We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Bailiff attending for his fees only
Pepsicola
Posts: 4 Newbie
in Credit cards
I am hoping someone can help me urgently as I am so unsure of how to proceed regarding a bailiff from Rundle and Co attending my property. I have never posted before but am in a great need for information.
Ok so the sorry saga is: we got totally bogged down with unpaid council tax and our council passed the bills out to bailiffs for collection. We had over the past year paid off the amount owing including fees all but £87.38.
In september we thought we had done a balance transfer of £40.00 and had no idea until 22/10/10 when the bailiff arrived that this had not actually gone through the system. When he arrived I queried the balance as it had now jumped to £279.38 and he told me it could have been a mistake at the office and got back in his car while he tried to contact them. 20 mins later he came back and said he could not speak with the office and he would telephone me on Monday to explain the balance.
When he called on Monday he said this was for fees that had been applied to the account, £42.00 levy fee and £150.00 attendance fee - he did not tell me this on Friday. I asked for a breakdown of the fees applied and this came through yesterday and £150.00 was missing although on the automated payment system it has been applied.
I rang the bayliff today and advised him that he can't charge me a second attendance fee as had already charged me this fee on 26/03 and when he came of Fri he never removed any goods and therefore an illegal charge. He got the hump and refused to discuss any further.
He has arrived at the door tonight and has told me that if I do not pay £279.38 in 7 days he will remove the car. However, the car he leived on was not on the property on 22/10/10 as per the date of his notice of seizure, nor was this given to me on this day. He has said he saw my partner driving it as he passed him leaving our property.
I paid the original £87.38 25/10/10 so my question is, can the car be removed for bailiff fees only? Fees that seems to be illegal as they were not able to be completed 22/10/10 as the notice states? Is he right to be charging two levy fees and two attendance charges??
Please please help because I am so worried that my partner and I will now not be able to get to work and all our other debts will spiral out of control.
Any advise would be greatly appreciated
Thank you
Ok so the sorry saga is: we got totally bogged down with unpaid council tax and our council passed the bills out to bailiffs for collection. We had over the past year paid off the amount owing including fees all but £87.38.
In september we thought we had done a balance transfer of £40.00 and had no idea until 22/10/10 when the bailiff arrived that this had not actually gone through the system. When he arrived I queried the balance as it had now jumped to £279.38 and he told me it could have been a mistake at the office and got back in his car while he tried to contact them. 20 mins later he came back and said he could not speak with the office and he would telephone me on Monday to explain the balance.
When he called on Monday he said this was for fees that had been applied to the account, £42.00 levy fee and £150.00 attendance fee - he did not tell me this on Friday. I asked for a breakdown of the fees applied and this came through yesterday and £150.00 was missing although on the automated payment system it has been applied.
I rang the bayliff today and advised him that he can't charge me a second attendance fee as had already charged me this fee on 26/03 and when he came of Fri he never removed any goods and therefore an illegal charge. He got the hump and refused to discuss any further.
He has arrived at the door tonight and has told me that if I do not pay £279.38 in 7 days he will remove the car. However, the car he leived on was not on the property on 22/10/10 as per the date of his notice of seizure, nor was this given to me on this day. He has said he saw my partner driving it as he passed him leaving our property.
I paid the original £87.38 25/10/10 so my question is, can the car be removed for bailiff fees only? Fees that seems to be illegal as they were not able to be completed 22/10/10 as the notice states? Is he right to be charging two levy fees and two attendance charges??
Please please help because I am so worried that my partner and I will now not be able to get to work and all our other debts will spiral out of control.
Any advise would be greatly appreciated
Thank you
0
Comments
-
He can't remove anything from on or around your property if you have not signed anything. Its called a "walking possession order" I think.
Don't let them bully you. If he turns up at your door again, tell him to leave or you will call the police.
If you still owe the council anything, call and tell them you are happy to pay what you owe, but you are not prepared to pay bailiffs fees because they passed over your debt for what sounds originally like a clerical error.
I wonder how these people can live withselves to be honest. Turning up and frightening people at home, all because they were struggling to pay a bill.
