a view to the removal of goods (but only after a levy has been made (ie: where Walking Possession has been signed.


Reasonable costs and fees incurred, but only one attendance.
E. For the removal and storage of goods for the purposes of sale:
Reasonable costs and fees incurred.
For the possession of goods as described in paragraph 2
(i) for close possession (the man in possession to provide his own board):
£15.00 per day.



For appraisement of an item distrained, at the request in writing of the debtor.

Reasonable fees and expenses of the broker appraising.
For other expenses of, and commission on, a sale by auction-
(i) where the sale is held on the auctioneer's premises:



(ii) where the sale is held on the debtor's premises: The auctioneer's commission fee and out-of-pocket expenses (but not exceeding in aggregate 15% of the sum realised), together with reasonable costs and fees incurred in respect of advertising.

The auctioneer's commission fee (but not exceeding 7.5% of the sum realised), together with the auctioneer's out-of-pocket expenses and reasonable costs and fees incurred in respect of advertising.
Where no sale takes place by reason of payment or tender. Either-
(i) £24.50, or

(ii) The actual costs incurred, to a maximum of 5%, of the amount in respect of which the liability order was made. (Whichever is the greater).



For full details of the Statutory Regulations see:

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998 , Si 768 of 2003 and Si 3395 of 2006.

Want2beFree_2

Also if the above does mean that we do have to pay the £85 what would be the best way to do this? Just phone the bailiff and give it them? Do they give you a receipt? Presume you'd need to get something in writing to confirm that was it so they couldn't come back and say you owe even more.

Tixy

They didn't do a levy though did they W2BF?

If no levy then it looks like it should be just the 1 lot of 2 fees (the £42.50). As the amount they are trying to charge you is twice that it does seem to depend on whether there were 2 liability orders and if they deal with both in the same visit whether they can charge seperately for the 2.

Have you paid them any fees so far?

If you are not sure I would be tempted to respond to them by asking for a full breakdown of any charges/amount of the liability orders.
Then you could go on to say that you are aware the maximum fees are £42.50 so will only agree to pay that much (if you haven't already paid anything). They could just be trying it on and charging twice and may back down if you sound like you know what you are talking about.

If not and they prove that they can charge you twice then you could agree to pay it all - but I personally would at least try to save yourself £42 if you can.