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draft letter to council CEO re bailiff fees

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  • #1

    draft letter to council CEO re bailiff fees

    Below is a draft of a letter i plan to send to my councils leader..could i please get some feedback on its content, please feel free to comment if you think it can be improved and who else should i send it to?..should i send a copy to the bailiff company as well?



    Mrs xxxxxxx
    Chief Executive
    xxxxxxxxx District Council

    24/12/2011

    Dear Mrs xxxxx

    Council Tax Office Reference: xxxxxxxxxx

    I write to you in regards to some issues that I would like to raise as official complaints regarding charges made to me by your appointed Bailiffs, Swift Credit Company
    I have provided a breakdown of charges and the issues I have with them below

    There are 3 Matters from 3 different liabilities

    MATTER 1

    ISSUED 23/3/11
    30/6/09 Arrears 403.65
    30/3/11 1st 24.50
    18/4/11 2nd 18.00
    4/5/11 LEVY 37.00
    4/5/11 WP 12.00
    7/10/11 AVR 125.00 ?
    7/10/11 Payment 644.15
    12/10 N/ Sale 24.50 ?

    MATTER 2
    ISSUED 23/3/11
    29/11/10 Arrears 858.20
    30/3/11 1st 24.50 ?
    18/4/11 2nd 18.00 ?
    4/5/11 AVR 125.00 ?
    4/5/11 LEVY 50.00 ?
    4/5 11 WP 12.00 ?


    MATTER 3
    ISSUED 18/8/11
    4/7/11 Arrears 158.56
    7/10/11 1st 24.50 ?
    13/10/11 2nd 18.00 ?


    I have put question marks next to the charges i have issue with....

    a) The vehicle present at both AVRs was his regular vehicle, not a van or other specific vehicle to be used for removal of large household items and the AVR charge on Matter 2 was issued at the same time as the WPA... this is not allowed.

    b) The No Sale charge on Matter 1 was not chargeable because no goods where removed

    c) All the charges on Matter 2 where made on the same day as Matter 1..Bailiffs are not allowed to charge two sets of fees if both liabilities are attended on the same day.

    d) Charges for Matter 3 i know nothing about, I am unaware of any visits regarding this matter I was not informed or provided with any documentation that a 1st or 2nd visit had taken place. This is against statutory regulations.

    e) Also in my opinion in both Matters he has not seized goods of sufficient value and I believe he only made a Levy in order to gain a financial advantage for himself & his company

    I feel that this is an unfair and unjust action by the Councils appointed Bailffs and will be seeking further legal advice on this issue.
    My financial situation is pretty dire that is one of the reasons I had problems paying my taxes, this profiteering company is just making my position even worse to make financial gain for themselves.

    Madam, I respectfully request that you personally view my case and if you feel that the charges where unjust, could you please instruct the above mentioned company to withdraw charges immediately and send me a new statement.
    I do understand that I am at fault for not paying my taxes in the first place, but there are real reasons why that was the case. I now want to repay my debt and move forward without making the same mistakes.

    I thank you in advance for your assistance in this matter and for taking the time to read my concerns.


    Yours Faithfully
    Tags: None
    • 2 likes
  • #2
    Re: draft letter to council CEO re bailiff fees

    Hi Gooner,

    Happy Christmas!

    From personal experience, I would not send this yet. I would send a first letter to the council's Head of Revenues. There is a reason for this.

    If you send the letter to the Head of Revenues with a full breakdown of the fees, questioning the unlawful ones politely, with a VERY simple explanation and asking for his support in reclaiming these fees from the bailiffs, you are 95% guaranteed to get a reply from the Head of Revenues supporting the bailiffs and their charges.

    Effectively you are digging the hole for the council to jump into. The Head of Revenues is likely to support the bailiff charges because that is what they are told to do - back their appointed enforcement agents.

    Once you have it in writing from the Head of Revenues he is supporting unlawful actions, THEN write to the CEO. Now you have some powerful ammunition along with the unlawful fees - you have the most senior person responsible for the council's vicarious liability, short of the CEO himself condoning illegal activities - effectively theft.

    If you now write to the CEO apologising for having to write to him, and pointing out you've already written to the Head of Revenues. Point out that his Head of Revenues clearly does not have a sound understanding of the law regarding bailiff's fees, and that because of this and the council's vicarious liability for their appointed enforcement officers, he is laying the council open to serious litigation.

    Obviously you don't want to take legal action, but given the position you have been placed in by the Head of Revenues, you have little choice but to pursue this. You are, however, willing to accept a full refund of the unlawful fees, along with a suitable goodwill compensation for the distress this has caused you and your family.

    Then go on to outline the fees, pointing out in detail why they are unlawful. At the end show a clear breakdown of unlawful charges and the total. Make sure you add to these anything that caused you distress, any failures by the bailiffs to show identification, respond to a breakdown of fees, outline possible future charges if you ignore notes posted through your door etc...

    Now ask for the full refund, suitable goodwill gesture of compensation and an assurance that he will raise the issue with bailiffs to stop this happening to anyone else.

