Want To Be Free

RobertoMoir

I'm not sure they can charge two sets of fees if enforcing two LOs at once. But I don't know for sure. You'll need to give that bailiff advice place a call to check, unless someone else here knows for sure.

I'd love to be more definitive, I'm sorry I can't be more hlep, but its got to be something like 15 or 20 years since I was a bailiff and I've had other things to think about in that time, and right now I have a splitting headache that isn't helping me remember either, so I'm just not sure. Rather than tell you something wrong I'm going to keep quiet on the fees in this case.

Tixy

Wanttobe - see here for an answer to your charges question -
http://forums.moneysavingexpert.com/showthread.html?t=2328781

Herbie is the person who runs the baliffadvice site.

RAS

Want2beFree wrote: »

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

These are the years for which liability orders were granted

Year 1 14th July 2002 - 31st march 2003
Year 2 1st April 2003 - - 31st march 2004
Year 3 1st April 2004 - 6th August 2004

Can your OH confirm that he lived at the house at those dates?

Now if your OH paid the bills in reponse to letters that were mailed to him, then the bailiff cannot charge any fees.

If they have attempted to charge you for bailiffs visits undertaken AFTER the bills were paid then they are being naughty.

Please pm Herbie21 and let's hope she picks this up. She comes here less often because certain posters were unpleasant to her.

And they were only entitled to claim for one visit if they made only one visit and only once even though there were three LOs that they were enforcing.

Will try and find you the letter/e-mail to send re the fees.

RAS

Want2beFree wrote: »

And i'm hoping to god that the £13,000 one is statued barred. We have no money, no savings, he's on a low wage and im on even lower. We don't spend anything or go out.

I know that we need to do the Credit check. We're just so scared that it might make any other debts - if there's any others out there find us quicker and add more to the already growing pile.

Hi

I realise that you are scared but right now your OH needs you to be strong. OK you may not feel it much of the time but you need to pretend to feel it when talking to him; come on here when you feel flaky.

Can we start sorting this debt out by getting clear answers to the following

1. Was this debt wholly in his name? Or joint names?
2. When did he stop living with his ex?
3. When does he think this debt was taken out?
4. Have you yet checked if there is a CCJ? if there is, when was that granted.


Please note that in addition to the Statute of Limitations, debts may be unenforceable for several reasons including invalid CCAs and illegal default notices. So you both need to stay clam at the moment and answer questions.

RAS

OK

This is from a post Herbie21 put up last year and yielded results for at leat two OPs at the time. I have edited to meet your circumstances. I am assuming that the bailiff visit was after the cheque was sent to the company?

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 assigned 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 letters reference (those yellow letters) were received on (date) and I paid the sums involved on (date(s)).

Your bailiff visited my premises on xxx (date), after I had already paid the bills in full (if this is correct).

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" if the debt has not been paid. I am further advised that it would appear that Mr xxx is attempting to charge fees which is NOT provided for in the statutory regulations.

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

Want2beFree_2

Tixy wrote: »

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.

No they haven't done a levy on anything and with how tight i keep the door shut right now no one is getting in, even my family have to show their face at the window and they don't know why.

Thank you for all your advice really appreciate it. :A

Want2beFree_2

RobertoMoir wrote: »

I'm not sure they can charge two sets of fees if enforcing two LOs at once. But I don't know for sure. You'll need to give that bailiff advice place a call to check, unless someone else here knows for sure.

I'd love to be more definitive, I'm sorry I can't be more hlep, but its got to be something like 15 or 20 years since I was a bailiff and I've had other things to think about in that time, and right now I have a splitting headache that isn't helping me remember either, so I'm just not sure. Rather than tell you something wrong I'm going to keep quiet on the fees in this case.

Hey don't be sorry, you have been a LOT of help here don't know what i would have done without the advice i get on here. So thank you.

Just one thing, how would one go about paying the bailiff? If we do find out we need to pay those fees i mean do you just phone them and hand the money over? With what i've learnt about bailiffs in the past weeks honesty does not appear to rate highly. But it says on the letters that it's the bailiff we need to pay.

RAS

W2BF

Please can you read my posts above and send the letter from Herbie21 to the bailiffs?

It would help if you confirm

1. wWere the yellow letters mailed to OH or posted through the letter box.
2. Did the bailiff bang on the door before or after OH paid the seciond lot of money?

