Bailiffs demanding fees after debt is paid

[michael the mouse]

Forgive me if this has already been asked, I couldn't see this particular issue answered.

Rundles Bailiffs delivered a letter over a month ago saying they had come to seize goods for unpaid council tax and would return in 48 hours, I did not call them but instead spoke directly with the council to make payment arrangements. Conversation went something like this :

"I'm calling to make payment on council tax ref xxxxxxxx"
"There's nothing we can do, this has been passed to the bailiffs"
"Have they bought the debt?"
"......(pause)......No they haven't"
"Ok, then it's you I owe the money to and it's you I'll pay"
"There's nothing we can do, this has been passed to the bailiffs"
"Are you refusing to take my payment?"
".....(pause again)......something something bailiffs"
"I am not refusing to pay, however I am refusing to deal with your bailiffs. You own the debt and I will pay you."
etc etc
They eventually caved in and I managed to clear the council tax debt in a couple of days. The council confirmed in writing that the account was clear, and the bailiffs had been informed, however on their letter they stated that the bailiffs would still chase for their fees.
A month went by with no word from either party and I thought nothing of it until yesterday when a letter arrived from Rundles saying that £118.50 remains unpaid and they'd return in 48 to seize goods. Usual threatening tactics such as "the law allows me to remove your posessions in your absence".

I'm assuming this is their fees as the council tax debt is cleared. My question is do they still have to be paid even though the debt is now clear? Bailiffs in this area are using ANPR to locate and clamp vehicles regardless of where they are parked so I really do not want to go through the expense of that. I will be writing to them today - do not want to deal with them on the phone - but worried that they'll be back before they get my reply.

Thanks in advance.

Re: Bailiffs demanding fees after debt is paid

I'm on my phone

You'll fall off. :grin:

can someone else please explain and link to the Coventry thread for why?

Certainly.

Last week, the numbskulled numpties of Newlyn plc threatened bankruptcy proceedings over an alleged debt of £42.50.
Celestine convinced the oafs that they were mistaken.

If you provide the data requested, she'll be able to tell Rundles to trundle off.

http://www.legalbeagles.info/forums/...for-%A342-50!!

Re: Bailiffs demanding fees after debt is paid

I'll put a call in to the Council to see where that complaint got to. They did acknowledge receipt of the complaint so I know they got it.
Not that it'll make any difference as far as those pig-headed oafs are concerned of course.....

It may, when you refer the matter to the Local Government Ombudswoman.

[Celestine]

Re: Bailiffs demanding fees after debt is paid

Can you PM me your name, address and ct ref number please?
im on my phone so excuse brief message :/
can someone else please explain and link to the Coventry thread for why?
cheers x

[michael the mouse]

Re: Bailiffs demanding fees after debt is paid

I'll put a call in to the Council to see where that complaint got to. They did acknowledge receipt of the complaint so I know they got it.
Not that it'll make any difference as far as those pig-headed oafs are concerned of course.....

Re: Bailiffs demanding fees after debt is paid

I have the feeling that they may soon be sent away with their tails between their legs...

Re: Bailiffs demanding fees after debt is paid

Rundles can do none of those.

They cannot have you committed to gaol without a court hearing wherein you will explain that the CT has been paid in full and that Rundles are now seeking payment of what they allege to be their fees. This may cause the judge to dislike Rundles.

They cannot obtain a charging order on your house.

They certainly cannot make you bankrupt for anything less than £750.

They're all mouth and Bangladeshi sweat-shop trousers.

As for the complaint, have you tried chasing it up?

[michael the mouse]

Re: Bailiffs demanding fees after debt is paid

So after several months of inactivity this issue has reared its ugly head again. Since my last post I was sent another couple of "notice of intended proceedings" standard issue BS, claiming arrangements had been made to seize good in 2-3 days, none of these threats were ever made good on and all went quiet.

