Business rates and excessive bailiff fees for 1 visit -help please

[noidea82]

Re: Business rates and excessive bailiff fees for 1 visit -help please

Hi
I tried to update my last mesg but it didn't seem to work so apologies if the following appears twice
we had another letter from the council today - says they've investigated our concerns with the bailiffs and they can confirm that they can charge a van fee and levy fee on the same day.
Then says that a walking possession form( we didn't sign anything) was left with us on the day the bailiff visited,and a list of goods was made.
There was definitely no walking possession form left nor a list of goods. He only left a handwritten receipt and a sealed envelope containing a letter headed up 'bailiff removal' , which gave ways of paying and said that we needed to contact him to pay( which presumably he would have posted through the door had he not be able to enter the premises)

[ploddertom]

Re: Business rates and excessive bailiff fees for 1 visit -help please

In other words they have contacted the Bailiffs and this is actually their reply because the Council don't understand the Regulations. Have you also contacted your local Councillor(s)?

[noidea82]

Re: Business rates and excessive bailiff fees for 1 visit -help please

Hi
no we haven't contacted our local councillors yet.
I was under the impression they couldn't charge a levy fee and van fee on the same occasion- is this correct, and is there a statutory regulation or similar that I can refer them to?
My other question is - even assuming that he had left a walking possession form and list of goods( which he definitely did not leave) why would that be needed when he was paid in full during that one visit with cleared funds ?

[ploddertom]

Re: Business rates and excessive bailiff fees for 1 visit -help please

The idea of the Bailiff attending is to levy distress on your goods, he must then allow you a period of time in which to pay - how long this period of time is is debatable. He cannot just turn up as;
a - he doesn't know if he will be able to gain entry
b - he doesn't have a clue as to what type of goods you have
c - how can he turn up with a suiable vehicle if he doesn't know the answers to a & b.

In my view they are trying it on as they will think you do not know what is being charged for and most small businesses are used to being ripped off. You need to challenge what goods were levied and demand a copy of the levy notice - it is a lawful requirement this is left at the time the seizure of goods is carried out. The Walking Possession is irrelelvant as it was not signed unless they are claiming you or a responsible person has signed it.

[EagerBeagle]

Re: Business rates and excessive bailiff fees for 1 visit -help please

Bailiffs cannot charge a VAN fee, "ATR" fee or "porterage" without a levy on goods. Paragraph 62 of Complaint numbers 95A01890 and 95A04826 against London Borough of Ealing the Local Government Ombudsman decided the bailiff is not entitled to charge a van fee when no goods have been levied.