    Separately to this, you can register complaints to the 'professional' association(s) with which the bailiffs are registered:

    Bailiffs and High Court Enforcement Officers - Legal Beagles Consumer Forum

    Google ACEA, CIVEA or both, click the complaints tab on their websites and you're away.

    By taking this line, firstly you totally undermine the Head of Revenues who may then think twice about doing the same again . You also come across as more than reasonable, "I don't want to sue your ass off, but sadly I have no choice..... because of your nasty Head of Revenues...." You are calm, rational, helpful, but still make your threats quite clearly and ask for compensation.

    I realise this means writing a whole new letter if you choose to do it this way, but in my experience, it works well.

    Comment

    • #3
      Re: draft letter to council CEO re bailiff fees

      What Labman suggests has just worked very well for me. I had my 'issues' logged as a complaint and investigated and I now pay the council every week instead of dealing with the bailiffs.

      I dealt with someone lower at the council and they did mess me around a bit, not answering letters etc, however on a couple I did put 'I am drafting a letter to the CEO of the council regarding these matters as they do not seem to be getting resolved' and bingo, had my answers and 'issues' sorted within 48 hours after 3 weeks of them fobbing me off and dragging their heels.
      • 4 likes

      Comment

      • #4
        Re: draft letter to council CEO re bailiff fees

        Thanks for your advice guys ..much appreciated.

        I have sent first letter to Head of Revenues...will keep you posted.

        This is the final draft below it maybe of use to some others. Cheers

        Mrs xxxxxx
        Head of Revenues
        xxxxxxx District Council

        28/12/2011

        Dear Mrs xxxxx
        Council Tax Office Reference: xxxxxxx

        I write to you in regards to some issues that I would like to raise as official complaints regarding charges made to me by your appointed Bailiffs, Swift Credit Company
        I have provided a breakdown of charges and the issues I have with them below
        There are 3 Matters from 3 different liabilities
        MATTER 1

        ISSUED 23/3/11
        30/6/09 Arrears 403.65
        30/3/11 1st 24.50
        18/4/11 2nd 18.00
        4/5/11 LEVY 37.00
        4/5/11 WP 12.00
        7/10/11 AVR 125.00 ? (a)
        7/10/11 Payment 644.15
        12/10 N/ Sale 24.50 ? (b)
        Estimated auction value of my goods levied £100 max (e)

        MATTER 2
        ISSUED 23/3/11
        29/11/10 Arrears 858.20
        30/3/11 1st 24.50 ? (c)
        18/4/11 2nd 18.00 ? (c)
        4/5/11 AVR 125.00 ? (a)(c)
        4/5/11 LEVY 50.00 ? (c)
        4/5 11 WP 12.00 ? (c)
        Estimated auction value of my goods levied £300 max (e)


        MATTER 3
        ISSUED 18/8/11
        4/7/11 Arrears 158.56
        7/10/11 1st 24.50 ? (d)
        13/10/11 2nd 18.00 ? (d)


        I have put question marks next to the charges i have issue with....

        a) The vehicle present at both AVRs was his regular vehicle, not a van or other specific vehicle to be used for removal of large household items and the AVR charge was issued at the same time as the WPA... this is not allowed.

        b) The No Sale charge on Matter 1 was not chargeable because no goods where removed

        c) All the charges on Matter 2 where made on the same day as Matter 1..Bailiffs are not allowed to charge two sets of fees if both liabilities are attended on the same day.

        d) Charges for Matter 3 i know nothing about, I am unaware of any visits regarding this matter I was not informed or provided with any documentation that a 1st or 2nd visit had taken place. This is against statutory regulations.
        e) Also in my opinion in both Matters he has not seized goods of sufficient value and I believe he only made a Levy in order to gain a financial advantage for himself & his company

        I feel that this is an unfair and unjust action by the Councils appointed Bailffs and will be seeking further legal advice on this issue.
        My financial situation is pretty dire that is one of the reasons I had problems paying my taxes, this profiteering company is just making my position even worse to make financial gain for themselves.

        Madam, I respectfully request that you personally view my case and if you feel that the charges where unjust, could you please instruct the above mentioned company to withdraw charges immediately and send me a new statement.
        I do understand that I am at fault for not paying my taxes in the first place, but there are real reasons why that was the case. I now want to repay my debt and move forward without making the same mistakes.

        I thank you in advance for your assistance in this matter and for taking the time to read my concerns.


        Yours sincerely
        • 3 likes

        Comment

        • #5
          Re: draft letter to council CEO re bailiff fees

          Why did you let the bugger into your residence at all?

          I note that, on the second levy, a dining table has been included. How many dining tables do you have?

          If you only have the one, the inclusion of the dining table on the second WPA may make that levy improper, as household furniture for basic domestic needs is expressly excluded by an amendment to the Council Tax (Administration and Enforcement) Regulations 1992 - see attached file
          Attached Files

          Comment

          • #6
            Re: draft letter to council CEO re bailiff fees

            Originally posted by CleverClogs View Post
            Why did you let the bugger into your residence at all?

            I note that, on the second levy, a dining table has been included. How many dining tables do you have?

