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Hi,
Just wanted to clarify these fees are illegal before filing a Form 4. This is for council tax. My statement with B&S shows a Levy Fee of £74.00, also a Redemption Fee (Head H) of £24.50 and also a Van/Abortive Removal Fee of £180. I believe (but could be wrong) that the £24.50 fee is valid but the £74 and £180 fees are illegal. B&S have confirmed via email that no levy took place and there is no signed walk in possesion agreement. Therefore I am being overcharged by £254. Can you confirm this please.
B&S response to my query was:
'Having reviewed the documents we can confirm that the Walking Possession Agreement has not been signed. We do not require this to be signed as it does not prevent us from re-attending your property with the intention of collecting the balance in full or for the removal of goods.
The Walking Possession is a formal request by the debtor, asking that we delay the removal of the goods levied on by the bailiff, giving the debtor an opportunity to pay. As this has not been signed you have not been charged a Walking Possession fee.
You have however been charged a £74.00 levy fee for the bailiff listing goods and a £24.50 redemption fee.
The redemption fee is: 'The charge is made under schedule 5 (3 for NDR) and is payable for the release of the listed goods back to your control. It is similar to the fee payable to reclaim (or redeem) items pledged to a pawnbroker as security for a loan or the final payment of a hire purchase agreement'
All fee’s charged are correct and in accordance with the Council Tax (Administration & Enforcement) Regulations 1992 (as amended), under the regulations you are liable for the Council Tax and all additional costs incurred by the Local Authority and ourselves. They have not been charged illegally.
The regulations are detailed on the back of the Notice of Seizure of Goods document that was left with you on the 17/02/11.
We are unable to provide you with a copy of the bailiff certificate, however we can confirm that the bailiff who levied the items on the 17/02/11 was Mr D Hoyal and he was certificated at Worcester County Court on the 10/06/10.'
Their response to the £180 van/abortive removal fee is:
The entering into of a Walking Possession agreement is not relevant to a Van/Removal Abortive Fee as you are not required to sign anything in order for us to continue action against you. The only stipulation of applying this charge is that a valid Levy on goods was carried out prior to someone attending with a view to removing them; this took place on the 17/02/11 when our bailiff met with you.
If there is no walk in poessesion signed then there is no levy correct?
Can anyone just confirm before I do the Form 4 that these fees are illegal.
Thanks for your help in advance. I am getting nowhere with B&S. I am paying this by attachment of earnings and there is no way of me stopping the payments and if I just let it go their illegal fees will be automatically paid out of my wages.
Just wanted to clarify these fees are illegal before filing a Form 4. This is for council tax. My statement with B&S shows a Levy Fee of £74.00, also a Redemption Fee (Head H) of £24.50 and also a Van/Abortive Removal Fee of £180. I believe (but could be wrong) that the £24.50 fee is valid but the £74 and £180 fees are illegal. B&S have confirmed via email that no levy took place and there is no signed walk in possesion agreement. Therefore I am being overcharged by £254. Can you confirm this please.
B&S response to my query was:
'Having reviewed the documents we can confirm that the Walking Possession Agreement has not been signed. We do not require this to be signed as it does not prevent us from re-attending your property with the intention of collecting the balance in full or for the removal of goods.
The Walking Possession is a formal request by the debtor, asking that we delay the removal of the goods levied on by the bailiff, giving the debtor an opportunity to pay. As this has not been signed you have not been charged a Walking Possession fee.
You have however been charged a £74.00 levy fee for the bailiff listing goods and a £24.50 redemption fee.
The redemption fee is: 'The charge is made under schedule 5 (3 for NDR) and is payable for the release of the listed goods back to your control. It is similar to the fee payable to reclaim (or redeem) items pledged to a pawnbroker as security for a loan or the final payment of a hire purchase agreement'
All fee’s charged are correct and in accordance with the Council Tax (Administration & Enforcement) Regulations 1992 (as amended), under the regulations you are liable for the Council Tax and all additional costs incurred by the Local Authority and ourselves. They have not been charged illegally.
The regulations are detailed on the back of the Notice of Seizure of Goods document that was left with you on the 17/02/11.
We are unable to provide you with a copy of the bailiff certificate, however we can confirm that the bailiff who levied the items on the 17/02/11 was Mr D Hoyal and he was certificated at Worcester County Court on the 10/06/10.'
Their response to the £180 van/abortive removal fee is:
The entering into of a Walking Possession agreement is not relevant to a Van/Removal Abortive Fee as you are not required to sign anything in order for us to continue action against you. The only stipulation of applying this charge is that a valid Levy on goods was carried out prior to someone attending with a view to removing them; this took place on the 17/02/11 when our bailiff met with you.
If there is no walk in poessesion signed then there is no levy correct?
Can anyone just confirm before I do the Form 4 that these fees are illegal.
Thanks for your help in advance. I am getting nowhere with B&S. I am paying this by attachment of earnings and there is no way of me stopping the payments and if I just let it go their illegal fees will be automatically paid out of my wages.
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