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Urgent advice needed re marstons distress warrant

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  • #46
    Re: Urgent advice needed re marstons distress warrant

    Whilst awaiting the info from BB, I have been doing a little research myself, both as I think this will help the OP with their problem and to further my own personal knowledge.

    Apologies to all if they already knew this, but again, I feel this information is both useful and relevant to the OP.


    1: From September 1994, a bailiff is not allowed by law, to charge VAT on his enforcement fees when collecting:
    • Council Tax
    • Business Rates
    • Magistrates Court Distress Warrants.
    • Child Support arrears.
    • Income Tax.


    Below, we have provided you with the amount of Statutory Fees that bailiffs should charge for the collection of unpaid Council Tax/Business Rates.
    Please note that the regulations do not allow for a bailiff company to charge a fee for sending you a letter when collecting Council Tax.
    The Statutory Fees they can charge, are as follows:


    First visit fee: £24.50
    This is for a first attendance to levy, but where a levy does not takes place. (For example; where you are not in)
    The bailiff can charge a levy fee if they levy, but he cannot charge both amounts on the same occasion.

    Second visit fee: £18.00
    Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

    Attendance fee: Reasonable Costs
    The Statutory Regulations state the following:
    " one attendance with a vehicle with a "view to recovering goods aftera levy has been made"
    The maximum number of removal/attending to remove/enforcement fees that a bailiff may charge is two. However for the second visit then goods must have actually been removed.
    Many bailiff companies will attempt to charge an "Enforcement Fee". This is the same as an attendance/removal fee.

    I am providing this link as perhaps this will explain the confusion surrounding this matter,
    http://www.bailiffadviceonline.co.uk/bailiff_facts.htm

    This is also the site I found the above information.





    Comment


    • #47
      Re: Urgent advice needed re marstons distress warrant

      Puff,
      Thanks for that. I have already put they can charge a fee only on attendance. The £85 is chargeable anyway.

      The dispute is whether this is legally correct, but until we have definitive proof it is not, the LB line will always be to err on the side of caution to protect the poster.

      I suggest strongly we leave this lie now until it is resolved definitively through the FOI and case law. I am certainly saying no more as the answer has been said several times now.
      Last edited by labman; 23rd September 2012, 13:16:PM. Reason: Can't spell whether, put wether lol!

      Comment


      • #48
        Re: Urgent advice needed re marstons distress warrant

        Thanks for the link Puff, it is an excellent resource of upto date information, I can recommend it, second only to this one of course.
        I am not sure but I would bet the line taken by these in regards to the issue here would be roughly along the same lines as Tomtubby: copied earlier.

        D

        Comment


        • #49
          Re: Urgent advice needed re marstons distress warrant

          I think we are all agreed that fee fraud is a major problem. However, violence on the part of bailiffs towards debtors is beginning to catch up. That does concern me.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #50
            Re: Urgent advice needed re marstons distress warrant

            May I suggest a new thread for that discussion to put the nasties behind us :beagle:

            Comment


            • #51
              Re: Urgent advice needed re marstons distress warrant

              BB can you please PM me the link to your petition so I can show future posters, or is it closed now?

              Comment


              • #52
                Re: Urgent advice needed re marstons distress warrant

                Ok I'm closing this thread unless the OP specifically asks for it to be opened again. I will also start a new thread for you all to discuss matters on http://www.legalbeagles.info/forums/...717#post284717

                Please try to behave and keep it friendly.

                Comment

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