Council tax bailiff advice please, re: £110 removal fee.

7CS

I have been paying Bristow & Sutor for a over a year now, and have cleared over £2000 in council tax and bailiff fees (averaged £30+ per week).

With only £175 left to pay, I got a call from their bailiff on Wednesday saying that because I had failed to make payments on a couple of occasions, further action would be taken should I not clear the remaining balance by Friday.

On Friday I called and paid what I could afford (£75).

Yesterday the same guy called again saying he would give me until tomorrow (today) to clear the other £100 or, again, further action would be taken.

When I asked him what action, he said a £110 removal fee (which is silly on a £100 debt).

My question is, what does he actually have to do to be able to charg that fee? Just turn up? Enter my home? Get me to sign something? Levy against my car?

I can’t find clear info on it anywhere.

Obviously I will clear the remainder ASAP but it’s a bad week!

Thanks.

(As an aside, they have already charged me £235 twice, claiming that it was for two separate council tax bills, which it was, but I still thought they could only charge once if chasing for both together.)

CakeCrusader

Have you checked whether the costs they have added are genuine? There's set amounts they can charge; https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/


The £110 is for when (not if) items are removed and sold, it really shouldn't be added in advance, and can only be added once items are removed. Have they done a levy (taken a list of your goods)? They can just enter and take them if they have done a levy, but they can't if they haven't.



I'd give your council a call and let them know what the bailiffs are doing, as it's the council who are responsible for them. Ask them to check whether the amount that you've already paid is correct, and ask them to recall the debt so that you can pay them directly.



I hope this works out OK for you.

CIS

The £110 can be applied from the 'first attendance at the property for the purpose of transporting goods to the place of sale' so until they turn up with the actual purpose of removing goods the fee cannot be charged.



The fact that it is only £100 remaining does not not prevent them from attending a property to remove goods, if required.

7CS

Thank you for the replies.

Sorry if my first post wasn’t clear but the average of £30 per week wasn’t fees, it’s what we’ve been paying to clear the whole debt.

What I was wondering with the £110 fee is whether that will apply automatically the next time one of these leeches turns up, or do they have to visit to levy goods first, then return to remove them?

7CS

Anyone help?

fatbelly

It's a fee for taking and selling your belongings. Usually there is no real intention to do that and so any attempt to demand that fee should be challenged.

However, you will have to pay the £75 and £235 fees.

Edit : but see CIS's note re multiple fees in post #9 (I missed that from post #1)

7CS

fatbelly wrote: »

It's a fee for taking and selling your belongings. Usually there is no real intention to do that and so any attempt to demand that fee should be challenged.

However, you will have to pay the £75 and £235 fees.

Thanks. If it comes to it, on what grounds could it be challenged?

Could they argue that simply by attending the property, they intended to remove goods?

fatbelly

7CS wrote: »

Thanks. If it comes to it, on what grounds could it be challenged?

Could they argue that simply by attending the property, they intended to remove goods?

It would have to be goods that they had 'taken control of' and there would have to be a realistic expectation of removal. For example if they are removing a vehicle they would need to attend with a low loader as there is no certainty that you would give them the keys.

Craig1981

7CS wrote: »

(As an aside, they have already charged me £235 twice, claiming that it was for two separate council tax bills, which it was, but I still thought they could only charge once if chasing for both together.)

if both the council tax liabilities were sent at the same time, then no, only one charge of £235 is applicable. same with the compliance fee of £75.00.
if liability orders were sent individually, then only a second charge of £75.00 is allowed, not another £235.
i would clarify the charges with the bailiffs office, and if incorrect as them to correct it. quote Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014. this states that all debt must be collected at the same time, hence no second charge of the £235.
if not, contact your council and put in complaint about the bailiffs to them

side note - make sure you are speaking to your council and ensure arrangements/contact is always made with regards to council tax. if you fall behind, make sure you contact to avoid this sort of action in the future.

CIS

The caveat under reg 11 is that the enforcement agent should only charge one enforcement fee where "those enforcement powers can reasonably be exercised at the same time" and it is later also clarified with "except where it is impracticable to do so.". It would have been better for the debtor is the regulation was an absolute requirement but as it is it leaves the determination relatively open ended.