bailiff fees

hallowitch

dannyjebb wrote: »

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

Levy fee : 26
Enforcement fee : 95
Sch 5 head fee : 24:50

the car does not belong to you so the levy is unlawful therefore all the above fees should be removed

having said that there is no enforcement fee in the council tax (administration and enforcement) regulations 1992 (amended )
http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0

regulation 45 (b) charges connected with distress
and a hedder H fee can only be charged if goods are removed

PS i belive most people remove the wheel deflate the tyre then remove the clamp I'm sure a google search will show you how

dannyjebb

Next to enforcement fee i think it relates to c/d on the pdf you sent. When exactly can they charge you this fee? Have rang the council who where very unhelpful, tempted to write to the local paper about this.

I couldn't remove the wheel as the clamp covers the bolts.

Danny

hallowitch

if your council are being unhelpful then you send a formal complaint to the CEO of the council sating the facts

this can be sent by e-mail and should have the heading formal complaint imminent removal of lease vehicle by Dukes Bailiffs

1) the bailiff has levied on a vehicle that is not owned by you its a lease car used for you employment proof has been provided to drakes on (date of letter sent)
2) the bailiff has charged an enforcement and hedder h fee on th eday of the levy regulations do not allow for an enforcement fee
hedder h fee should have been charged as no goods were removed
3) the bailiff has now clamped said vehicle therefore you cant work and may lose your job
5)When you spoke to the revenues department today they were very unhelpful and did not seam to grasp the the severity of the bailiff actions as the removal of said vehicle could result in a claim for damages and lose of earning from the council


The only fees on a notice of seizure should be the levy fee and a walking possession fee if the walking possession has been signed

how it works

bailiff attends property doesn't get the debtor at home so leave a letter charging £24.50 for this visit

same as above but charges £18 for this 2nd visit

3rd visit the bailiff levies goods he charges a levy fee (on your debt its £26) no other fees can be charged on the same day as the levy

4th visit if no contact is made by the debtor or the debtor fails to maintain a payment agreement then the bailiff can return and charge an attendance to remove fee

5th visit If goods are then removed then the bailiff can charge removal fee storage fee auction fee
I the debt and fees (up to this point) are paid then the goods are returned and a hedder h fee can be charged

if the goods levied do not belong to th debtor a complaint is then made to th bailiff company and the council
the debtor should then provide proof if he can and the bailiff firm should do a dvla check to confirm ownership of goods levied

hallowitch

http://www.lgo.org.uk/news/2012/jul/blaby-council-criticised-bailiff-charges/


Head H fee48. I note the bailiffs charged a ‘redemption fee’ of £24.50 under Head H of

Schedule 5 in respect of one of the vehicles on the 2005 liability order. This fee was removed when the Council established the car did not belong to Mrs Smith.

I welcome this action. But the Head H fee should not have been applied on the facts of this case: the goods were not ‘made available for collection by the debtor’
as they were never removed. This was maladministration.




H Where no sale takes place by reason of

payment or tender in the circumstances

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

regulation 45 (4)
(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 available for collection by the debtor.

dannyjebb

Is it true if the car is unlawfully clamped I can remove the clamp and bill the council and bailiffs for a pair of bolt cutters, and a daily charge to store the clamp?

Danny

hallowitch

dannyjebb wrote: »

Is it true if the car is unlawfully clamped I can remove the clamp and bill the council and bailiffs for a pair of bolt cutters, and a daily charge to store the clamp?

Danny

sorry I don't know the answer to this question but if i couldn't remove it without damaging it i personally would leave it on

now my hubby would be out with the bolt cutters or an angle grinder but thats him


your best bet is the formal complaint

dannyjebb

Just rang the police back and they say its a civil complaint so rang the council back and spoke to someone in the chief executives office who is now dealing with it! I need this off by tomorrow and the council arnt open at the weekend!

Danny

[Deleted User]

Maybe your company could have the car recovered to their premises?

[Deleted User]

dannyjebb wrote: »

Just rang the police back and they say its a civil complaint

How can theft be a civil matter :huh:

dannyjebb

They said unless the bailiffs remove the car its a civil matter! But i cannot use the car as it has a clamp on it but hopefully this will be sorted by the CEO or I will be going to the local papers! Aswell as finding a passerby to remove the clamp

Danny