Council Tax Bailiff Charges

techno_saver

Hi.
Sorry Robert that looked as though I was disagreeing with you.
What I meant was, that when I read the original document it makes no mention of the first/second letter rule. It states that a visit with a view to levying goods, whether a levy is made or not can be subject to a fee for reasonable costs. With the amendments it reads a lot differently.
Thanks.

RobertoMoir

techno_saver wrote: »

Hi.
Sorry Robert that looked as though I was disagreeing with you.
What I meant was, that when I read the original document it makes no mention of the first/second letter rule. It states that a visit with a view to levying goods, whether a levy is made or not can be subject to a fee for reasonable costs. With the amendments it reads a lot differently.
Thanks.

Not at all, I simply thought I might not have been clear and wanted to clarify for you or anyone else who reads this thread later too.

I see what you're getting at now, too. Any document that doesn't talk about the first and second letters/visits must be quite old, I'd have thought.

Becsimon

Can anyone tell me if I am being ripped off by a local Bailff for outstanding council tax debts??? The breakdown is below of what I owed and what I have been charged
1st Debt
original debt - £268.06
Charges added
22.50 for first visit,
16.50 for second visit
Total charges £39.00

2nd Debt
original debt – 137.20
Charges added 22.50 for first visit
24.00 for levy
11.00 for walking possession (same day as levy)
125.00 for enforcement visit
0.00 for 2 further visits
Total charges £182.50
3rd Debt
original debt 332.86
Charges added 32.00 levy (same date as other debt)
11.00 for walking possession (same day as levy)
30.00 Bounced cheque fee
0.00 for 2 further visits
125.00 for enforcement visit (charged to this account yet paperwork is written out to first account!)
Total charges £198.00
TOTAL debts were :£738.12
TOTAL charges added are:£419.50

Not sure if they can charge levy and walking as it was the same day?
Can they charge it on both accounts as it was same day
First fee of £125 they never entered property or attempted to enter
Second fee of £125 they have charged to a different account than what is written on the removal notice, the one they have put on the removal notice has no levy or walk in obtained so is it therefore invalid????

What can i LEGALLY argue????

MissShoes

Becsimon wrote: »

Can anyone tell me if I am being ripped off by a local Bailff for outstanding council tax debts??? The breakdown is below of what I owed and what I have been charged
1st Debt
original debt - £268.06
Charges added
22.50 for first visit,
16.50 for second visit
Total charges £39.00

2nd Debt
original debt – 137.20
Charges added 22.50 for first visit
24.00 for levy
11.00 for walking possession (same day as levy)
125.00 for enforcement visit
0.00 for 2 further visits
Total charges £182.50
3rd Debt
original debt 332.86
Charges added 32.00 levy (same date as other debt)
11.00 for walking possession (same day as levy)
30.00 Bounced cheque fee
0.00 for 2 further visits
125.00 for enforcement visit (charged to this account yet paperwork is written out to first account!)
Total charges £198.00
TOTAL debts were :£738.12
TOTAL charges added are:£419.50

Not sure if they can charge levy and walking as it was the same day?
Can they charge it on both accounts as it was same day
First fee of £125 they never entered property or attempted to enter
Second fee of £125 they have charged to a different account than what is written on the removal notice, the one they have put on the removal notice has no levy or walk in obtained so is it therefore invalid????

