Bailiffs demanding fees after debt is paid

[michael the mouse]

Re: Bailiffs demanding fees after debt is paid

Update 07/03/13

The council have acknowledged my complaint, send the standard reply about getting back to me within ten days. I had also sent a letter to Rundles on the same day stating that a formal complaint had been made, that I did not accept liability for fees they could not substantiate and that they were in danger of a breach of Section 2, Protection from Harassment Act 1997 if they continued their current course of action.
Surprise surprise, this has been ignored and they have sent yet another "Notice Of Intended Proceedings" letter, exactly the same wording as their last one.

[bluebottle]

Re: Bailiffs demanding fees after debt is paid

Update 07/03/13

The council have acknowledged my complaint, send the standard reply about getting back to me within ten days. I had also sent a letter to Rundles on the same day stating that a formal complaint had been made, that I did not accept liability for fees they could not substantiate and that they were in danger of a breach of Section 2, Protection from Harassment Act 1997 if they continued their current course of action.
Surprise surprise, this has been ignored and they have sent yet another "Notice Of Intended Proceedings" letter, exactly the same wording as their last one.

They are also likely to be in breach of Section 2, Fraud Act 2006 and, possibly, Section 21, Theft Act 1968, too. If they cannot or will not substantiate their fees or it is blindingly obvious the fees being demanded are fraudulent, report this to Trading Standards without delay. Charging for work not carried out is something TS Departments take a dim view of.

[CleverClogs]

Re: Bailiffs demanding fees after debt is paid

They are also likely to be in breach of Section 2, Fraud Act 2006 and, possibly, Section 21, Theft Act 1968, too. If they cannot or will not substantiate their fees or it is blindingly obvious the fees being demanded are fraudulent, report this to Trading Standards without delay. Charging for work not carried out is something TS Departments take a dim view of.

But will they prosecute?

[bluebottle]

Re: Bailiffs demanding fees after debt is paid

But will they prosecute?

They normally give them an opportunity to back down before wielding the Big Stick. Prosecution is a last resort. However, if a business comes to the attention of TS repeatedly for the same matter or similar, then, prosecution will be considered. Don't forget that it costs the taxpayer at least £2,000 per guilty plea at a magistrates court and a minimum of £10,000 for same at a Crown Court.

[CleverClogs]

Re: Bailiffs demanding fees after debt is paid

They normally give them an opportunity to back down before wielding the Big Stick. Prosecution is a last resort. However, if a business comes to the attention of TS repeatedly for the same matter or similar, then, prosecution will be considered. Don't forget that it costs the taxpayer at least £2,000 per guilty plea at a magistrates court and a minimum of £10,000 for same at a Crown Court.

In other words, they won't prosecute - ever.

And the buggers know that.

[bluebottle]

Re: Bailiffs demanding fees after debt is paid

In other words, they won't prosecute - ever.

And the buggers know that.

Not necessarily. TS try persausion first, then, "Behave or we'll insert the toe of our boots up your gluteus maximus." Don't forget that DG OFT has the sanction of High Court injunctions (Stop Now Orders). Prosecution will only be considered where there is a risk to the public or a large number of complaints have been received and all other means of making the miscreant business toe the line have failed.

[CleverClogs]

Re: Bailiffs demanding fees after debt is paid

Not necessarily. TS try persausion first, then, "Behave or we'll insert the toe of our boots up your gluteus maximus." Don't forget that DG OFT has the sanction of High Court injunctions (Stop Now Orders). Prosecution will only be considered where there is a risk to the public or a large number of complaints have been received and all other means of making the miscreant business toe the line have failed.

OK, but when one considers how long bailiffs have been inventing fees and making invalid levies, one must surely wonder if the Office of Faffing and Twaddling is respected by bailiffs who seem to think they may do as they please.

[king946]

Re: Bailiffs demanding fees after debt is paid

I am in the same situation only that the DDDC took out a court order with me, and I have paid the council tax but not the bailiffs fees and as such they want there money, but all of this was 12 months ago when I paid the tax and now out of the blue on thursday I got a mobile phone call from bailiffs or debt collectors as I don't know who ? Saying that they are to call round to sieze the listed items on the walking possession order how ever I have never signed one or seen and I have seen a artical saying bailiffs can't use the court order to get there fees as it's in the name of the council and not the bailiffs company name ? So any advice would be gratefull, I also know that it is possible for companies to buy debt up and wonder if they have done the same with these fees as the impression I got from the conversation was what a cowboy out fit ?.

[CleverClogs]

Re: Bailiffs demanding fees after debt is paid

Did you let the varmints into your residence or did they levy distress on something outside such as a motor car or garden furniture?

[king946]

Re: Bailiffs demanding fees after debt is paid

As far as I am aware they were not let in the house as for levy of distress it's horse box, car outside and probably a few house hold items that can be seen through window but no walking possession order or signed one by me left ?

[ploddertom]

Re: Bailiffs demanding fees after debt is paid

Never mind what you think they may have levied on what does the Notice of seizure say that they left?

[king946]

Re: Bailiffs demanding fees after debt is paid

From what I can work out car, horse box, and house hold items but what house hold items I don't know as I havn't got a list that they said they had left ?

[king946]

Re: Bailiffs demanding fees after debt is paid

The fees is £239 ?

[ploddertom]

Re: Bailiffs demanding fees after debt is paid

From what I can work out car, horse box, and house hold items but what house hold items I don't know as I havn't got a list that they said they had left ?

Is this because they did not leave a list? If they did not gain entry then there is no way they can add items by looking through a window.

[ploddertom]

Re: Bailiffs demanding fees after debt is paid

The fees is £239 ?

Have you asked for a proper breakdown of this?