Council Tax Bailiff Charges

techno_saver

Hi.

Thank you, yes, knowledge is power.
Considering how much I have learned in a short time on this subject it makes me wonder if there shouldn't be a few refresher courses offered to police on civil law, perhaps then they wouldn't appaear as more of a help to the bailiff.

No, it's only an older car 1995.
I did explain to the first bailiff that although the car was registered to me, it actually belonged to my Son, I could have produced a letter stating that, not sure if that would have stopped a levy though.

Thanks.

RAS

techno_saver wrote: »

No, it's only an older car 1995.
I did explain to the first bailiff that although the car was registered to me, it actually belonged to my Son, I could have produced a letter stating that, not sure if that would have stopped a levy though.

Thanks.

That would stop him alright. They cannot levy on something that does not belong to you. And a car that old would not even fetch enough to cover the debt.

hallowitch

have you received a breakdown of charges yet

there is no such thing as a waiting fee

legislation set out bailiffs fees this being The Council Tax (Administration and Enforcement) Regulations 1992(Amended )

regulation 45 (b) schedule 5 Charges connected with distress)
http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf


Is the bailiff certificated

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

the list is not always 100% up to date if you cant find the bailiff or if he is certificated to a different bailiff firm phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355 to confirm his details

techno_saver

Hi Hallowitch.
Pleased you posted, I did try to PM you but your box is full, you must be busy!
The bailiff office, Ross and Roberts sent a partial breakdown of charges, the first two visits from the first bailiff, the standard visit with no vevy fee, they said I would have to request the figures from the last visit from the bailiff, I wrote back, that the account with the bailiff is now closed, and would they send the information, no response from them.
Have checked the register and their names are on it, listed at a local county court.
I have filled in the Form 4 with regard to both bailiffs, I haven't sent anything to date, ideally I would like an opinion on the draft.
Thanks.

hallowitch

don't send a form 4 complaint yet please this can back fire dramatically with the debtor being left to pick up costs you must go through the council complaint procedure first

Anything you send to the council copy in R&R

your council are fully responsible for all bailiffs actions including the fees start with a FORMAL COMPLAINT addressed to the CEO(you should find is name and e-mail on the council web site) of your council outline your complaint to include the refusal of R&R to provide a breakdown of fees charged inform him you are fully aware of the The Council Tax (Administration and Enforcement) Regulations 1992(Amended ) regulation 45 (b) schedule 5 Charges connected with distress) and ask HIM (the council) to explain why you have paid £xxx in bailiff fees when there has been no distress levied on any of your goods in accordance with

regulation 45

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

RobertoMoir

hallowitch wrote: »

have you received a breakdown of charges yet

there is no such thing as a waiting fee

Indeed not - not sure what current custom and practice is, or if there's been any legal clarification of the position, but we used to charge it as part of the "reasonable costs and fees incurred" to attendance to remove goods on the grounds that it was 'reasonable' to charge more for being kept waiting around.

If they are proceeding on that basis then this supports techno saver's complaint as no levy has been made so no van fee can be charged. Or alternatively they're pulling this fee out of their asses because it isn't in the schedule, as you say, which also helps techno saver.

techno_saver

Thanks Hallowitch.
When I rang the Council to complain about the fees, the man I spoke to was helpful, asked for a copy of any complaint letter I might send to the bailiff office, but when I mentioned the fact that the bailiff worked for the Council he said well not really, they are employed by Capita. I am not sure if the Council even realise their legal obligations.
I will now put in a formal complaint to the Council with a copy to the bailiff office.
Thank you.

techno_saver

Hi Robertomoir.
Nice to see you, bet you didn't hear that too much a few years ago!
When you read the Schedule 5 document from 1992, not the amended version, it reads that reasonable costs can be charged with a view to making a levy, a few years back that would have made waiting time with no levy valid I suppose.
Thanks.

hallowitch

Capita are employed by your local authority to administrate Council tax ,parking tickets ect

Equita bailiff and either Ross and Roberts or rundle & co(cant remember which one ) are part of the Capita group of company's

However the council are accountable for both Capita and Ross&roberts action

RobertoMoir

techno_saver wrote: »

Hi Robertomoir.
Nice to see you, bet you didn't hear that too much a few years ago!
When you read the Schedule 5 document from 1992, not the amended version, it reads that reasonable costs can be charged with a view to making a levy, a few years back that would have made waiting time with no levy valid I suppose.
Thanks.

Sorry if I was unclear, I meant to say that its never been valid to charge anything other than the 1st and 2nd letter fees without a levy.

Once a levy is in place then they can charge fees to attend to remove goods on subsequent visits, and "waiting time" might be considered as a part of the 'reasonable costs' for attendance to remove goods (I think I said 'waiting time' is a grey area in one of my earlier comments, and this is what I was thinking of when I said that)