Council Tax - Bailiff Fees

[wales01man]

Re: Council Tax - Bailiff Fees

dont want to hijackm this thread but after reading so much on here about bailiffs fees i and probably many others would like to know if the debt has been paid in full and bailiffs fees are unpaid what exactly can a bailiff do for his fees surely the original court order would only be for the sum owwed and fees included in the case and not fees that may occur collecting the debt?

[labman]

Re: Council Tax - Bailiff Fees

Pinot for a County Court. If fees are owing to the bailiff, they should be paid. Ultimately the bailiff can go to court for their fees and could, though I've not heard of it happening, get a CCJ against you if they remain unpaid.

[ploddertom]

Re: Council Tax - Bailiff Fees

dont want to hijackm this thread but after reading so much on here about bailiffs fees i and probably many others would like to know if the debt has been paid in full and bailiffs fees are unpaid what exactly can a bailiff do for his fees surely the original court order would only be for the sum owwed and fees included in the case and not fees that may occur collecting the debt?

This is for Council Tax and for this debt the Bailiffs are allowed to deduct their fees first with any balance being paid to the Council.

Example:
Liability Order is obtained for £1000. Bailiff attends twice but does not meet anyone - he adds 1st & 2nd Visit Charges of £42-50
Debt now equals £1042-50
On 3rd Visit Bailiff levies on goods and charges say £50
Debt now equals £1092-50

Debtor pays £500 and Bailiffs take their fees of £92-50 but then charges ATR Fee of £120
Debt now owing £712-50

From the above the bailiff took his fees first - £92-50 - and paid the balance to the Council - £407-50, so on this basis paying the Council does take some time.

In this case it appears the Liability Order may even have been issued in error but the Council are saying the OP is responsible for their "Court" costs - which forms part of the Liability Order and it is for these the Bailiff is enforcing. My view is that if the original LO was not valid then the OP should be asking the Council to go back to Court to rescind the LO and that in turn should remove the Court costs and the Bailiffs should be able to return to playing with their train sets. I believe Outlawlgo may be best to ask about this procedure.

[bluebottle]

Re: Council Tax - Bailiff Fees

Agree with you 100%, PT. If the LA has obtained an LO and they were not entitled to do so, then the LO is invalid. The OP should certainly put pressure on the LA to go back to court and annul the LO. I would also be inclined, if I were the OP, to seek compensation from the LA and B & S for trespass as the bailiff's protection against action for trespass, under the applicable regulations, does not apply if the law is not followed to the letter, i.e. no valid LO, no legal protection for the bailiff.

[louloumg76]

Re: Council Tax - Bailiff Fees

Arrrghh I have been computerless for weeks but i have sent the letter as labman advised will post response once received


thanks all