Reclaiming illegal bailiff charges

sofababe

I had Rundles at my door a few months ago and panicked and paid up but now, thanks to this forum, I know better.
But, my question is, can I claim back the excessive charges?
I owed the Council £269. They took it to court and the court costs were £45. Rundles only came once, when I was out, and put a hand delivered letter through my door, asking for £428.81
As I understand it they can only charge £24.50, which makes a maximum total of £338.50.
Infuriatingly I can't find the liability order I was sent:mad: so will email the Council to ask for a copy to get the exact figures, but Rundles have definitely added illegal charges. The man was horrible to me on the phone, refused point blank to set up any sort of repayment plan ("its too late for that") and when I said I didn't have the money he said "tough, find it by Friday".
The letter he put through my door said he had brought a van to collect my goods but he never came into the house and a levy was never made.
Is it worth making a complaint? If so who to? The Council, the court?

Barricade

Was any levy made on a vehicle?

You can complain to the council regarding the unfair and illegal charges that Rundles have put on, and also send a letter to Rundles claiming that their charges are illegal and you wish for a refund. If you can, get the name and email address of the council leader and email them direct with your complaint and letter.
If i'm honest.. in my experience.. you are unlikely to see that money again and it may well have to be taken as a lesson learned.

Try something like this: (if i'm wrong.. dont worry.. its to make the situation sound worse to Rundles)

Ref: XXXXXXXX

Dear Idiots {change as appropriate ),

Please find attached a copy of the letter I recieved from your bailiff on [insert date].
As a single woman, I found your bailiff to be very threatening and intimidating, and his use of language and manner caused me to feel very upset and stressed. As i feared yet more intimidation I paid the amount as described in the letter without hesitation.

I have recently learned that a bailiff acting on behalf of a council to recover council tax arrears can only charge a maximum of £42.50 without any levy. As your visiting bailiff has not produced any levy, I cannot see how the outstanding balance could have increased.

My sums indicate that the amount owed to the council was £269 plus court costs of £45. Including your bailiff fees of £42.50 gives a total of £356.50.
I paid £428.81, meaning £72.31 was illegally added to the bill. I request a full and immediate refund of this money.

I have also notified [insert council name] and the Office of Fair Trading regarding this matter, and I am currently seeking legal advice as to whether to report your bailiff to the court at which he is certificated.

Yours sincerely


Name Here [Do not sign]

CC: Office of Fair Trading
CC: [Insert Council Leader Name]

sofababe

No levy was made. I don't have a car and he never set foot in the house till he picked up the cash on the Friday.

I don't think I'll bother with the refund, I had put it down to experience tbh but should I find myself faced with such a person in future I know just what to do, and what not to do.

I will write to the Council though (and Rundles). Surely they can't condone their residents being threatened and intimidated by someone they employ.

Barricade

They wont be directly employed by the council, however the council will have guidelines on what charges can be made.
Bailiffs are also goverened by what they can and cant do.. but most are bullys!

I'd still complain as i stated, as even if nothing comes of it, you've tried.

sofababe

I don't expect too much to come of it from a personal POV but the Council need to know and be made to care about the way people are being treated by these bullies. Luckily I have the thug's name, its engraved on my memory forever

Tixy

I'd complain as well, to both the baliffs and the council.
Sure I wouldn't count on getting anything back but worth a quick letter. A council has a duty to ensure the baliffs they instruct act legally if they get enough complaints they should stop using that particular baliff. http://www.bailiffadviceonline.co.uk/bailifffeecomplaints_la.htm

Hope you never have to see the baliff (or any baliff ever again) but pleased that you now know that bit more about it.

hallowitch

send a letter to your council tell them you want a copy of all the information they hold on your council tax account for year xxxx tell them this information is to include any internal/external screensot of your account

Hopefully you will get the screenshot of your rundles account details(you should) this will tell you everything you need to see what fees you have been charged
when the charge was added time/date
the reson for the charge
the name of the bailiff(s) that charged the fees

once you get this you write to council & rundles making a formal complaint ask them to resolve the situation(quoting legislation if it applies)and to refund the money if they don't you take rundles and your council to the small claims court for the money if you are 100% sure you have been overcharged

basically thats how it works it doesn't happen overnight and there is a lot of letter E-Mail writing but if you have been overcharged its your money

bailiff fees for council tax are set in legislation and there are certain things the cant do (a favourite is charging a levy and a van/attendance fee on the same day this is not allowed)
so if they are caught bang to rights doing thing like this they will huff and puff and say i can but if it did go as far as court the judge would look at the legislation