draft letter to council CEO re bailiff fees

**labman** · 17th January 2012, 19:17:PM

Re: draft letter to council CEO re bailiff fees

I'd strike a balance between the two. I like the straightforward approach of HC's letter, but personally I always take the view that even when being pretty direct one can always remain polite. I'd send something like this:

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

[DATE]

Dear Sir,

FORMAL COMPLAINT

Following an unsatisfactory response from your Head of Revenues, I have no choice but to make a 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. As you are vicariously liable, your Head of Revenues has left you open to litigation.

In order to resolve this complaint I would ask that you:

return the case to council administration to whom I will continue to make affordable repayment installments of £75 a month.

make the necessary investigations as to 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 and adjudicate on this matter.

Yours faithfully,

[NAME]

**Esio Trot** · 18th January 2012, 09:17:AM

Re: draft letter to council CEO re bailiff fees

Originally posted by labman View Post

Following an unsatisfactory response from your Head of Revenues, I have no choice but to make a formal complaint because I received bailiff from you on [DATE] collecting unpaid council tax of [AMOUNT].

Personally, I prefer your letter.

However, I hope the OP doesn't cut and paste the suggested letter without checking the construction, as the sentence above in both suggestions does not read correctly - I have highlighted the bit in bold that needs looking at. :-)

**gooner1** · 18th January 2012, 15:54:PM

Re: draft letter to council CEO re bailiff fees

I emailed the following to the department head yesterday...

Thank you for your fast response.

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.

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

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.

Thankyou for your kind attention........

I shall await a reply for 5 days....if its not satisfactory or non forthcoming i shall mail the Formal Complaint suggested above.
Again thank you for taking the time to advise me with this..its really is very much appreciated .

**gooner1** · 18th January 2012, 16:02:PM

Re: draft letter to council CEO re bailiff fees

That was quick..the ball is rolling : )
Reply below

Thank you for your email and no I hadn’t seen your letter yesterday but I was forwarded a copy today.

I am investigating the matter and today I have asked the bailiff to have a look and let me have their explanations
At which point I can then come back to you with the answers. In addition I note you will continue to make payments at the agreed level.

I trust that this explains the position and I will likely be in contact early next week. If you have any queries in the meantime please contact me on the phone number below.

**Guest** · 18th January 2012, 17:03:PM

Re: draft letter to council CEO re bailiff fees

WOW - That was fast!

**gooner1** · 17th February 2012, 20:49:PM

Re: draft letter to council CEO re bailiff fees

Received my official reply today...here are the selected details below..feel free to comment please.

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 charges are in accordance with Schedule 5 council tax (administration and enforcement) regulations 1992 (as amended) which states:

1. for one attendance with a vehicle with a view to the removal of goods (where, following the levy, goods are not removed); reasonable costs and fees incurred.

Swifts bailiff did attend with a vehicle with a view to removing your goods; the bailiff levied upon goods but did not remove them. Therefore the fee is correct.

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

Again the charges are in accordance with Schedule 5.

1. H Where no sale takes place by reason of payment or tender in the circumstance referred to in regulation 45(4) Council Tax / Regulation 14(4) Non-Domestic Rating

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.

Swifts have two liability orders and fees are applicable to both accounts

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.

Explained in Matter 3 above

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

Swifts bailiff levied as payment in full could not be made. The sale value of the goods would not be known until at public auction.

In conclusion from investigating the matter, and as mentioned in my replies above the bailiff has acted lawfully in this matter and the fees charged are in accordance with the regulations

It seems to be they are totally glossing over the facts!!..what is my next step...?

**Guest** · 17th February 2012, 23:55:PM

Re: draft letter to council CEO re bailiff fees

The reasonable costs of turning up in his own vehicle is £0. Start a claim to recover the fees in the small claims court on a Form N1 (fee applies), reclaim ALL the fees and your costs and let the defendants do the penny-pinching.

[YOUR NAME] - Claimant

The Mayor and Burgesses of the [NAME OF COUNCIL] – First Defendant

[NAME OF BAILIFF COMPANY] A Firm – Second Defendant

Particulars of claim

I received the second defendant acting for the first defendant on [DATE] collecting council tax and demanded the sum of [AMOUNT].
The second defendant indiscriminately over-charged me with his fees and costs that not compliant with council tax enforcement regulations and charged for work he has not done. There are no costs incurred by either defendant and no costs order has been made against me by a court.
I confirm i) no goods have been taken or physically removed (distress) by either defendant. ii) no goods needed to be collected (redemption) by me, iii) a Head H fee was charged, iv) I asked both defendants to repay the costs that were not incurred and fees that are not lawfully due. v) Neither defendant has done so.
The Claimant claims [AMOUNT IN UNLAWFUL FEES] plus statutory interest at 0.00022% daily from the date the money became due to the date payment is made, plus costs allowed by the court.

**gooner1** · 18th February 2012, 21:01:PM

Re: draft letter to council CEO re bailiff fees

Should i not reply to their letter pointing out there inaccuracies, threatening legal action? ....and maybe send to someone higher up the pecking order..or am i just wasting my time!

**Guest** · 18th February 2012, 21:39:PM

Re: draft letter to council CEO re bailiff fees

You can if you want, but it only delays progress.

**gooner1** · 18th February 2012, 23:42:PM

Re: draft letter to council CEO re bailiff fees

Im going to send this to Head of Revenues..any thoughts?..is it accurate?

Thank you for your letter..you enquiries where very thorough and much appreciated , however there are some very obvious issues still unresolved.

a) Is £125 a reasonable cost for turning up in his own vehicle ?....i argue he was not attending with a vehicle with the intention of removing goods....he had no intention of removing any goods, how could he on the 4th of May because the WPA had not even been signed...he was just merely transporting himself from door to door.

b) The levied goods have to firstly be removed from my property with the intention to sell them, if i then make payment before they are sold then the No Sale charge can be issued....at no time did the bailiff request access to my property to seize any of the levied goods...

c) Fees may be applicable on both accounts but Bailiffs are not allowed to charge both sets of fees if attended on the same day..as was the case in Matters 1& 2

d) I was not made aware of the 1st attendance on the 7th, all i was made aware of was that he had clamped my vehicle and would not release it until i had paid the full amount in Matter 1. There was no attendance made to me on the 13th, in fact i can prove that i was working away in Norfolk on that date and was not resident at my address, there was no communication with the bailiff and no letter left at my address informing me of the 2nd attendance.

e) The experienced Swift bailiff would of been well aware of the value of the articles levied..my very humble belongings where of very little value and he knew that..... furthermore the bailiff levied on my one fold up dining table, my only sofa and a coffee table..if these goods where removed i would of had nothing to eat on and nothing to sit on.... the removal of household furniture for basic domestic needs is expressly excluded by an amendment to the Council Tax (Administration and Enforcement) Regulations 1992

In all respect to you, your reply shows you clearly do 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, you are laying the council open to serious litigation.

I shall be sending a copy of this to the Council CEO for further attention.

Regards

**Guest** · 19th February 2012, 10:08:AM

Re: draft letter to council CEO re bailiff fees