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Useful Letters / Documents
All the letters / documents below are referred to in one of the above ‘Stickies,’ especially, but not solely the Council Tax and Parking Fines sections.
1. FREE BREAKDOWN OF BAILIFFS’ COSTS
[YOUR ADDRESS]
[DATE]
To:
[Insert Name and Address of Bailiff Company]
Ref: Account No: 123456
Dear Sir,
With reference to the above account, I would be grateful if you could provide me with a breakdown of all charges incurred.
This includes, but is not necessarily limited to the following:
a the time and date of any bailiff action that incurred a fee or charge.
b the reason for the fee or charge.
c the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
d the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
e the date of certification.
f the initial balance, and any amount currently outstanding on the account
This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.
I require this information within 14 days.
Yours faithfully,
Sign
[PRINT NAME]
__________________________________________________ __________________________________________________ _____________________________________________
2. STATUTORY DECLARATION (amend parts in red – Declaration appears twice, also to swear property belongs to one person in a house)
A.
I: [NAME] residing at [ADDRESS AND POSTCODE]
DO SOLEMNLY AND SINCERELY DECLARE THAT:
I had no prior knowledge or any correspondence from [NAME OF MAGISTRATES’ COURT/COURT/AUTHORITY] following an alleged [OFFENCE/LIABILITY/DEBT] on [DATE] for [NATURE OF OFFENCE/DEBT]
From information provided to me today by the [MAGISTRATES’ COURT/OTHER COURT/AUTHORITY] I am informed that a hearing for this matter was held in my absence where I was [FINED/MADE LIABLE TO PAY THE AMOUNT OF £AMOUNT]. The reference number for this case is: [REFERENCE]
AND THAT:
Notification of this fine first came to my attention on [DD/MM/YYYY] when a bailiff from [NAME OF COMPANY] came to my home. He was in possession of a [DISTRESS WARRANT/LIABILITY ORDER/ORDER FOR RECOVERY] dated [DATE IF KNOWN] and that he required the sum of [£AMOUNT].
I genuinely do not remember receiving any notice of this [FINE/LIABILITY/DEBT].
I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.
DECLARED AT:
SIGNED:
DATE:
Before me:
Solicitor/Commissioner for Oaths:
OR TO SWEAR PROPERTY BELONGS TO ONE PERSON IN A PROPERTY:
B.STATUTORY DECLARATION
I, [INSERT NAME] residing at [ADDRESS AND POSTCODE]
make the following declaration under the Statutory Declarations Act 1835:
All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX & Mrs XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.
I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.
Signed:
Declared at___________________on__________________of __________________________________________________ ____
Before me,
<Signature of person before whom the declaration is made>
Full Name___________________________Qualification______ ______
Address___________________________________________ _______
of person before whom the declaration is made (in printed letters)
__________________________________________________ __________________________________________________ _____________________________________________
3. FULL BAILIFF SUBJECT ACCESS REQUEST (SAR)
Written by Cetelco, edited by Amy and Labman. This letter is not intended as a template letter, so please ensure you amend it to suit your own individual circumstances.
Dear Sir/Madam,
Data Protection Act 1998 Subject Access Request
I was visited by (name bailiffs) on (date) and was pressured into paying the sum of £xxx.xx for an alleged (state the reason for visit and the date).
The bailiffs did not provide any written authorisation that they were acting on behalf of the council/authority. Their approach was to bully me into paying. I mentioned that by paying the bill, I would be left without any money and their response was that they were in possession of a warrant to enter my house by any means and would take goods and I would have further fees to pay. At this point, not knowing the procedure and my rights, I paid, although I was not shown a warrant.
Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.
For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.
For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company:
1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended
I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.
As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you visited me at and at which your bailiffs relieved me of the sum of £xxx.xx.
Yours faithfully,
(Your Name)
cc. (Your local authority)
__________________________________________________ __________________________________________________ _____________________________________________
4. COUNCIL TAX LETTER TO THE HEAD OF REVENUES
Please edit parts in red and anything else needed to ensure this letter meets your circumstances
[YOUR ADDRESS]
[DATE]
Your Ref: [Insert your reference]
I am writing with regard to the above account. I have been visited recently by your appointed enforcement agents [insert name of bailiff company] who have charged me a total of £xxx.xx. I have attached a copy of the breakdown of their fees.
I do not believe these fees are legitimately charged as prescribed by The Council Tax and Enforcement Regulations. I would therefore be grateful if you could confirm whether or not you believe them to be fair and honest. If they are not, I would request that the debt be recalled to the council, and all fees removed. [Delete if necessary] I am able to repay the amount of £xx.xx per week directly to the council. I trust this will be acceptable. Please confirm your acceptance in writing to me.
I look forward also to receiving your written confirmation one way or another regarding the legality of the fees charged. I would also be grateful if you would confirm that the council is recalling the debt, and instructing the enforcement agents to cease pursuing this account. Please bear in mind your responsibilities in this respect with regard to the new government guidance, 'Council Tax: guidance to local councils on good practice in the collection of Council Tax arrears.'
Yours faithfully,
Sign your name here
[PRINT NAME]
__________________________________________________ __________________________________________________ _____________________________________________
5. COUNCIL TAX LETTER TO CHIEF EXECUTIVE OFFICER
Please edit anything in red to suit your circumstances, along with anything else which may need amending to personalise the letter to you.
[YOUR ADDRESS]
[DATE]
Your Ref: [Insert your account reference]
It gives me no pleasure to write this letter with regard to the above account.
On dd/mm/yyyyI wrote to your Head of Revenues, [Insert title and name] asking for confirmation of fees which I have been charged by your appointed enforcement agents, [Insert name of Bailiff Company]. I also requested that should the fees be considered unfair, my account be recalled to your council, all fees cancelled and your appointed enforcement agents informed not to pursue the account any further.
Today I received his reply (copy enclosed) which clearly states he believes the fees charged to be lawful and correct.
Please may I point out that under your council’s vicarious liability for its appointed enforcement agents, your Head of Revenues is leaving you open to serious litigation. The fees charged are clearly unlawful, and in direct contravention of the Council Tax Administration and Enforcement Regulations, as amended by Statutory Instrument in 2006. The correct fees can be found in Schedule Five.
Below I have provided a breakdown of the fees actually charged, along with a breakdown of the fees I believe, having sought advice, should legally have been charged. As you can see there is a difference of £xxx.xx.
INCLUDE BREAKDOWN OF FEES CHARGED AND A BREAKDOWN OF LEGITIMATE FEES
It is hard to understand how such a mistake could be made, particularly bearing in mind I went to the trouble of requesting a breakdown of legitimate fees applied to my account by your enforcement agents, and also double checked these with your Head of Revenues.
It would appear not only that one of your senior members of staff has little knowledge of the relevant legislation involved in his job (an issue I am sure you will want to address), but also that he is condoning quite clearly, the unlawful application of fees to your customer’s accounts. The vicarious liability between yourself and your appointed enforcement agents makes this a very serious issue indeed for you. There are a number of criminal avenues that could be pursued should legal proceedings be instigated.
I would be grateful if you would recall this debt to the council with immediate effect, confirm your council’s acceptance of my repayment offer and confirm that you have instructed your appointed enforcement agents to cease pursuing this account, again with immediate effect. I would also be grateful if you would please confirm that no fees are owing to your appointed agents.
Please rest assured I have not intention of reneging on my responsibility to pay this debt, but it is only fair, given the circumstances, that I should be able to do so free of any unlawful activities by your staff or your appointed enforcement agents.
I look forward to hearing from you,
Yours faithfully,
Sign your name here
[PRINT NAME]
