bailiff fees

dannyjebb

Had a letter this morning from some idiots who turned up about a council tax debt i have of 123.54 i live with my parents and told them all i own is my clothes. My car is a company car, which i told them. I them went to work. They posted a letter with the following written on.

Council tax arrears : 123.54
1st visit fee ....nothing
2nd visit fee : 24.50 maybe a combination of visit 1 and 2
Levy fee : 18
Walking possession fee : 26
Enforcement fee : 95
sch 5 head h fee : 24.50


Now i have no idea what half these are. my mum is retired so home all the time but has never know them to call before. Yet they said they came on 27 nov and 5 dec. No letter or anything.

Bit of background. I moved out of my old house last year and waited for a final bill that never arrived. I only received a letter saying i owed 69 (original council tax i owed) plus court fees. So i have been disputing this since. I realise now i should have paid this online. But the woman i have been in touch with at the council recovery team never said to do this. It seems to have been more a battle of her trying to prove they have done things by procedure, as i asked why i want contacted via email or phone before it going to court.

Anyway if someone could explain the charges that would be helpful.

Danny

DevCoder

They quote a walking possession fee. You let them into the house?

dannyjebb

Sorry also i should add at the end of this letter entitled notice of seizure of goods and inventory, it says

The inventory to which the above notice refers

1 x mini Cooper and my registration number.

I have already told them the car us a company car so they must know they can't size it

dannyjebb

No they didn't come in. I opened the door walked out side locked the door walked to my car whilst they walked on. Not usually a rude person but this while saga has really annoyed me

DevCoder

Who is the registered owner of the car.

hallowitch

Council tax arrears : 123.54
1st visit fee ....nothing (should be £24,50)
2nd visit fee : 24.50 maybe a combination of visit 1 and 2 (should be £18
Levy fee : 18)(should be £26 if the levy was valid)
Walking possession fee : 26 (should be £12 and can only be charged IF the walking possession is signed )
Enforcement fee : 95(no such thing as an enforcement fee its a van/attendance fee dressed up as something else and cant be charged at this stage of enforcement )
sch 5 head h fee : 24.50(can only be charged if goods are actually removed)

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

Is this bailiff certificated ? what bailiff firm is it ? what council is it ?
they cant take or levy the car if it doesn't belong to you (is the car registered to the company)
the only fees the bailiff is entitled to is a first visit fee of £24.50 and a second visit fee of £18

dannyjebb

thanks for the replies. the council is high peak borough council and the bailiffs are called Dukes.

I can live with paying the visit fees. I have signed nothing and as I have read on here quite alot today these bailiffs try and (as I see it) steal money.

My car is on a salary sacrifice scheme with the NHS I think the registered owners are NHS fleet solutions.

The main problem I was worried about is them taking my car over the weekend! Interestingly what can happen if they did take the car? As a precaution and so I have evidence of telling them it does not belong to me I text the bailiff as he left his mobile number saying that the car was a company car and not registered in my name?

Danny

dannyjebb

One more quick question, It says not to pay the council but to pay this bailiff comapny! As I dont agree with half of these fees, Should I just pay the council the 123.54 via their website and then sort out the bailiffs from there?

hallowitch

the bailiff wont remove your car over the weekend (they dint work Sundays)if you read the notice of seizure the walking possession part it tells you you have 5 days to make payment only after this time can the remove the car

thats not say they wont clamp it to try and force a payment from you

did you check to see if the bailiff is certificated to dukes ? can you record your calls ?

If you have your council tax account details you can pay the council on line

you need to e-mail your council asap (revenues department for the attention of the head of revenues) inform them that there contractor has levied against a vehicle that does not belong to you tell them it belongs to your employer and the registered keeper is NHS fleet solutions also bring to there attention that there bailiffs fitness to hold a certificate should also be questiond as he does not seem to know the basic fees that can be charged under current legislation and is charging fees not in legislation(Enforcement fee) The council tax administration (and enforcement ) regulations 1992 (amended) regulation 45 (b) schedule 5 charges connected with distress

I would also send an e-mail to your MP and local councillor informing them that they have a rouge bailiff working on behalf of your council who 1) does not know the basic fee and is charging fees not in legislation

hallowitch

http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0


sch 5 head h fee : 24.50

H Where no sale takes place by reason of

payment or tender in the circumstances
referred to in regulation 45(4):
“Either i) £24.50 or

ii) the actual costs incurred to a

maximum of 5 per cent of the

amount in respect of which the

liability order was made.

whichever is the greater”.

regulation 45(4):
http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods SHALL BE MADE AVALABLE FOR COLECTION by the debtor.

hallowitch

Blaby Council criticised over bailiff charges
http://www.lgo.org.uk/news/2012/jul/blaby-council-criticised-bailiff-charges/
8 In cases where the debtor is not present (for example a bailiff levying on a car outside premises where there has been no reply at the door) or ownership is disputed, then she considers it

reasonable for the bailiff to check ownership with the DVLA.



10. Head H of Schedule 5 to the regulations says that the bailiffs can also charge a

fee where goods have been removed but are returned after payment has been

made in full. This is known as a Head H fee. There is considerable debate over

when this fee can be applied. Some bailiffs charge it if an arrangement is made

but no levy undertaken and call it a redemption fee. Others believe this is

incorrect because no goods have actually been removed. My view is that Head H

fee should not be charged when an arrangement is made but no goods are removed.