Council Tax - Bailiff Fees

[louloumg76]

I recently had a bailiff visit. He got into my house whilst i was out as patio had been left unlocked. He listed an inventory of goods siezed.

This council tax was regards a previous property, I never owed the money but had to prove this to the council to be honest i should have dealt with it a lot quicker than i did! ..... I managed to do this that day and get the debt written off all but £60 court costs which i have now paid. The bailiff also posted a notice of seizure of goods listing his 'charges' as follows £488.81 CTax 42.50 attendance to levy fees 41.00 + 37.00 Levy fee 24.50 Redemption of goods fees 180 Van.

Now i manged to provide receipts that none of the goods listed on the inventory belonged to me i also provided the bailiff with a copy of the tenancy agreement for the current property which is in my patners name. I therefore thought the levy/liability would now become invalid?

Now as far as i am concerned the bailiff visited twice that day so i thought i would only be liable to pay the £42.50 ? i have now received letters from Bristow and Suitor (who are bloody awful ) saying that i owe £325 under the terms of the liability order regs 1992 blah blah i am in the process of writing a letter but would like some feedback about these fees and whether they look like they have been plucked from thin air and how have they reached the conclusion i owe £325?

Thanks

[cards down]

Re: Council Tax - Bailiff Fees

I'm learning the ropes here Louloumg76, I can assure you that help is on its way though from more experienced people on this site. In the mean time you may want to take a look at the stickys in the Bailffs section, lots of information there.

[labman]

Re: Council Tax - Bailiff Fees

You need to send the bailiff company Letter 1 from the following link:

Useful Letters - Legal Beagles Consumer Forum

Once you receive a reply from them, you can argue the unlawful fees.

As you actually know the fees, you should also send the letter to the Head of Revenues (Letter 4). You will need to amend this slightly for your circumstances.

As you have paid the outstanding debt and have proof of everything, you do only owe the £42.50 for the two visits. Nothing levied on was valid so that can be discounted.

Meanwhile, if the bailiffs return, do not let them in. They are VERY unlikely to try to force entry as they could be in big trouble if they did in this sort of circumstance, but don't about that - it won't happen.

[ploddertom]

Re: Council Tax - Bailiff Fees

This council tax was regards a previous property, I never owed the money but had to prove this to the council to be honest i should have dealt with it a lot quicker than i did! ..... I managed to do this that day and get the debt written off all but £60 court costs which i have now paid.

Could you expand on how this came about as I think you are not even due to pay the Court costs.

[CleverClogs]

Re: Council Tax - Bailiff Fees

I recently had a bailiff visit. He got into my house whilst i was out as patio had been left unlocked. He listed an inventory of goods siezed.

Has anything been stolen, or any damage done?

[louloumg76]

Re: Council Tax - Bailiff Fees

Hi Ok I had a previous property which i rented out the tenants left and i completed an excemption advising the property was empty....but the council were still trying to charge me for some of the period that it was empty. Basically i had to prove to them that i wasnt living there and didnt owe the ctax even though i was paying ctax on another property go figure? i managed to prove this by electric/gas consumption used. although i was extremely late in proving this (my fault). The house prior was also repossessed. The bailiff made peaceful entry to the property im in now although he did break my venetian blinds and get mud all over my carpet this is the only damage caused nothing was stolen.... I did prove all of this wasnt my debt to the council that day and it was written off but they said i was still liable for bailiff fees and court costs all i think i am liable is visit fees? but i must express i had two visits prior to this that i ignored the crux of it is i don't understand how they sill want £325 from me.As Labman advised i have now conducted a letter asking for a breakdown of these fees

thanks for your help

[louloumg76]

Re: Council Tax - Bailiff Fees

Hi I have now received a response re: the letter i sent disputing these charges you advice on the next step would be appreciated as i am at a loss as what to do the response as follows:

Dear me

Re: Council Tax arrears due to Corby Borough Council

We write with reference to the above and in response to your letter 11/04/12

Our clients have confirmed that a ayment in respect of monies due to them has been paid, however under the terms of the liability order and council tax (administration and enforcement) regs 1992 (as ammended) you are not only responsible for payment of the council tax but also charges inccured by ourselves. In this instance the remaining balance of £325.00 remains legally due and payable.