If in any doubt, go to your local citizens advice bureau. Or find an online solicitor, and there are quite a lot, who will give free advice.0 -
Thank you for your reply Sanity. I did say to him I was going to ring the police but he said that I was going to end up getting myself in more trouble.
We don't owe anything to the council now, the only money owed is £192.00 for charges that he applied 22/10/10. Neither of us have signed anything, can he remove goods etc just for fees he has added what seem incorrect?0 -
As far as I am aware there are strict limits as to the amounts baliffs can charge for vists regarding council tax , but they frequently flout the rules and try to charge whatever they feel like. Baliffs can and do lie and cheat to get whatever they can out of you. Many are found not to be properly licenced either.
Good website here re advice about baliffs and it lists the fees as £24.50 and £18 so you are right to query the fees. Keep reading up online, I think the CAG forum is probably better than here for baliff advice so worth a posting there as well, and as the other poster said CAB or a solicitor if you can manage it. Link to a simular question on the CAG forum http://www.consumeractiongroup.co.uk/forum/showthread.php?149798.
Please note I am nothing to do with either the above sites, just a user and a reader.
Good luck
ali x"Overthinking every little thing
Acknowledge the bell you cant unring"0 -
I am hoping someone can help me urgently as I am so unsure of how to proceed regarding a bailiff from Rundle and Co attending my property. I have never posted before but am in a great need for information.
Ok so the sorry saga is: we got totally bogged down with unpaid council tax and our council passed the bills out to bailiffs for collection. We had over the past year paid off the amount owing including fees all but £87.38.
In september we thought we had done a balance transfer of £40.00 and had no idea until 22/10/10 when the bailiff arrived that this had not actually gone through the system. When he arrived I queried the balance as it had now jumped to £279.38 and he told me it could have been a mistake at the office and got back in his car while he tried to contact them. 20 mins later he came back and said he could not speak with the office and he would telephone me on Monday to explain the balance.
When he called on Monday he said this was for fees that had been applied to the account, £42.00 levy fee and £150.00 attendance fee - he did not tell me this on Friday. I asked for a breakdown of the fees applied and this came through yesterday and £150.00 was missing although on the automated payment system it has been applied.
I rang the bayliff today and advised him that he can't charge me a second attendance fee as had already charged me this fee on 26/03 and when he came of Fri he never removed any goods and therefore an illegal charge. He got the hump and refused to discuss any further.
He has arrived at the door tonight and has told me that if I do not pay £279.38 in 7 days he will remove the car. However, the car he leived on was not on the property on 22/10/10 as per the date of his notice of seizure, nor was this given to me on this day. He has said he saw my partner driving it as he passed him leaving our property.
I paid the original £87.38 25/10/10 so my question is, can the car be removed for bailiff fees only? Fees that seems to be illegal as they were not able to be completed 22/10/10 as the notice states? Is he right to be charging two levy fees and two attendance charges??
Please please help because I am so worried that my partner and I will now not be able to get to work and all our other debts will spiral out of control.
Any advise would be greatly appreciated
Thank you
This is VERY serious indeed.
Firstly, always remember that with council tax recovery any levy (upon goods) and the charges are the responsibility of the local authority who instruct the bailiff. Therefore, it is VITAL that if there is a query that you write a letter of complaint to the council and that any such enquiry is addressed to the Chief Executive and headed as a Formal Complaint.
The Chief Executive will NOT of course read your complaint but by addressing it in this way your letter MUST be recorded as a complaint and will be forwarded to a person with responsibility for council tax recovery.
As many people on here know,I have the website called Bailiff Advice Online and for many months we have been very concerned indeed at the number of bailiff companies who are charging an "enforcement fee" such as the one charged to you. Firstly, there is NO provision within the statutory fee scale for an "enforcement fee" and in reality this fee is REALLY an "ATTENDING TO REMOVE" fee. HOWEVER...and this is the serious part.......for such a fee to be charged the bailiff MUST first have "levied"upon goods !!!
In your case, it would appear that the bailiff has NOT previously levied upon goods. This is because....he has ONLY charged you £42.50!!
