bailiff fees

dannyjebb

hallowitch wrote: »

you need to e-mail your council asap

This is my main problem I am emailing this woman ( recovery team leader) she has never even mentioned bailiffs but she takes a week to reply. Considering she is recovery team leader she very rarely if ever acknowledges that I am offering to make payment!! I cant record calls on my phone hence why I have tried keeping all correspondance via email so I can print it off to send with my complaint! I now live in a different area so it isnt my local council and the bailiffs address is in Staffordshire! about 80 miles from me. I looked when I got home as I thought I best ring the council before this gets out of hand! but they closed all weekend!! I guess if the bailiffs clamp my car tomorrow then I will have to ring the police! unlikely though as I am heading out at 6am!

Just to confirm I am better paying the council via the website the 123.54 I owe them and nothing to the bailiffs at this point?

Danny

hallowitch

Just to confirm I am better paying the council via the website the 123.54 I owe them and nothing to the bailiffs at this point?

you must pay the £42.50 bailiff fees also you can pay them to the council

copy in the ceo of the council that will get you a response a lot quicker than a week


can you please confirm the bailiff is certificated to dukes

only certificated bailiff can enforce council tax debt

you need to put Dukes Certificated Bailiffs
http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search=Dukes+Certificated+Bailiffs

dannyjebb

Yeh I checked they are certified! Do they not need to prove they made the first and second visits? I have never even had a letter. A friend who had our local council bailiffs round said they left a letter saying they had visited?

dannyjebb

Sorry to bring this back up again, thought this was sorted but today the idiots turned back up and clamped my car, I have paid the council firefly weeks ago, the baliffs are now saying I owe them their fees. I was under the impression that they can't take any items belonging to me to cover their costs?

The car isn't mine but a company car so please could someone tell me if they can take it? They say they want the log book but obviously I don't have that, they say they are going to tow the car to Staffordshire and my lessee company have to go there to prove its their car??

Any help greatly appreciated

Danny

cripes_2

Just pay up - To be fair it shouldnt of ever got to this stage over £123....
Pay the fees put it down to experience...

As a rule if you owe any goverment body, council, hmrc its better just to pay up asap as they really are priority debts and really do know how to get there money back

cripes_2

Also - I dont know why they are idiots! They are collecting a debt that you owe????

dannyjebb

Thanks for not answering the question...

I have paid the debt to the council...it was simply that i didn't pay the council tax, they never sent me a final bill, then before i knew it i had court costs added on which i was disputing, looking back i should of paid the cost and then disputed it, but that isn't going to help now, i need my car for work purposes. Plus these bailiffs have added costs which i have been told are not legal such as, enforcement fee, walking possession fees when i haven't signed anything. All i am asking now is if they can take the car if it doesn't belong to me and don't even have a warrant

Danny

hallowitch

no he cant take your car

you get on to the council now (recording the call)dukes should have done a DVLA check to confirm the owner /registered keeper of the car as you have already told them you do not own the car

don't let the council tell you it has nothing to do with them it has everything to do with them they employ the bailiff and the bailiff levies on behalf of the authority

you most you can owe in bailiff fees are £42.50 visit fees

they have a liability order unfortunately the regulations state
http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made
Distress

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.
(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—
(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and
(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.
(3) If, before any goods are seized, 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 and the levy shall not be proceeded with.

which means you should have paid the £42.50

PS Ive never herd of anyone being charged for removing a clamp (without damaging it) that a bailiff has put on a car

thats not to say it cant happen and i don't know if or what offence you could be charged with
PPS I'm not telling you to remove the clamp thats your choice

DS4215

So you have paid the council back the full £123 (or whatever you owed for C.tax)? - Have you paid the legal fees (as detailed above)?

Do you have any documentation to prove that it is a company car and have you supplied this to the bailiffs?

dannyjebb

I have sent the letter to dukes proving the car isn't mine, they are still saying they will not remove the clamp until i pay their fees, do they have to remove the clamp? The car had nothing to do with them! Can someone confirm these fees,

First visit fee : 24:50
Second visit fee : 18
Levy fee : 26
Enforcement fee : 95
Sch 5 head fee : 24:50

i think they are what each charge relates to add its not very clear from the letter.not clearly written. But from research i think these are each charge.

I have never received a letter saying they have been although they say they have been twice,
They have never entered the house nor taken anything. On the only visit where i know they was here, they threatened to take my car which i told then was not mine. Now they have come and clamped it

Haha so if i get my angle grinder and cut of the padlock...interesting

Danny