We reiterate our previous point, the bailiff in attendance on 07/03/12 was there to effect a removal of goods already under siezure, charges for which are detailed in the enclosed statement of account. A further levy was made against goods within the property and whilst we have acknowledged proof of payment by Mr ...... (my partner) this does not support that these items were purchased solely by him or prior to your occupation of the above address . Goods in use of the liable party can be deemed jointly owned and available for distress as per the case of Ferrar v Beswick (1836)

We have stated our posistion in this matter and to prevent further recovery action being taken against you, payment of the ammount detailed must reach our office by 07/05/12.

As requested please note the following details for each visit which has inccured charges

22/07/12 ATL Mr J purdy certified 26/04/11
11/10/11 ATL Mr A Minshull Cert 14/04/11
04/11/11 Levy Ms L Browning cert 26/10/10
04/11/11 redemption Ms L Browning cert 26/10/10
01/02/12 Van / Abortive removal fee Mr J Jackson Cert 18/05/11
07/03/12 Levy Mr M Gould cert 12/10/10

All the above named were certified on the relevant dates in Worcester County Court

The ATL (attendance to levy) fee is the charge for the visit with a view to making a siezure of goods. this and the following charges are in accordance with schedule 3+5 of the council tax regs for endforcement, charges connected with distress. the levy fee is the charge for the siezure of goods and is calculated under the above regulations as is the van/abortive fee removal fee; the charge for 2 professional bailiffs to attend with a view to removing goods. NOTE: the redemption fee is the charge for the release of all goods back into your control.

We trust this clarifies the situation


Transactions

22/07/11 24.50 ATL !st visit
11/10/11 18 Sec visit
04/11/11 41.00 Levy fee
04/11/11 24.50 Redemption fee
01/12/11 112.31 reduction to client balance
01/02/12 180.00 Van/abortive removal fees
07/03/12 316.50 reduction to client balance
07/03/12 37.00 Levy fee
05/04/12 60 Court cost paid direct

please help with next step as im unsure what to do many thanks

[labman]

Re: Council Tax - Bailiff Fees

Can I ask which council it is please? We can then compose a suitable letter challenging the fees to them. Don't worry as I do not think they have a leg to stand on in this matter, their charges are ridiculous.

The way I tend to play these things is to write to their Head of Revenues asking him to confirm the fees, or remove any he thinks unlawful and call off the bailiffs. If he removes the appropriate fees, fair enough. If he doesn't then I write to the CEO of the council pointing out the errors of his Head of Revenues AND his appointed enforcement officers. I find this middle step helps to add weight to an already strong argument.

You'll get the feel of the letters if you read the Council Tax sticky in the bailiff section, but in this case, the letters would need some personalising.

[bluebottle]

Re: Council Tax - Bailiff Fees

As one of Bristow & Sutor's certificated scumbags, sorry, bailiffs, have caused damage to your property, Bristow & Sutor are liable for the damage through vicarious liability, even though they gained peaceable entry. As such, the bailiff has to exercise reasonable care in gaining entry and that includes not damaging anything. As I read your posts, it appears that the local authority now accept you are not liable for the CT and, therefore, any LO obtained is, in all probability, invalid. This means the bailiff and Bristow & Sutor are on a very sticky wicket indeed. Follow Labman's advice. Personally, I would tell Bristow & Sutor that if they want their fees, it will be less the cost of putting right the damage their bailiff caused. It will be interesting to see how Bristow & Sutor respond to something like that.

[labman]

Re: Council Tax - Bailiff Fees

Absolutely agree BB, take photographs of the damage (and if still there the muddy footprints as having a carpet cleaned is not cheap) and deduct it from their fees.

You can send the initial letter to the Head of Revenues Useful Letters - Legal Beagles Consumer Forum Letter 4 - you'll see it needs very slight modification. Once we know the council involved, I'll work on a letter for the CEO for you.

[louloumg76]

Re: Council Tax - Bailiff Fees

Thanks so much i think they are chancing their arm ..... It is Corby Borough Council Labman, but with regards to the damage i cannot prove as i fixed the blind and cleaned the footprints and the door wasn't broken i shall have a look at what you have suggested

much appreciated

[labman]

Re: Council Tax - Bailiff Fees

I would recommend you send this first, as it digs a deeper hole for the council if the Head of Revenues condones unlawful levies. However, if you don't, please could you post up and let us know as it will affect what goes in the letter to the CEO. :beagle:

[louloumg76]

Re: Council Tax - Bailiff Fees

ill send letter to head of revs next week

[labman]

Re: Council Tax - Bailiff Fees

Great - if you could post up their response, then we'll take things from there. :beagle:

[mohmmad786]

Re: Council Tax - Bailiff Fees

I would actually send them a bill for blind and for carpet cleaning as well as i would love to know what they say on that