B&S Illegal Fees

[pepsie]

Re: B&S Illegal Fees

Actually if both cars were there then we would have been in. Unless of course in time it has taken to reply to your request for sight of the levy they have nipped round to get the details to put it together? The value of both cars would not cover the debt. The levy was never enforced.

What is my next move here? Do I form 4 the bailiff all fees? Surely I only owe the £24.50. They ARE making me pay the fees because they have instructed my employer to pay them as an attachment of earnings and I cannot stop this.

Yes...I do have evidence to show this tactic is not alien to them.

Pepsie
------------------------------- merged -------------------------------

If the likely auction value of the motor cars was not sufficient to clear the debt, then the levy would appear to have been improper or irregular.

It does seem most unusual for an attachment to earnings order to have been given to a firm of bailiffs, especially as they are known to "be creative" with their fees to the extent that the debt to the council might take much longer to clear, or might even never be cleared. Was this the result of a cock-up and, if so, by whom?

I agree with CC 'most unusual' I would be tempted to go for the reg 46 and have both Council and bailiff answer questions before the magistrates?

Pepsie

[toffeecrisp141271]

Re: B&S Illegal Fees

Can anyone please give me a guide to filing a regulation 46 complaint/summons?

[labman]

Re: B&S Illegal Fees

46.—(1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.(2) The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.(3) If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 45(7).(4) If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

Read more at: B&S Illegal Fees - Legal Beagles Consumer Forum

[Guest]

Re: B&S Illegal Fees

Reg 46 is the way to go, but keep your complaint very simple and factual.

The other route is reclaim it from the council in the small claims track, fee applies.

[ploddertom]

Re: B&S Illegal Fees

Here's an example of what to put in a Reg 46 Complaint, adapt as you see fit. You may have to pay a fee to submit the complaint.


Mr Jo Blogs
1, High Street
Anytow
Post Code.

The Chief Clerk
xxxx Magistrates Court

Date:

Dear Sir/Madam

Council Ref: xxxxxx

I am writing to request that you issue a Summons against xxxxxxx Council by virtue of Regulation 46 Council Tax (Administration and Enforcement) Regs 1992 as a matter of urgency.


I am aggrieved by the levy carried out by Mr Smith of ABC Certificated Bailiffs on (enter date) for the following reason:

* The Bailiff visited my premises and he has provided a Notice of Seizure of Goods & Inventory advising me that he has levied against a vehicle that was outside/on the drive of my home.
* This vehicle is not owned by me. I do not know the owner of the vehicle and it would appear that the Bailiff has assumed that this is my car because it was parked close to my home.
* The Bailiff in seizing this vehicle, has charged me a levy fee of £50 together with an enforcement fee of £150 and I am advised that unless I pay the amount of the Laibility Order of £xxx together with the charges associated with this levy, that the Bailiff will be attending at my property to remove this vehicle to satisy my Council Tax arreas and in addition I will also be liable for further charges for "attending to remove" and I could also be in position of being personally liable to the owner of the vehicle.
* I have written to the Bailiff Company and the local authority concerning this levy but my complaints have been ignored.

I trust that this information will be sufficient and please do not hesitate to contact me if you require any further information.
Yours faithfully"

[Guest]

Re: B&S Illegal Fees

Do you know what regulation provides for a fee to apply to make a reg 46 complaint & how much it is?

toffeecrisp141271: if the above is an accurate description of your complaint. What do you want the court to do to resolve your complaint?

I would include it in your complaint letter, and trim down the number of words.

Something like this. OTOH.

The Court Manager
[NAME OF] Magistrates Court
[ADDRESS & POSTCODE]

[DATE]

Dear Sir

Please place this letter before a Justice of the Peace.

Re: Complaint under Regulation 46 Council Tax (Administration and Enforcement) Regs 1992

I am aggrieved by a levy carried out by [NAME OF AUTHORITY] on a vehicle that does not belong to me relating to the enforcement of a liability order for unpaid council tax.

I received an enforcement contractor from [NAME OF AUTHORITY] who provided a Notice of Seizure of Goods & Inventory. I have been charged a fee of £50 "levy fee" plus an "enforcement fee'" of £150.

I understand these fees are not compliant with the Council Tax (Administration and Enforcement) Regulations 1992.

I wrote to the Council making a formal complaint, but it was the Councils choice not to reply.

I respectfully ask the Court, that a summons is issued to explain their actions, and resolve my complaint by refunding me the sum of [AMOUNT OF UNLAWFUL FEES CHARGED].

Yours faithfully

[NAME]
Enc. Fee cheque for [AMOUNT].

[toffeecrisp141271]

Re: B&S Illegal Fees

The vehicles were owned by me and my wife though. I will draft a letter and post it if you can tell me if it will work that would be great help. thanks for your help. You people must help so many.

[toffeecrisp141271]

Re: B&S Illegal Fees

Hi, spoke to council today who said fees are to be discussed with bailiff. IF I am unhappy to go to citizens advice as nothing council can do. So have drafted following letter to head of revenues. Can you please check it for me, anything I need to add?

Head Of Revenues,

xxx Council have used an enforcement contractor (Bristow & Stutor) to enforce a liability order for the payment of council tax on the above property for year 2010/2011.

I wish to complain about illegal fees on this account which the bailiff has applied. I have enclosed a copy of the bailiff’s statement for your viewing, along with the notice of seizure. I have complained to Bristow & Stutor several times but to no avail so am writing to you to get these fees removed. I am also unhappy as why an attachment of earnings has been handed to Bristow & Stutor to execute rather than being executed by xxx Borough Council. Perhaps this could be explained. As you are aware, xxx Borough Council are 100% responsible for their enforcement contractors actions and 100% responsible for making sure that any fees applied by their contractors are fair and legal.

I am complaining about the following illegal fees:

Levy Fee - £74.00

The £74.00 levy fee is illegal because no levy took place. Though two cars were listed on the notice of seizure, a walk in possession agreement was never signed and the cars were never removed. This levy is also irregular because the value of both cars listed would not cover the liability owed.

Van/Abortive Removal Fee - £180

The van/abortive removal fee of £180 is illegal because no levy took place and no walk in possession agreement was signed. [FONT='Arial','sans-serif']Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement'.[/FONT][FONT='Verdana','sans-serif'][/FONT]

Redemption Fee (Head H) - £24.50
[FONT='Arial','sans-serif'] [/FONT]
[FONT='Arial','sans-serif']Bristow & Stutor say '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'[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']No walk in possession agreement was signed and no levy took place so this fee is illegal.[/FONT][FONT='Arial','sans-serif']

[/FONT][FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']I look forward to your response.[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']Yours sincerely,[/FONT]

[CleverClogs]

Re: B&S Illegal Fees

Van/Abortive Removal Fee - £180

The van/abortive removal fee of £180 is illegal because no levy took place and no walk in possession agreement was signed. Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement'.

I would add that, although a van might be appropriate to remove items of furniture or other such goods if a walking possession agreement had been made, it would be obviously insufficient or inadequate to remove any cars that the bailiff wished to seize.

It should be interesting to see how the Chief Revenue Muppet defends the attachment order being made out to B&S.

[Guest]

Re: B&S Illegal Fees

If the bailiff is charging all those fees for work he hasnt done, then surely there is redress under the Fraud Act?

http://www.publications.parliament.u...70420w0001.htm see under Crime Fraud

[CleverClogs]

Re: B&S Illegal Fees

One might suppose so, but who investigates fraud other than the police who will probably be convinced that "it's a civil matter"?

[Guest]

Re: B&S Illegal Fees

The police only play the civil matter card until legislation is quoted to the contrary. This is why you must be factual in your complaint letter from the very start.

Other investigating bodies can be the Fraud and Corruption unit at the Serious Fraud Office, but this can only be started through your MP.

http://www.sfo.gov.uk/

[CleverClogs]

Re: B&S Illegal Fees

The police only play the civil matter card until legislation is quoted to the contrary. This is why you must be factual in your complaint letter from the very start.

Then they accuse one of trying to tell them their job and seem to resent a retort that somebody has to do that. :tinysmile_hmm_t2:

With a few exceptions, the police are either officious or inherently indolent.

[Guest]

Re: B&S Illegal Fees

If a police officer tells you a crime is not a crime and threatens you with anything, then you take down the Offcier's name and make a complaint to the IPCC under Section 4 of the Criminal Law Act 1967.

It is unlikely a police offcier will risk his career and livelihood to cover for a bailiff who has been caught cheating.

[CleverClogs]

Re: B&S Illegal Fees

If a police officer tells you a crime is not a crime and threatens you with anything, then you take down the Offcier's name and make a complaint to the IPCC under Section 4 of the Criminal Law Act 1967.

It is unlikely a police offcier will risk his career and livelihood to cover for a bailiff who has been caught cheating.

Whilst that is undoubtedly true - and remember that not all police officers are paid - one might be astounded if a policeman investigated the antics of a bailiff with any speed or eagerness.