Bailiff Charges Query

[stevem]

Hi all.

I have been charged a first visit fee and a levy fee for the same day. My local council tax has told me this is ok, no legislation or regulations to stop the bailiffs making and charging a second visit on the same day.

I have seen Amy reply to a post on here that they cannot do that.

Can Amy or anyone else advise on this point as to why they can't.

Would love to tell the Council they are wrong!!

Thanks, Steve.

[Amy]

Re: Bailiff Charges Query

Your council is completely wrong.

In order for two visit fees to be charged, two separate visits (each on separate dates) must be made.

How can they possibly argue that it is correct that only one actual visit has been made yet two visit charges have been applied for the same date? This defies all logic.

Also, the purpose of a first visit by a bailiff is to collect money, either in part or in full, towards an oustanding debt - it is not (or should not be) to levy on goods.

[stevem]

Re: Bailiff Charges Query

Hi Amy. Thanks for the quick reply.
Can you tell me if there are any rules or regulations, legislation etc. I can quote to back this up to them?

Cheers, Steve.

[Amy]

Re: Bailiff Charges Query

Yes, have a look at the Council Tax (Administration and Enforcement) Regulations 1992 - Schedule 5.

https://www.bsclientweb.co.uk/secure...%20and%205.pdf

[stevem]

Re: Bailiff Charges Query

Thanks for the advice and link Amy.

Looked thru the regs and although the bailiff cannot charge both a first visit fee and levy fee on the same visit I can't find anything that stops him visiting twice in 1 day and charging for both times. Checked the National Standards as well and nothing there either.

Any where else you or anyone else can suggest I look?

I want to be accurate as I'm responding to a letter I received after I made a Formal Complaint to the council.

Thanks again, Steve

[Judge mental]

Re: Bailiff Charges Query

Hi Steve.

If they had made 2 visits, you should have had 2 seperate letters posted through your door. They should also have left details of the amount they were asking for and a copy of schedule 5 (charges)

You can write to the bailiffs and ask for a screenshot of the account, this will show details of the visits, who, when, where etc. From that you will be able to establish if two seperate visits were actually made.

If there was only 1 visit, you can walk into the council offices with your copy of the screenshot and show they are applying fraudulent charges.

If there were 2 vists, and they imposed a levy fee on the second visit, the levy fee should not exceed what the could have charged if a levy had been made i.e.
where the sum of the levy does not exceed £100 - charge £24.50
where exceeds £100 - £24.50 for 1st £100, 4% on the next £400 and 2.5% on the next £1500



Regards

Stuart

[Amy]

Re: Bailiff Charges Query

Looked thru the regs and although the bailiff cannot charge both a first visit fee and levy fee on the same visit I can't find anything that stops him visiting twice in 1 day and charging for both times. Checked the National Standards as well and nothing there either.

He can do this, but they would need to be separate visits and this is very unlikely to happen because of the amount of people the bailiff has to make money out of by saying he has visited.

As it says in the bailiff guide, bailiffs lie - it's their job, they make a (very good) living out of it. So because something is not expressly detailed as not allowed in Schedule 5 it does not automatically mean that it is allowed.

Therefore, if the charges are not mentioned on Schedule 5 - they are not allowed.

[stevem]

Re: Bailiff Charges Query

Thanks for the replies Stuart and Amy.

Bailiffs have refused to give me a screenshot of my account on the grounds that they contain information from third parties who may not want their involvement disclosed and hve had an opinion to support this approach.

Not really sure if this actually means anything or can be classed as third party disclosure??

As for the names of "enforcement officers" who may have visited my property, it is the view of the bailiffs that the disclosure of these names has resulted in court action by aggrieved persons and orders made for significant costs when found in favour of the enforcement officers!!

Basically by not giving me the names I can't go to court and then end up paying massive costs when I lose!!

Kind of them, eh!

My local Head of Revenues who dealt with my complaintis of the view that the bailiffs have acted within the regulations and reasonably...

Don't know if worth Chief Exec reviewing complaint or going to LGO?

Any advice??

[Amy]

Re: Bailiff Charges Query

If you want your data then send a Subject Access Request, they cannot ignore a formal request for data when it is accompanied with the statutory maximum fee Bailiff - SAR - Legal Beagles Consumer Forum

[stevem]

Re: Bailiff Charges Query

Thanks Amy, will do.

Forgot to say as well, doubting the validity of the levy made on my vehicle as cannot read the signature on Walking Possession and only 3 bailiffs (one a woman), for this Swansea company on Bailiff Register, none of which were the "enforcement officer" (young man) who signed the WPO.

I guess this might explain the reluctance to provide his name!

Thanks again, Steve.

[Amy]

Re: Bailiff Charges Query

You should also have a read of the National Standards for Enforcement Agents Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

Among other things it states the following:-

Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.