The following letter has now arrived from Rundles :

~~~~~~~~~~~~~~~~~~~~~~~~~
TAKE FORMAL NOTICE:

BANKRUPTCY, CHARGING ORDER OR COMMITTAL TO PRISON

Council Tax due to Medway Council

I write to inform you that if I do not hear from you within the next 7 days, I will have to consider taking further instructions from our Client with regards to one fo the following possible actions.

-Apply to the Court to have you committed to prison.
-If you are a homeowner, apply to the Court for a Charging Order to be registered against your property.
-Commence Court proceedings to have you declared bankrupt, and have your assets, including your home, handed to the Official Reciver.

Any of these actions may add further, substantial costs to your bill.

~~~~~~~~~~~~~~~~~~~~~~~~~


To recap:
Liability to Medway Council was paid directly to Medway Council, they confirmed in writing that no council tax is due.
Rundles, clearly upset that they cuoldn't get their snouts in the trough, have been chasing for £180 - presumably their charges, however all their communication has been regarding £180 of "Council Tax Debt due to Medway Council".
They have failed to substantiate these claims for fees, simply saying that notes on their system say they made several visits, when in fact no indication of any visits was ever received other than the hand-delivered letter saying they'd turned up with a van.
They have been informed multiple times that no council tax debt is due, they have never visited my property since (to my knowledge) and seemingly ignored my quite clear statements that I do not accept liability for fees they cannot substantiate.
A formal complaint was sent to the Council, this was acknowledged but never responded to.

I really don't know what else to do here.

[king946]

Re: Bailiffs demanding fees after debt is paid

As far as council are concern the case is closed as debt has been paid so now it's just bailiffs and me, as have had the council ombudsman ring me up as told them what a cowboy firm they are and they have offered to represent me on my behalf so all I am now going to do is fill a complaint form in send to council and stupid bailiffs and write to my MP as well, so let the muppets have some hassel as for me just going to sit back and see what they all say and keep doors locked.

[ploddertom]

Re: Bailiffs demanding fees after debt is paid

Just phoned council and apparently I should have paid the bailiffs there debt owing and not council ? As now I have to phone Bristow and Sutor up now to sort out the fee ? Any advice as I am hung and quartered !!!!!!

Are the Council refusing what you have paid? Are they going to refund you?

Re: Bailiffs demanding fees after debt is paid

If they did levy distress, they must have left a Form 7 (Notice of Seizure) on which the items levied upon must be itemised. Do not accept any drivel about such a Notice costing an additional fee - they are required by law to provide such a Notice. It is also proof that they have sought to levy distress.

If they listed items within the house that they espied through the windows, that is known as a "constructive levy" and is illegal. Please see page 5 of the attached file and also http://www.lawgazette.co.uk/news/rat...orough-council

Re: Bailiffs demanding fees after debt is paid

Just phoned council and apparently I should have paid the bailiffs there debt owing and not council ? As now I have to phone Bristow and Sutor up now to sort out the fee ? Any advice as I am hung and quartered !!!!!!

That is simply the standard BS (stercus bovi) that the Council droids have been programmed to say.

It is not, however, actually true.

Bailiffs are known to add all manner of "fees" and "charges", most of which are not quite lawful - and bailiffs from Bristols & Hooters are no better than anyone else. The attached file tells you the lawful charges that may be imposed.

[king946]

Re: Bailiffs demanding fees after debt is paid

Just phoned council and apparently I should have paid the bailiffs there debt owing and not council ? As now I have to phone Bristow and Sutor up now to sort out the fee ? Any advice as I am hung and quartered !!!!!!

[The Cosmic Connection]

Re: Bailiffs demanding fees after debt is paid

I would have reported them in to plod as prowlers, hopefully they would get a nice night in the cells to cool off.

If the Great Dane and Mastiff had knocked them over and the Jack Russell nipped them in the nether regions, I expect any coppers who attended would have wet themselves laughing. Typical coppers' warped sense of humour.

[bizzybob]

Re: Bailiffs demanding fees after debt is paid

No. They will probably turn up looking like the Michelin Man. These numpties should not have been prowling around at that time of night. They can't say they didn't know they shouldn't be. It's a pity the Great Dane and French Mastiff didn't knock them flat on their arses and the Jack Russell give them a swift nip in the gonads.

I would have reported them in to plod as prowlers, hopefully they would get a nice night in the cells to cool off.