Another bailiff discussion thread.

[doubleslap2]

Re: Another bailiff discussion thread.

I thought that a bailiff was self employed - if he doesn't actually do the work (ie collect the debt or sell goods to cover the debt) then he doesn't get paid. You wouldn't pay a plumber for simply knocking on your door.

[Amethyst]

Re: Another bailiff discussion thread.

Some are self employed, some are salaried with commission.

[doubleslap2]

Re: Another bailiff discussion thread.

Yeh, I get that - aren't court bailiffs salaried? What I'm saying is that beyond a usual salary for those who are salaried, unless 'proceeds' are collected, then the bailiff cannot get his fees - meaning the self employed bailiff gets nothing.

[Crazy council]

Re: Another bailiff discussion thread.

I think what people don't account for when they consider bailiffs costs, and them only being payable if they collect. Some of them charges are about the costs of the office and paperwork that goes on prior to the bailiff knocking.

I do not support baillifs charges in any way when its in relation to council tax, its just to clear up that the bailiff firms costs start upon being passed the debit to the office.

Some councils would pay the baillifs for the accounts that they went to that ended up being withdrawn due to council mistakes.

[doubleslap2]

Re: Another bailiff discussion thread.

It seems that bailiff companies (private companies) have been given a guaranteed income. I wonder if the government will give my own sole trader business the same consideration.

[Guest]

Re: Another bailiff discussion thread.

Seems to me that the gist of the thread has somehow slipped away into obscurity......
I sort of got lost when reading all the little back-biting comments.
Better than watching Emerdale I suppose.
I cannot see how a bailiff can expect to collect a fee unless, and until he completes the action.
For example.
Enforcement carries a charge of £235.00.
From start to finish, the Bailiff has to collect money due, agree to a payment plan, enter into a controlled goods agreement with the debtor, or take control of goods.
If he does not complete any of these things, then he has not completed Enforcement.
So he cannot lawfully charge for something that he hasn't carried out, or that hasn't actually happened.
Well he can charge, but whether he can lawfully collect ? I certainly wouldn't pay him...
And ladies and gentlemen, for the sake of us who are not so knowledgeable, when entering a string of letters, for example NOROIROA, could you please give an explanation....lol

The regulations are quite clear the fees are due on the commencement of the enforcement stage, not its completion.

[Guest]

Re: Another bailiff discussion thread.

Recovery of fees for enforcement-related services from the debtor

http://www.legislation.gov.uk/uksi/2014/1/made

4. (1) — The enforcement agent may recover from the debtor the fees indicated in the Schedule in accordance with this regulation and regulations 11, 12, 13, 16 and 17, by reference to the stage, or stages, of enforcement for which enforcement-related services have been supplied.(2) The fees referred to in paragraph (1) may be recovered out of proceeds.(3) The enforcement agent may recover under this regulation the whole fee provided in the Schedule for a stage where the amount outstanding is paid after the commencement, but before the completion, of that stage

[doubleslap2]

Re: Another bailiff discussion thread.

There's surely a difference between 'may recover' and actually forcing you to pay. As I read that paragraph, I interpret it to say that the bailiff can legally charge his fees, then legally recover them from any proceeds he gathers. It doesn't say that he can force you to pay them.

A plumber has every right to charge you a fee, but if you don't pay him what's he going to do? There's only one legal option - go to court.

[Guest]

Re: Another bailiff discussion thread.

There's surely a difference between 'may recover' and actually forcing you to pay. As I read that paragraph, I interpret it to say that the bailiff can legally charge his fees, then legally recover them from any proceeds he gathers. It doesn't say that he can force you to pay them.

A plumber has every right to charge you a fee, but if you don't pay him what's he going to do? There's only one legal option - go to court.

No your right they just include it the regulation as guide in case the debtor decides he wants to pay In fact all the fees are optional.

[doubleslap2]

Re: Another bailiff discussion thread.

I find it hard to believe that Parliament would guarantee a private company, especially a bailiff company, a guaranteed income stream. I thought the new regulations were to ensure that bailiff's stopped their excessive adding of incoherent fees, not to guarantee that they would actually receive them. Legally charge them, yes, but what if a debtor doesn't pay. Who pays the bailiff then?

[Guest]

Re: Another bailiff discussion thread.

I find it hard to believe that parliament would permit the passing of legislation that said what it did not mean. Legislation is by its nature enforceable, otherwise it would be a guideline or something else.

[doubleslap2]

Re: Another bailiff discussion thread.

I find it hard to believe that parliament would permit the passing of legislation that said what it did not mean.

Are you joking? We are talking politicians here! Never one to make a pigs ear of anything are they?

So you are saying that if a bailiff knocks on your door, demanding 310 quid, you must hand it over?

[Guest]

Re: Another bailiff discussion thread.

Are you joking? We are talking politicians here! Never one to make a pigs ear of anything are they?

So you are saying that if a bailiff knocks on your door, demanding 310 quid, you must hand it over?

If he is backed up by the legislation of course.

[doubleslap2]

Re: Another bailiff discussion thread.

Well perhaps you could direct me to the legislation that says you must pay the fees - not where it says the bailiff may charge his fees, but the part where the debtor must pay - perhaps even what would happen if he doesn't pay.

It's interesting to see that there are now cases where, after complaining, these fees are being waivered. Why are the bailiff's now starting to not pursue their 'legally enforceable' fees?

[Amethyst]

Re: Another bailiff discussion thread.

It's interesting to see that there are now cases where, after complaining, these fees are being waivered. Why are the bailiff's now starting to not pursue their 'legally enforceable' fees?

Could you detail/evidence these so it helps to see the circumstances under which fees are being waivered pls, links are fine.