unbelievable "Baillif" costs

gycraig_2 · 23 February 2015 at 12:53PM

In 2013 I was poor and couldn't afford my council tax so buried my head in the sand in the sand and it went away
Me and my brother Lived at a property for 5 months then moved haven't heart anything since. Brother received a threatening letter which is a liability order ?.

Being in a lot better financial state now I decided to ring as I want to sort it myself he has a young kid and can't afford all this. I rang expecting to pay 472 (on the letter) and wanted to pay in installments. They said it's gonna be 135 quid a month for 6 months Making it 810.

Letter is from December 2014 but don't see how it can of gone up by 330 in the space of 2 months after being unchanged for 2 years.
Offered 60 a month when I thought it was for 472 however they have said I have to fill in the form on back of letter asking for my net income employers address and phone and my payroll number.

Is it a case of cough up or are they having me over ?

CIS · 23 February 2015 at 1:11PM

The current enforcement agent costs are £75.00 and £235.00 , so £310.00 if it's gone through the process with them.

You can read a bit more here - http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/bailiffs__fees_and_charges_e/fees_bailiffs_can_charge_e.htm

gycraig_2 · 23 February 2015 at 1:24PM

CIS wrote: »

The current enforcement agent costs are £75.00 and £235.00 , so £310.00 if it's gone through the process with them.

You can read a bit more here - http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/bailiffs__fees_and_charges_e/fees_bailiffs_can_charge_e.htm

I don't see how we can have had a home visit when they where passed the debt by the council who knew we didn't live there.
This is the first time iv even seen a letter for it. I do appreciate the help though

CIS · 23 February 2015 at 2:20PM

If an enforcement agent is passed an account without a current address they will use various tracing services to locate someone. Providing all notices were issued by the council to the last known address then they have been served correctly.

If you're disputing the costs then you need to speak with the enforcement agents regarding the £235.00 costs.
and why they're trying to charge them.

McCloud1 · 23 February 2015 at 3:26PM

As the enforcement agent costs will not form part of the sum due under the liability order, you can pay what you owe to the council (which is non-negotiable) and then deal with the enforcement costs separately.

If you pay the sum due on the liability order, the order is effectively discharged. The bailiff would then have to commence a new civil action against you in order to recover their fees.

Bear in mind, the court will in all likelihood award the bailiff their statutory fees, and disputing them will incur further costs. The benefit of this tactic is that you remove their power to take goods from your home or the council's ability to pursue enforcement under that order, so it gives you some breathing space.

If you want to do this, make sure you pay the council directly.

Lastly.....

DO NOT PROVIDE THE BAILIFF WITH YOUR EMPLOYMENT DETAILS. They are likely obtaining the information so that an attachment of earnings order can be made against you.

Notwithstanding the above, the cleanest thing to do would be to just pay the lot and treat this as a learning experience. Council tax is the one bill you really don't want to leave unpaid.

CIS · 23 February 2015 at 3:50PM

DO NOT PROVIDE THE BAILIFF WITH YOUR EMPLOYMENT DETAILS. They are likely obtaining the information so that an attachment of earnings order can be made against you.

If they are making the request in writing under regulation 36 of the A&E regs 1992 using a delegated power from the council then you are legally required to provide the information.

andyfromotley · 23 February 2015 at 5:24PM

The fees although very high are in the right ballpark for matters that are passed to Bailiffs (from what i have seen on this forum)

Ask them for a breakdown of their charges, you can check via google if they tally with whats allowed. Its not unheard of for bailiffs to bump it a bit but then it may be that you just have to pay it.

As its more than you thought you can always ask your brother to chip in some, it is his debt too.

gycraig_2 · 23 February 2015 at 6:12PM

He has none that's the issue. They said they have sent two Baillif round to my brothers on separate occasion and left letters but brother says he has never seen a letter ? Worth arguing or just pay and get it done ?

McCloud1 · 23 February 2015 at 11:07PM

CIS wrote: »

If they are making the request in writing under regulation 36 of the A&E regs 1992 using a delegated power from the council then you are legally required to provide the information.

If he pays the liability order as per my suggestion they will have no legal basis to use any power. The bailiffs can't use it for only their fees, it will require a seperate civil action.

McCloud1 · 23 February 2015 at 11:11PM

gycraig wrote: »

He has none that's the issue. They said they have sent two Baillif round to my brothers on separate occasion and left letters but brother says he has never seen a letter ? Worth arguing or just pay and get it done ?

Whatever you do, pay the council what you owe THEM (directly) asap. There is no arguing council tax.