According to the statutory fee scale, a bailiff can charge a fee of £24.50 for "attending to levy (where no levy was made). This would be where a visit had been made with the INTENTION of levying upon goods, but there was nobody at home. The bailiff can then charge for a second such visit but for this visit he can ONLY charge £18.00 for "attending to levy (where no levy was made).
UNLESS a levy has been made, the bailiff CANNOT charge any further fees.
In your case, the fee of £42.50 is for 2 visits (£24.50 and £18.00) for "attending to levy (where no levy was made)" The bailiff is therefore attempting to extract fees from you that are not in accordance with statute law and this is worthy of a complaint to the council.
If the bailiff ATTEMPTS to state that he had levied upon goods, then you need to remind him that you will be asking for a copy of the Screen Shot of your account !!!0 -
'tHe can't remove anything from on or around your property if you have not signed anything. Its called a "walking possession order" I think.
Don't let them bully you. If he turns up at your door again, tell him to leave or you will call the police.
If you still owe the council anything, call and tell them you are happy to pay what you owe, but you are not prepared to pay bailiffs fees because they passed over your debt for what sounds originally like a clerical error.
I wonder how these people can live withselves to be honest. Turning up and frightening people at home, all because they were struggling to pay a bill.
If in any doubt, go to your local citizens advice bureau. Or find an online solicitor, and there are quite a lot, who will give free advice.
Can't you also go to your local political party councillor? Or do you live in a tory district?0 -
Thank you all for your help. We are going to phone the council and Rundle tomorrow and follow it up in writing. Hopefully we might get somewhere. My worry is that he will come for the car before we sort out the problems with it all. I'm still surprised that he has leived our car when it wasn't even on the property, he reckons he's been watching us and thats how he knew it was our car....He has already charged us a first visit, second visit, levy fee (for other items, not the car), an attendance fee, another levy fee (for car) and another attendance fee. So in total we are being charged £426.50 on an original £550 debt, if we have to pay this last queried £192.00,0
-
't
Can't you also go to your local political party councillor? Or do you live in a tory district?
What is that supposed to mean? Are you suggesting that all Tory councillors are either inconsiderate or worse?
I would suggest that you think a little harder before posting rubbish on public sites. I've forwarded this slander on to the site authorities to look into.The proof that some people really are opinionated and ignorant
Originally Posted by naff123
Long nosed Tory looking down upon everybody!0 -
Take Herbie21's advice she is an expert and has helped many many people get control of the situation with these vulchers not only here but also from her own site, she really knows what she is talking about if she says the charges are not right then take it as fact they are incorrect.
As has been suggested you need to be communicating with the other set of vulchers known as the council, the bailiff is ultimately working for the council and as such represents the council so to be trying to basically "scam" extra fees really should and will be frowned upon at the council.
Best of luck I hope you manage to get it all sorted out, I too have had many a bailiff encounter over the last couple of years and know how your feeling it quickly turn into a nightmare
So far as the car in theory if he has levied upon it then he can take however if the car is moved away from the property and he cannot find it then there is not an awful lot he can do really.
Make sure you dont let him in and whatever you do, do NOT sign anything he gives you, to me they are the scum of the earth who literally prey upon the vulnerable it really is about time their dodgy business practices were stamped out for good!"You can measure a man's character by the choices he makes under pressure"Sir Winston Churchill0 -
If you owe money on CT then for the love of God, stash your car elsewhere.
If you're still driving back and forth to the shops in it then I bet they'll take it."We want the finest wines available to humanity, we want them here, and we want them now!"0 -
Have tried speaking with both the bailiff office and council but neither will help, both keep sending us back to bailiff but really dont want to speak with the lying toad.
I checked the online bailiff register and he is not listed on there, does this mean he is definately not certificated?
I feel I am learning so much about bailiffs but none of it seems to be getting him off our case. He is due to attend and take the car on Wednesday0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.7K Banking & Borrowing
- 253.4K Reduce Debt & Boost Income
- 454K Spending & Discounts
- 244.6K Work, Benefits & Business
- 600K Mortgages, Homes & Bills
- 177.3K Life & Family
- 258.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards