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Can I reclaim any extortionate fees here?

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  • Can I reclaim any extortionate fees here?

    Hello folks,

    Seems you guys really know your stuff on here - glad I found this place. I'll try and be as detailed as I can here in the hope that maybe one or two of you can give some sage advice.

    Right, the day before yesterday I had 2 bailiffs from Rossendales Ltd, for unpaid council tax from the last property I lived at.. The outstanding amount was £205.86, plus £60 late charge. The reason I didn't pay up was due to moving and I forgot all about it, so that is my bad there admittedly. I've been out of work and with no income for the last 6 months (I tried to claim benefits but they goofed that up so bad, so I gave up in the end)

    The total they made me pay was £576.86 - that's £315 more than the original balance.

    The last letter I recieved from Manchester city Council is dated 23rd Jan 2009, which does state I had 14 days in which to pay otherwise goons in black jackets would be sent over to take what little I have.

    Now, my housemate let the bailiffs in, in his typically moronic fashion of non-thinking, he called me downstairs and the 2 goons were in the hallway.

    This was the first visit they had made, and I have received no letters from rossendale ltd informing me of the monies owed and what additional charges I may incur.

    They informed me where they were from and what they were doing here, so I asked to see their warrant which they showed me, which said it was from Manchester Magistrates Court, in print. There were no signatures from any judges or anthing (do warrants even need that?) and I got to see one of the goon's ID's, and took his name down. Didn't get the other guy's name.

    The 2 goons proceeded to walk around the house, so I ran upstairs and locked my room, went back down and they were looking at taking my housemates DJ equipment, and also my band's equipment, of which only the drumkit belongs to me. I include this information as I am of the understanding that they can only take property belonging to the debtee (is that right?)

    I asked them if I could arrange a payment plan to avoid having posessions taken, to which they said it was not possible, and they needed to be paid in full that night. They also admitted to my housemate that they were only trying to scare me into paying up in full.

    When they were round I was pretty panicked and ended up ringing my old man, and he bailed me out by paying on credit card, which I will pay him back for.

    All I have been left with is a little slip of paper as a receipt. No breakdown of what the money is for, just a reference number and how much was paid.

    I think I've covered everything there - if not please do ask for more info.

    My query is; can I seek reimbursement of the extra charges (£315) as I cannot believe they are representative of any costs incurred nor apportioned to the original sum owed.

    Have these bailiffs complied with the regulations, telling me there could be no payment plan option, and also threatening to tae property that isn't mine, and also telling my housemate they were just trying to scare me into paying there and then?

    Many thanks in advance, look forward to reading any answers or advice you may have.

    Regards,

    Andrew

  • #2
    Re: Can I reclaim any extortionate fees here?

    Hello Andrew,

    The first thing to do would be to send the bailiff a Subject Access Request - link in this thread http://www.legalbeagles.info/forums/...ad.php?t=14113 to find out the breakdown of their costs.

    As you also have one of the bailiff's names, it might also be wise to check and see if he is certificated (info also in that thread on how to do this). They must be certificated in order to collect council tax.

    Comment


    • #3
      Re: Can I reclaim any extortionate fees here?

      Hi Amy,

      Thanks for your reply, I'll go read the link you provided and check out the guy's certification right now.

      Cheers!

      Comment


      • #4
        Re: Can I reclaim any extortionate fees here?

        You're welcome.

        Any more questions, just ask away.

        Comment


        • #5
          Re: Can I reclaim any extortionate fees here?

          Righto I've left a message with the Ministry Of Justice asking to be called back about the Bailiff's certification - will post back when I've spoken to them, guess the guy is out to lunch or something.

          Also, I didn't get the name of the other goon, could I acquire this through Rossendales? Will they be likely to supply that information so I can check his certification too?

          And also, I did offer to make a partial payment on the evening, which was refused - just demanded payment in full. Would partial payment and a payment agreement be an option for me - ie; were they lying to me about being obligated to pay in full there and then?

          Comment


          • #6
            Re: Can I reclaim any extortionate fees here?

            How much did your father pay on his credit card and did the total sum that he paid include a "card processing fee" or similar?

            Comment


            • #7
              Re: Can I reclaim any extortionate fees here?

              Originally posted by Cetelco View Post
              How much did your father pay on his credit card and did the total sum that he paid include a "card processing fee" or similar?
              Hi Cetelco,

              My old man paid the full amount (£576.86) PLUS a charge of 80 pence for the card processing fee - so no the fee was not included.

              Comment


              • #8
                Re: Can I reclaim any extortionate fees here?

                In that case you may be able to recover all the money that was paid by requesting a chargeback - which is something your father will have to do, since it was his card.

                In short, section 10 of the Distress for Rent Rules 1988 states that "No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules." Card processing fees are not permitted as they are not authorised charges.

                Your father will need to contact his card issuer and request a chargeback form in order to pursue this. He will need to complete the form with details of why he is requesting a chargeback.

                Essentially he will be making a claim that the merchant (in this case the bailiff) has defrauded you. The fees a bailiff can charge are prescribed in law and charging a non-prescribed fee - such as a card fee - is fraud.

                Comment


                • #9
                  Re: Can I reclaim any extortionate fees here?

                  Right - very interesting - I've emailed the link to this thread to my old man to read over.. Should he proceed with a chargeback, where would that leave the situation with the City Council and Rossendales? Thanks again

                  Comment


                  • #10
                    Re: Can I reclaim any extortionate fees here?

                    The original debt will still stand and the council may choose to pursue you for it. However, since it was less than half what you have been charged, if you do have to pay it, at least it is not as much as you have been charged currently and you are not lining the pockets of the dishonest bailiffs.

                    Comment

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