What can i LEGALLY argue????

https://www.baliffadviceonline.co.uk

elly19

Have been reading through all these posts and just wondered if anyone has a template of a complaint letter to the council.
I was out when the baliff came round, and one of the children answered the door, they left him at the front door and went to get the phone to get hold of me. When she turned around the guy had walked in the house and stood in the dining room discussing the debt with the children, when i spoke to him i asked him to wait in his car until i could get home...but he informed me that he wouldnt leave the house until i had arrived with £850 in cash, and if i didnt arrive within his 10 min waiting period he would take my goods....and i would be charged £10 per minute i was over the waiting period...the debt was only £850 in November, and I had paid over £900 already to the baliffs, but because one of my cheques had bounced the previous month they were demanding full payment or else. I managed to get the money from a family member and paid him within the ten minutes. It is only now that i have read these posts that i have realised that my original debt to the council was £1,000 yet i paid almost 100% extra in charges to the baliff.
I definately think that I should complain to the council, as i cannot afford this years council tax so expect the baliffs yet again....
Any help will be gratefully received,

thank you

dancingfairy

Becsimon - did the bailiff ever levy on your goods? -either a car? or did you ever let him in to your house?
Elly - it is illegal to enter a house if they know or find out that only children are around and the bailiff should have left at this point as far as I am aware.
I'm sure both of you will get better answers soon though from one of the experts but I suggest phoning National Debtline if you need an immeadiate answer or if you need specifics then it may be worth paying for advice at bailiff advice online.
Best of Luck
df

hallowitch

elly19 wrote: »

Have been reading through all these posts and just wondered if anyone has a template of a complaint letter to the council.
I was out when the bailiff came round, and one of the children answered the door, they left him at the front door and went to get the phone to get hold of me. When she turned around the guy had walked in the house and stood in the dining room discussing the debt with the children, when i spoke to him i asked him to wait in his car until i could get home...but he informed me that he wouldn't leave the house until i had arrived with £850 in cash, and if i didn't arrive within his 10 min waiting period he would take my goods....and i would be charged £10 per minute i was over the waiting period...the debt was only £850 in November, and I had paid over £900 already to the bailiffs, but because one of my cheques had bounced the previous month they were demanding full payment or else. I managed to get the money from a family member and paid him within the ten minutes. It is only now that i have read these posts that i have realised that my original debt to the council was £1,000 yet i paid almost 100% extra in charges to the bailiff.
I definitely think that I should complain to the council, as i cannot afford this years council tax so expect the bailiffs yet again....
Any help will be gratefully received,

thank you

can i ask what age are the children

had the bailiff ever been in your property to levy goods before the children let him in if this is a yes answer
what goods did the bailiff levy

How much was the liability order (confirmed by the council)
how much have you paid in total (including bailiff fees)

working on this figure £1,000

1st visit fee £24.50
2nd visit fee £18
levy fee £53
walking possession fee £12(if WP signed)
attendance to remove fee reasonable costs (anything between £110 & 175 approx)

there can be no more bailiffs fees unless the bailiff removes goods previously levied

Becsimon

I didnt let them in as such, I live in a Pub so just walked in!!

Yes they levyed car on both accounts!!

elly19

Thanks, children are not really children...16 and 17...
Original debt was 1090, but with charges £1480.

Have worked out that I have paid £2175....I have written to the baliff company asking for a complete breakdown of this sum..

I need to know what to say to the Council though please, as i cannot afford to pay this years council tax and need to pay it monthly, but with what i have paid the bailiffs i could have paid last year and this years council tax.

Thank you again

elly

hallowitch

cant help you with what to say the the council

you could try sending a formal complaint letter to the CEO of your council explain that because the bailiff relieved you £xxx on the (date) you cant pay this months council tax inform him that the bailiff entered unlawfully (kids under 18) and threatened you with immediate removal of goods if you didn't pay £xx in full
explain you have paid in total £xxx this being £xx outstanding council tax and £xxx in bailiff fees ask him /her (the CEO) to explain the bailiff fees using Current legislation this being regulation 45 (b)2 Schedule 5 Charges connected with distress of The Council Tax( Administration and Enforcement) Regulations 1992(Amended)





http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

These Standards are not law however all councils and enforcement agents have signed up to them


Original debt was 1090, but with charges £1480.(you have been well and truly shafted )


can i ask if the bailiff levied on goods before this bailiff entered your home (important)
can you tell me the name of the bailiff firm and the name of the council(important)