Enforcement notice advice please!

DVardysShadow

Rail_Staff wrote: »

Yes she does get CT benefit.

Just phoned the council and the debt is £472.45 owing on CT, total bill on the letter was £553.45 yet guy she spoke to on tuesday evening insisted that the money required upfront (Ross & Roberts costs) were 'around £300'.

They have made 2 visits so £472.45 CT owed plus two visits should be no more than £514.95 which leaves £38.40 unaccounted for.

We can raise the legal costs if they are under £100 but I have no idea why the bailiff is telling her the costs are £300 unless it was just intimidation.

Don't fall for the 'legal costs'. From memery, the allowable costs are £24 for the first visit, £18.50 for the second, making a total of £42.50, plus the council's legal fees.

I suspect that the bailiff is asking for £300 legal fees upfront, with the intention of denying reciept and coming back for all of the correctly charged money.

dancingfairy

sadly there are well known bailiffs for charging illegal fees :mad:. I've not come across this particular lot before but it would be interesting to see if they suddenly back down or lie further and get themselves in more trouble.
I would report them to the council when you've got a reply from them as this is not on and the council are responsible for their bailiffs or who they appoint to collect the council tax.
I can't see any reason why you have to pay any fees up front either - it's an intimidation tactic - she should draw up a budget and repay what she can afford and obviously not let them in whatever they threaten her with. The council CAN take the debt back if they choose to as well and do an attachment of benefits.
df

Rail_Staff

Would this be ok to send?

Ross & Roberts Refs: xxxxxxxx

Our Ref: xxxxxxxxxx

Date: 04/02/2011




I refer to the above account in relation to unpaid council tax at xxxxx.

As you will be aware from your files this account has been passed to your bailiff S Hodge 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 bailiff visited my premises on xxx and for this visit I am advised that your bailiff may only charge a fee of £24.50 for "attending deliver the first letter" and £18.00 for "attending to deliver the second letter", however your agent insisted that the costs were 'around £300' for 'legal fees'. I have confirmed with xxxxxxx that the outstanding amount of council tax is £472.45 which when added to the permitted fees of £42.50 for two visits to my property comes to a total of £514.95. A sum of £553.40 is quoted as owing on the letter that was delivered and there is no explanation for the difference of £38.45.

As a matter of urgency can you please provide a full and detailed breakdown of the charges made by your bailiff and an explanation as to why your bailiff is claiming approximately £300 in fees payable 'upfront' before he was prepared to consider a payment plan.

A prompt response would be appreciated in order that this debt can be resolved as soon as is affordably possible.

Yours sincerely,


xxxx xxxxxxx (Ms)

RAS

Hi

Before you send that, please read the thread I posted and the links. The bailiff adviceline lists the exact fees for the first and second visits when no levy is made. You need to quote that, not what we can remember.

Rail_Staff

Ok thanks, I drew up that letter from the template in the thread you linked to but I'll take another look.