Can I re-claim a levy fee?

[clezabell]

Hi all, I'll try and keep this as short as possible.

The Bailiffs called on the 9th of November for an unapid council tax bill. They gave us an extra 2 weeks to get the money as me and my husband are both students (with the help of the CAB). The "nice" bailiff put a levy charge on a car that was not ours. Today he called back to collect the money and I challanged the levy fee. I proved that the car was not ours so he wavied that levy fee and immediatley put another levy fee on my wedding ring, even though I was paying the debt off in FULL there and then (minus the levy fee). I argued that he couldn't do this and he was quite rude and said that by law he has every right to do this and that by law he HAS to charge a levy fee. I called him a liar and I'm not ashamed to admit that I got quite annoyed and did get quite personal (he wound me up so much that I told him that his grandchildren must really dislike him :tinysmile_aha_t: I then apologised for going below the belt, he just walked off shaking his head). I said that I would be complaining and that I would be challeging the levy fee that he smacked on me today.

I don't want to start the ball rolling if he has every right to switch the levy fee. He did go back to his van and right a new notice of distress and hand it too me with the ring on it but I haven't signed it or anything. The fee is only £28.00 BUT being a student £28.00 is alot of money.

Thanky you in advance (and please don't flame me for being rude to him)

Claire xx

[TUTTSI]

Re: Can I re-claim a levy fee?

Hi Claire

have a read of our bailiffs guide to see if you question is answered here. http://www.legalbeagles.info/forums/...ad.php?t=14113

I will also try and get someone with more experience with bailiff issues to come and advise you.

Tuttsi

[clezabell]

Re: Can I re-claim a levy fee?

Thank you Tuttsi, I have had a read of the link and can't see anything regarding this matter (unless I'm blinded by my fury on the matter). I look forward to reading the replies.

I just don't understand how something can be levied if I was going to pay the pay off in full?

[Guest]

Re: Can I re-claim a levy fee?

You are completely correct; the levy should not have been made.

Bailiffs do not make much money out of the statutory fees that they are allowed to charge and therefore they lie, cheat and steal their way to charging as much as they can get away with.

At the foot of the page in the link that Tuttsi has provided for you above is a link to a PDF document with which you can make a complaint against the bailiff. There is no legal requirement to charge a levy fee. The bailiff lied to you and as a result you should make a complaint.

Finally, as for your treatment of the bailiff, at best he lied to you and at worst he may have committed the criminal offence of fraud. This would be covered by the Fraud Act 2006, s.2: Fraud by false representation.

The elements of the offence are that the bailiff makes a false representation, dishonestly, knowing that the representation was or might be untrue or misleading, with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

The offence is entirely offender focused. It is complete as soon as the bailiff makes a false representation, provided that it is made with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is cognisant of the representation, deceived or any property actually gained or lost.

Once again, file a Form 4 complaint and maybe he will get to spend more time with his grandchildren since he will no longer be able to operate as a bailiff and who knows, they may even grow to like him after all.

[Amy]

Re: Can I re-claim a levy fee?

He is lying and the levy is invalid. A levy is an agreement between the debtor and the bailiff. The bailiff must have previously gained peaceful entry to the property and a walking possession should have been signed by both.

Therefore, the bailiff cannot simply change the goods listed on a walking possession.

[clezabell]

Re: Can I re-claim a levy fee?

Thank you guys for all that information.

I do actually feel really awful for making such a personal attack on him. I WILL be making a complaint against him and did not think he would be able to make a levy charge on the ring.

I see the footnote now, thankyou. I will look through this tomorrow in greater detail and if I have anymore questions I shall call back.

Thank you once again.

Claire xx

[WendyB]

Re: Can I re-claim a levy fee?

Don't feel bad about what you said to him, he's proably heard, and deserved, much worse. Goes with the territory. What's more, he may not have any grandchildren to like or dislike him anyway, so I wouldn't worry about it.It was hardly a personal attack, more of an observation, really, like voicing your thoughts out loud. An attack would be more like hitting him over the head with a housebrick, which, whilst very tempting, is probably not to be recommended lol. Fill in the Form 4 as advised above and make the complaint about him.

Did you actually pay the debt to him? If he comes back, don't let him in and don't believe a word he says. Just remember that if his lips are moving, then he's lying.

[clezabell]

Re: Can I re-claim a levy fee?

LOL Wendy! Thanks for that. Yes I did pay the debt to him. I'll be filling in the form. it's taken me ages to reply as I've had trouble with my internet.

Thank you for all your advice xx