Made bailiff payment under duress

[olaoni]

Hi,

I found this website abit too late, but I am posting just in case there is something that I can still do.

I owed Greenwich council, council tax. A payment plan was agreed which I made payments, unfortunately I missed three months payment. July, August and November 2009.

I am a software engineer with over 11 years industrial experience who was made redundant back in July 2008 and have been on Job seekers allowance ever since (Very stressful).

I am married (Wife is a student) and have three sons. My youngest son was delivered in June 2009, couped with the fact that we moved house in the same month. All this contributed to me missing these payment.

To cut a long story short. I recieved a letter from Whyte demanding the following:-

DEBT: £507.54
Cost: £24.50
If Paid Today: £532.04
Levy Fee: £41.00
TOTAL: £573.04

I happen to be a man who is not used to debt or have any issues with bailiff after 3 days of headache and anxiety I under duress called up Whyte & co to see if I can I arrange a payment plan, which I was abruptly told NO. I went on to explain, that I was out of work but I noticed that it was falling on deaf ears.

To avoid further increase I charged the whole balance to my credit card. The most annoying aspect about this payment is the fact that the company charged me an addition £22.00 (4%) because I paid by credit card.

At the moment I simply don't have the money. I am not even sure on how I can pay back the credit card company. I can't afford to buy my children christmas presents because of this.

My understanding of credit card is that it is funds you don't have, so to be charged more for money you don't have seem to me very unfair, especially when the person in question is unemployment.

I am hoping that there is some advise that can be given to reverse this payment or allow for installment plan to be made under direct debit.

Many thanks in advance.

Regards

Ola

[enaid]

Re: Made bailiff payment under duress

OK Ola first off let me welcome you to Beagles.
Unfortunately I am not the one who can help you with your particular problem. I am very sorry that this has happened to you and more so at this time of year, someone who can advise you will be along soon.
Enaid x

[Amy]

Re: Made bailiff payment under duress

Did the bailiff levy? You haven't said that they did, but they have charged you for it.

Is this a complete breakdown of everything they have charged you? There are no visit fees listed for instance.

[olaoni]

Re: Made bailiff payment under duress

Hi Amy,

Thanks for your quick response. Yes that is the whole break down. I made the payment in fear to avoid them adding any further silly charges.

17 years ago for 2 parking ticket that cost £40 I ended up paying over £270. That memory haunts me and will like to avoid it at all cost.

NB: Apologises for the late response. I have been away from the pc for most of the day.
------------------------------- merged -------------------------------
Hi enaid,

Just want to say thanks for the welcome message.

Regards

Ola Oni

[Amy]

Re: Made bailiff payment under duress

So you paid the sum of £532.04 as opposed to £573.04?

[olaoni]

Re: Made bailiff payment under duress

So you paid the sum of £532.04 as opposed to £573.04?

No I paid £595.96. That is the £573.04 + 4% commission
The letter sent was dated the 14th December 2009. I didn't get the letter till the 17th December. So I thought that "if pay today" was not applicable to me.


Regards

Ola Oni

[Amy]

Re: Made bailiff payment under duress

In that case this thread will make very interesting reading for you, particularly read from post #49 onwards and also follow the link contained within that post.

Sister-in-Laws parking ticket/Bailiff visit - Page 2 - Legal Beagles.

[olaoni]

Re: Made bailiff payment under duress

In that case this thread will make very interesting reading for you, particularly read from post #49 onwards and also follow the link contained within that post.

Sister-in-Laws parking ticket/Bailiff visit - Page 2 - Legal Beagles.

Hi Amy,

I read all the posts from #49 as advised, including their links. I am still not sure what exactly I can claim for.

Bearing in mind that I paid with a visa credit card and not a visa debit card.

The charges that stand out in my mind is
(1) The £22 (4% commission charged)
(2) Cost if paid today £24

The above entries were especially annoying because there was no way for me to have been in receipt of this letter on the date in which it was written 14th December 2009. How much more to pay for it. Taking into account the postal service delivery schedule. I received the letter on the 17th of December 2009 through normal post.