            If you only have the one, the inclusion of the dining table on the second WPA may make that levy improper, as household furniture for basic domestic needs is expressly excluded by an amendment to the Council Tax (Administration and Enforcement) Regulations 1992 - see attached file
            He had clamped my car....and refused to release it unless i let him in, if i didnt he said it was going to be towed, and sold at auction. He said funds raised would be used to pay his fees and i would still have the debt and no car!...

            Only one dining table and the one sofa is all that i had to sit on as well..does that count as a basic domestic need?
            • 1 thank

            Comment

            • #7
              Re: draft letter to council CEO re bailiff fees

              Yep!

              Comment

              • #8
                Re: draft letter to council CEO re bailiff fees

                Thought so : )...shame i didnt include that in the letter too...im sure im gonna have to put pen to paper again so will make sure it includes these facts as well.

                Someone needs to start a petition to government to change the laws...the same way that anybody arrested has the right to have a lawyer present, anyone attended by a bailiff should have the right to have a third party experienced in these matters present to ensure that matters are dealt with correctly...... these thieving b£$%"%rds have been getting away with ripping people off for way too long!!!
                • 4 likes

                Comment

                • #9
                  Re: draft letter to council CEO re bailiff fees

                  Originally posted by gooner1 View Post
                  He had clamped my car....and refused to release it unless i let him in, if i didnt he said it was going to be towed, and sold at auction. He said funds raised would be used to pay his fees and i would still have the debt and no car!...

                  Only one dining table and the one sofa is all that i had to sit on as well..does that count as a basic domestic need?
                  If that is what you were told he should be shot! A bailiff should only carry out a levy if it will cover the debt in question. If it doesn't, no levy should have taken place.

                  Comment

                  • #10
                    Re: draft letter to council CEO re bailiff fees

                    Ok..its been 2 weeks now since i sent the letter to Head Of Revenues and have had no reply..any advice on how best to proceed?..should i call and speak with her secretary or just write another letter?
                    • 1 thank

                    Comment

                    • #11
                      Re: draft letter to council CEO re bailiff fees

                      Follow up your letter with an email or phone call to chase a response. If this yields nothing within at most 7 days, go to the Chief Executive AND your Councillor.

                      Draft your next letter here and we'll help shape it.

                      :beagle:
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                      Comment

                      • #12
                        Re: draft letter to council CEO re bailiff fees

                        Thankyou...email sent.
                        • 1 thank

                        Comment

                        • #13
                          Re: draft letter to council CEO re bailiff fees

                          So received a reply to my email i sent last night, its the standard reply which i was expecting..they sent me the schedule of charges that could be made against me, and have obviously not addressed the issues i have raised directly...i have copied thier response below.

                          I will draft a reply to them and post for your suggestions..


                          Dear Mr

                          I have been passed your email regarding the bailiff charges.

                          I understand you have been sent statements by Swift Credit Services the Council’s bailiffs direct on 07/12/2011 detailing the charges related to each liability order and any payments. Therefore there is no point me sending you Swifts statement again.

                          However, for your information I have attached a copy of the Charges connected with Distress notes which we send out after obtaining a liability order to advise you of the charges that may be incurred if the matter goes to the bailiffs for collection. You can see fro the schedule that some costs are set amounts, some are calculations and some are reasonable costs and fees incurred

                          I trust that explains the position. Should you have any further queries please contact me on the phone number below.

                          Regards
                          • 1 thank

                          Comment

                          • #14
                            Re: draft letter to council CEO re bailiff fees

                            Ok have just put this together quick..any comments or suggestions gratefully accepted


                            Mr Y

                            Thank you for your fast reply.

                            Can i firstly ask if you have seen the letter that i originally sent to Mrs X dated the 28/12 2011 ?

                            If not i have attached it for your perusal

                            After reading it you will be well aware that the queries i have risen are specific to the way in which the assigned bailiff carried at his duties in relation to the fees charged to me, and not questions regarding the amounts of fees he is allowed to charge.

                            I would be very grateful if you could please address the specific issues regarding my complaint.

                            In the mean time i will continue to make the agreed payments i.e. £75/month directly to the council...when the matter has been dealt with to my satisfaction i will be happy to revert my payments back to Swift.

                            Thankyou for your kind attention.
                            • 1 thank

                            Comment

                            • #15
                              Re: draft letter to council CEO re bailiff fees

                              That letter in the OP is far too long. The last thing a postroom civil servant wants to read is an essay.


                              Council tax Enforcements
                              [NAME OF] Council
                              [ADDRESS & POSTCODE]

                              [DATE]

                              Dear sir.

                              FORMAL COMPLAINT

                              I make this formal complaint because I received bailiff from you on [DATE] collecting unpaid council tax of [AMOUNT].

                              The bailiff over-charged with his fees that are not compliant with enforcement regulations.

                              To resolve this complaint:
                              • Return the case to council administration when I will make installments that I can afford being £75 a month.
                              • The council makes the necessary investigation why I was over-charged.

                              If you are unable, or unwilling to resolve this complaint, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene.

                              Yours Sincerely.


                              [NAME]
                              Enc. Bailiffs document.
                              • 1 thank

                              Comment

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