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Bailiff trouble

Hi

My friend owes £1200 council tax arrears and a Bailiff came round, she did not let them in and has rang the council to arrange repayment. On the bailff paper it says there is a distraint fee for £59, is this a legal charge?

Comments

  • does anyone know what the charges are that they are allowed to charge?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    There is a table of the maximum fees they can charge in the very good factsheet from National Debtline.

    Link: Factsheet | Bailiffs & Council Tax
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • thank you, I cannot find a distraint fee listed so I take it this does not need to be paid?
  • RAS
    RAS Posts: 35,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi two web-sites that might help

    Herbie 21

    The bailiff by law can charge just £24.50 for a first visit and £18.00 for a second visit.

    There is further advise on here:

    www.bailiffadviceonline.co.uk



    and from SC

    Some of the info here might be useful to you.

    Hope you get sorted x

    http://www.tipsandwrinkles.com/?p=25
    If you've have not made a mistake, you've made nothing
  • Also there are 2 cases for 2 different years and both have had fees added can they charge for 2 lots as there are 2 debts as they have only made one visit., thanks
  • RAS
    RAS Posts: 35,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Can you pm Herbie21 as she is a real whizz on this stuff. She will be fine about it. Have seen her posting here at 1am in the morning.

    It would help if you friend could contact the bailiff line by phone. Also, if your friend has any disability, ill-health or recent bereavement, Herbie needs to know.
    If you've have not made a mistake, you've made nothing
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Click on this button to send Herbie a PM. --> sendpm.gif
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • chappers
    chappers Posts: 2,988 Forumite
    Don't know where the £59 comes from because as herbie says they can only charge £24.50 for a first visit and £18 for a second.If you don't let them in they can make no further charges.
    If you send them a soa which shows you cannot pay the debt or make payments that they are happy with then they will send the debt back to the council and you will be able to negotiate with the council again. They will probbaly eventually do this if you write to them refusing to pay them or if you just ignore them.
    But also be aware that the council can then use other methods to claim the debt, such as attacment of earnings, bankruptcy or even commital to prison.
    Do as Herbie says do not leave your car on the drive or even immediately out side your house and whatever you do do not let them in or leave your windows or doors open whilst you are out.Once they have gained peaceable entry they can come back and force entry.
  • Herbie21
    Herbie21 Posts: 562 Forumite
    If a Bailiff were visiting your home to pursue an unpaid parking ticket he will know in advance the registration number of your car. With the collection of council tax he will have no idea so try to ensure that the car is parked away from the home. With the credit situation as it is, our office are seeing more and more cars being removed by bailiffs.

    A final point. BEFORE a bailiff visit you are legally entitled to transfer or sell any assets (including a car). You will need to complete a very simple Statutory Declaration. Please pm me for more info.

    https://www.bailiffadviceonine.co.uk
  • Dinah93
    Dinah93 Posts: 11,466 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Bake Off Boss!
    You say there are two cases ongoing, so maybe the £59 is two first time visit fees?
    Debt January 1st 2018 £96,999.81
    Debt September 20th 2022 £2991.68- 96.92% paid off
    Met NIM 23/06/2008
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