I also understand from one of the post that the commission charged is illegal so please kindly advise what I am entitled so I can chase them on these grounds.



Many thanks in advance.

Regards

Ola Oni

[Amy]

Re: Made bailiff payment under duress

If you have been charged any fees by a bailiff for paying with a debit or credit card, then these are non prescribed fees - providing, of course, that it was the bailiff company that charged you these fees as opposed to the credit card company who simply added them to your bill - then, you might be able to use the chargeback scheme.

When did you pay this? Have a read here non delivery - Legal Beagles of post #11 for a clear explanation of the Visa chargeback scheme.

The £24.50 will be for the first visit - did they make a visit?

They have also charged you a levy fee of £41, but they have not charged you for a second visit (£18). Did they levy on any of your goods?

[olaoni]

Re: Made bailiff payment under duress

Hi Amy,

When did you pay this?
My credit card online statement shows the transaction date entry as the 22nd of December 2009.

Have a read here non delivery - Legal Beagles of post #11 for a clear explanation of the Visa chargeback scheme
Yes I did, I also noted that some card issurers might play silly or ignorant

The £24.50 will be for the first visit - did they make a visit?
No they never paid me any visits.

Did they levy on any of your goods?
I don't understand this question.

Do I have a case regarding the item I raised in post #8 point (2).

I have attached a copy of the letter that I received from the bailifs. Hopefully to answer the commission question above. In the letter it states below that there is a £1 charge for debit card per transaction and a 4% charge for credit cards.

Regards

Ola Oni

[olaoni]

Re: Made bailiff payment under duress

Hi Amy,

I just had quick review of all the post I sent to the forum and I noticed an error in post #8 which should read
(2) If paid Today £532.04 and not Cost if paid today £24.

Secondly I noticed the entry named Cost: £24.50 seems to be the visit fee you mentioned in post #9 however I didn't get a visit.

Once again many thanks in advance.

Regards

Ola Oni

[Amethyst]

Re: Made bailiff payment under duress

Hi Olaoni, I've moderated your attachment of the letter as it still contained your name/addy etc - Amy can still see it though as shes a team member, and am sure she'll pop along tomorrow to give you a hand with things xxxx

Ame
xx

[olaoni]

Re: Made bailiff payment under duress

Hi Ame,

Thanks for the changes made to the letter and apologises for the extra work I caused you.

Regards

Ola Oni

[Amy]

Re: Made bailiff payment under duress

You need to request a chargeback form on the grounds of fraudulent transactions on your credit card.

You have been charged for paying with a credit card, which is most definitely not provided for in law when paying a bailiff for council tax and you have also been charged £41 for a levy that did not take place.

A levy is when a debtor and a bailiff come to an agreement to repay a debt; the debtor signs an agreement with the bailiff that the goods levied on now belong to the bailiff, but only if peaceful entry has been made first. The goods remain in the debtor's house as long as the agreed payments are kept to.

Have a look at this guide (yet another link I know!) for a fuller explanation Bailiff Guide - Legal Beagles

[olaoni]

Re: Made bailiff payment under duress

Hi Amy,

Words can not express how grateful I am for the support that you have given thus far. For years I have been intimidated by bailifs. But now I feel I am beginning to understand that these guys are not untouchable as they always claim to be.

I shall be calling my credit card company later on today and request for a charge back form. I understand that I don't have to disclose my reason for requesting this form should I wish not to.

Before I get carried away I thought I should confirm if the Levy fee and the visa card commission are the only entries that I should put on the chargeback form.

Secondly regarding making a complaint. Should I send for a Subject Access Request (SAR) letter with the maximum statutory fee of £10 as indicated in the section making a complaint in the link you sent.

Thirdly having read the Office of Fair Trading standard document oft664.pdf I cited the following breach by the bailif company in section 2.8:-
(g) failing to refer on to the creditor reasonable offers to pay by instalments
Up to date I have only made one phone call to Whyte and Co so I am hoping that there should be a record of the telephone conversation I had with their staff.
In my conversation I offered to pay by installments but the offer was declined irrespective of me trying to explain that I am currently unemployed.

Once again many thanks for your support.

Regards

Ola Oni