Want2beFree_2

RAS wrote: »

These are the years for which liability orders were granted

Year 1 14th July 2002 - 31st march 2003
Year 2 1st April 2003 - - 31st march 2004
Year 3 1st April 2004 - 6th August 2004

Can your OH confirm that he lived at the house at those dates?

Now if your OH paid the bills in reponse to letters that were mailed to him, then the bailiff cannot charge any fees.

If they have attempted to charge you for bailiffs visits undertaken AFTER the bills were paid then they are being naughty.

Please pm Herbie21 and let's hope she picks this up. She comes here less often because certain posters were unpleasant to her.

And they were only entitled to claim for one visit if they made only one visit and only once even though there were three LOs that they were enforcing.

Will try and find you the letter/e-mail to send re the fees.

I will show him all of the new posts on this when he gets home from work. He's just really fed up of it all and hates to talk about it. As i said he thought that when he left her and nearly killed himself working to pay off the debts that they were all gone, now all this.

They came round once before we paid the debt in full as a hand delivered letter was on the mat in a envelope, then we paid the debt in full he sent a cheque off and it wouldn't have bounced or anything, then a few days after that was when these two new letters showed up.

RAS wrote: »

Hi

I realise that you are scared but right now your OH needs you to be strong. OK you may not feel it much of the time but you need to pretend to feel it when talking to him; come on here when you feel flaky.

Can we start sorting this debt out by getting clear answers to the following

1. Was this debt wholly in his name? Or joint names?
2. When did he stop living with his ex?
3. When does he think this debt was taken out?
4. Have you yet checked if there is a CCJ? if there is, when was that granted.


Please note that in addition to the Statute of Limitations, debts may be unenforceable for several reasons including invalid CCAs and illegal default notices. So you both need to stay clam at the moment and answer questions.

Again i will answer the above questions when he gets in and i can ask him. But i think she was clever enough to get all the debts put in his name - as she is now doing with her new guy. The loan she made him take out was for her but she had it put in his name and so on....

Haven't checked the CCJ thing as yet, he's just praying that this one (the biggest one he thinks should be still left out there for the £13,000 is statute barred or something that means we won't have to pay for more of her debts)

RAS wrote: »

OK

This is from a post Herbie21 put up last year and yielded results for at leat two OPs at the time. I have edited to meet your circumstances. I am assuming that the bailiff visit was after the cheque was sent to the company?

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 assigned 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 letters reference (those yellow letters) were received on (date) and I paid the sums involved on (date(s)).

Your bailiff visited my premises on xxx (date), after I had already paid the bills in full (if this is correct).

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" if the debt has not been paid. I am further advised that it would appear that Mr xxx is attempting to charge fees which is NOT provided for in the statutory regulations.

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

Yes the two letters demanding the £85 were delivered after we had paid the full amount by cheque.

Oh and the yellow letters were mailed to us. Only one time 'before' the debt was paid must the bailiff have come out as there was a posted letter by hand. 'After' we paid it was when the 2nd visit was done and the 2nd visit charges etc letters.

I will let him look over everything said here and write that letter above out - thank you!

Will answer all the questions when i can quiz him on the answers later on.

thank you all! :A :A :A

RAS

Comments below

Want2beFree wrote: »

They came round once before we paid the debt in full as a hand delivered letter was on the mat in a envelope, then we paid the debt in full he sent a cheque off and it wouldn't have bounced or anything, then a few days after that was when these two new letters showed up.

Yes the two letters demanding the £85 were delivered after we had paid the full amount by cheque.

Oh and the yellow letters were mailed to us. Only one time 'before' the debt was paid must the bailiff have come out as there was a posted letter by hand. 'After' we paid it was when the 2nd visit was done and the 2nd visit charges etc letters.

iN WHICH CASE THEY CAN CHARGE YOU £24.50 for one visit AND NO MORE do not have time to retype without shouting.

You need to alter the letter above and send it.

Haven't checked the CCJ thing as yet, he's just praying that this one (the biggest one he thinks should be still left out there for the £13,000 is statute barred or something that means we won't have to pay for more of her debts)

If there is a CCJ, the debt does not become statute barred but if the CCj is not enforced for 6 years, they have to go back to get permission and this is rarely ever granted.

There is no way they can trace him from a query on the Registry Trust site , so you need to do this ASAP.