Another bailiff discussion thread.

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Its Mark with a "K" if you don't mind.

TT will confirm to you that I am not a FMOTL. She will also confirm to you that I am neither upset with her, nor am I poorly researched. Just for good measure, she will also confirm that a NOROIROA worked perfectly for me.

So when you talk about people making mistakes pal, you really need to start looking a bit closer to home.

[Crazy council]

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

I have sort of lost whats being argued about on this thread, points seem to be moving

I just wish to clear up my early post, when i said i would advise him to pay direct to the council. i did not mean that this would remove the baillif charges.... I edited it to BOLD the main bits.

OP- in your first post, you mentioned you appealed the CT due, do you wish to expand that a bit. If you can find fault anyware in that part, you have a chance of the council withdrawing the extra charges

The problem sith you FMOTL boys is that you lack any ability to read legislation or authority in the manner which it was intended to be used, it is fine of course when you are jsut passing the information among yourselves as there is no one with the ability to correct you, how did you get on with the same tactic on CAG

100% agree with the above.

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Paragraph 1 does not have to apply.

If you were to bother to take time to actually read the regulation properly, you would see that it actually confirms that the "enforcement power ceases to be exercisable because the debtor has paid the amount outstanding"

We know that the EA may recover his fees-he just may not enforce for them as you have very kindly proven.

Thanks for that.

So he may ask for his fees without enforcing the request, a begging bowl you think

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

The problem sith you FMOTL boys is that you lack any ability to read legislation or authority in the manner which it was intended to be used, it is fine of course when you are jsut passing the information among yourselves as there is no one with the ability to correct you, how did you get on with the same tactic on CAG Marc, is the real reason you are so upset with TT
BECAUSE SHE SHOWED YOU UP TO BE THE POORLY RESEARCHED AND RUDE PERSON YOU REALLY ARE, NOW YOU ARE ABOUT TO MAKE THE SAME MISTAKE on Here.

Please feel free

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Here is another quote for you to save you looking for any reliable information

Fees and disbursements not recoverable where enforcement process ceases

17. (1) The enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable.

Paragraph (1) does not apply where the enforcement power ceases to be exercisable because the debtor has paid the amount outstanding or that amount has been recovered from proceeds or otherwise.

Paragraph 1 does not have to apply.

If you were to bother to take time to actually read the regulation properly, you would see that it actually confirms that the "enforcement power ceases to be exercisable because the debtor has paid the amount outstanding"

We know that the EA may recover his fees-he just may not enforce for them as you have very kindly proven.

Thanks for that.

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

I try to always read regulations property bailiffs tend t require payment in full, do you think they demand payment in part ?
it is rather the point.

Perhaps you would open the link, you may actually learn something ?

I read the link at the time it was posted. I had read the same drivel on CIVEAS private notice board about a week or so earlier. Now I know you all hang onto TT's every word but unfortunately, the contents of that thread are not her words-She is simply passing on what someone else has mailed her. I'd wager I know who as well & his track record of interpreting legislation would be laughable if it wasn't such a serious subject.

Please allow me to clarify the situation we are discussing for you.

A bailiff may well require payment in full but unfortunately, if he hasn't recovered any fees, he is not entitled to payment from the funds handed over directly to the creditor. Legislation does permit him to try to recover his fees but he may not enforce for them.

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Here is another quote for you to save you looking for any reliable information

Fees and disbursements not recoverable where enforcement process ceases

17. (1) The enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable.

Paragraph (1) does not apply where the enforcement power ceases to be exercisable because the debtor has paid the amount outstanding or that amount has been recovered from proceeds or otherwise.

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

If you're going to start quoting legislation, please try to afford us the courtesy of actually reading it properly first.

58 actually applies to cases where the bailiff (I also prefer bailiff) has taken control of goods-In that circumstance, the "magicians choice is no good to man nor beast

I haven't bothered opening any of the links to CAG but I assume the "magicians choice" refers to paying the creditor direct. IF no goods have been taken control of and the creditor is paid directly, then there are no proceeds of enforcement to share out.

Simples.

I try to always read regulations property bailiffs tend t require payment in full, do you think they demand payment in part ?
it is rather the point.

Perhaps you would open the link, you may actually learn something ?

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Great minds you think, or fools never vary

Not really-TT was just the middleman. The theory behind the thread originated from CIVEA

I'd say "sheep think alike" is more appropriate.

Still you know best eh? don't let me keep you from promoting CIVEA's skewed opinions though

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Cant believe this argument is still rumbling on and there are peole who do not understand the situation.

Further reading and information here http://www.consumeractiongroup.co.uk...s-this-a-TRICK

Basically as far as the bailiff(I prefer the word bailiff) is concerned the fee and the amount due under the order are the same thing they will keep pestering you until the amount due is paid, they have full support in the legislature so to do.

Milo (TT) is the one to seek for anything bailiff related if you want reliable advise, she is eminently qualified and has an implacable history of giving reliable and honest advice over many years

(Plodder and Wombats arn't to bad either)

\section 58 actually says

58(1)This paragraph applies where the debtor pays the amount outstanding in full—


Amount outstanding is detailed in section 50 as" proceeds"

50(1)Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding.

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

\\\\\costs aare detaied in section 62 as

62(1)Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.
(2)The regulations may provide for recovery to be out of proceeds or otherwise.
(3)The amount recoverable under the regulations in any case is to be determined by or under the regulations.
(4)The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court.
(5)“Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.

No magic get out of jail card there unfortunately

If you're going to start quoting legislation, please try to afford us the courtesy of actually reading it properly first.

58 actually applies to cases where the bailiff (I also prefer bailiff) has taken control of goods-In that circumstance, the "magicians choice is no good to man nor beast

I haven't bothered opening any of the links to CAG but I assume the "magicians choice" refers to paying the creditor direct. IF no goods have been taken control of and the creditor is paid directly, then there are no proceeds of enforcement to share out.

Simples.

[Amethyst]

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Great minds or Fools .... I think you're all just bananas but wouldn't do without you.

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

You may be a great mind - I'm definitely a fool!

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Yep, and purely by chance you used EXACTLY the same link to CAG as I did in post 7 to explain it!

Great minds you think, or fools never vary

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Cant believe this argument is still rumbling on and there are peole who do not understand the situation.

Further reading and information here http://www.consumeractiongroup.co.uk...s-this-a-TRICK



No magic get out of jail card there unfortunately

Thank you Andy58!

Yep, and purely by chance you used EXACTLY the same link to CAG as I did in post 7 to explain it! (I linked to the search results and suggested looking at any of the top 3 results which take you to the same link as you've just provided)

Why do I get to take all the flack, then someone comes along, posts exactly what I've posted and gets thanked? Crazy. Sorry, but I stated the case in posts 5 and 7 then started getting abused for some reason.

Re: Council tax arrears paid in full Bailiff fees outstanding... please help

Cant believe this argument is still rumbling on and there are peole who do not understand the situation.

Further reading and information here http://www.consumeractiongroup.co.uk...s-this-a-TRICK

Basically as far as the bailiff(I prefer the word bailiff) is concerned the fee and the amount due under the order are the same thing they will keep pestering you until the amount due is paid, they have full support in the legislature so to do.

Milo (TT) is the one to seek for anything bailiff related if you want reliable advise, she is eminently qualified and has an implacable history of giving reliable and honest advice over many years

(Plodder and Wombats arn't to bad either)

\section 58 actually says

58(1)This paragraph applies where the debtor pays the amount outstanding in full—


Amount outstanding is detailed in section 50 as" proceeds"

50(1)Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding.

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

\\\\\costs aare detaied in section 62 as

62(1)Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.
(2)The regulations may provide for recovery to be out of proceeds or otherwise.
(3)The amount recoverable under the regulations in any case is to be determined by or under the regulations.
(4)The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court.
(5)“Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.

No magic get out of jail card there unfortunately