Baliff Van Abortive Move Fee

[lw72]

Re: Baliff Van Abortive Move Fee

I don't mind paying the £38 if need be to put the whole thing to bed, but not the Van fee.
In your opinion should I pay the £38 + £24.50, and is this best cleared now, or wait for the letter 1 response to come back first, based on the fact that I only got the fee breakdown yesterday, provided from b&s's computer systems from the council advisor?

[bizzybob]

Re: Baliff Van Abortive Move Fee

I don't mind paying the £38 if need be to put the whole thing to bed, but not the Van fee.
In your opinion should I pay the £38 + £24.50, and is this best cleared now, or wait for the letter 1 response to come back first, based on the fact that I only got the fee breakdown yesterday, provided from b&s's computer systems from the council advisor?

I would pay them £24.50 and let them prove the rest, as they didn't leave a Notice at the required time, ie when they allegedly levied, if they levied, post up what they say, and Beagles will help you snap at their ankles and help them do the right thing.

[CleverClogs]

Re: Baliff Van Abortive Move Fee

I sent letter 1 by email last night, but given that the letter they sent me dated 28th Feb demanded payment within 7 days, should I pay the £24.50 or £42.50 today before they have given me a response to the letter? If so, with my understanding from the breakdown of fees the council provided me with yesterday:

• Van/Abortive removal fee - £230
• Redemtion Fee - £24.50
• Levy Fee - £38.00

I assume It's £24.50 I need to clear, not £42.50?

My personal opinion is that, as Bristols and $hitheads got greedy and incorrectly sought to charge you for levying distress and a redemption fee, they should not receive any fees at all - it is generally accepted that nobody should derive any material benefit from their misdeeds.

The reason I suggested paying £42.50 to the council was solely to cover you should the momzer bailiffs try to claim one or more visit fees as well.

Additionally when they did visit, according to a neighbour they have taken car registration details. I'm concerned that they may come back and try and take the car. Where do I stand on this.

Don't stand on it.

You'll scratch the paintwork.

[CleverClogs]

Re: Baliff Van Abortive Move Fee

If you pay the levy fee, you should not need to pay a visit fee as well.

[bizzybob]

Re: Baliff Van Abortive Move Fee

If you pay the levy fee, you should not need to pay a visit fee as well.

Maybe offer the clowns the Visit fee only, and let them prove the rest, i think you were generous allowing for a second visit fee. Bristols & Stupid, are out on a limb with this one, so a bite to the ankle should bring them to the floor.

[lw72]

Re: Baliff Van Abortive Move Fee

Don't stand on it.

You'll scratch the paintwork

LOL!!!!

Right, I've just made a payment for 62.50 which is more than enough to cover two visits and also covers 1 visit and a levy fee(even though one was never taken out)

the payment was made on-line, so they won't know what i've paid but it won't take a genius to work it out.

Shall I now just sit and await either a reply to letter 1, or another knock on the door, or should I write to them explaining what I have paid and what I dispute

[labman]

Re: Baliff Van Abortive Move Fee

I'm with CC here. Be safe and pay the £42.50 just in case. As he says, as long as you can afford it now, the worst that will happen is you'll have made an early payment to next year's Council Tax so will be in credit.

If they do claim the fees from the council, at least £24.50 of which they are entitled to, then the money is there to pay them.

They can charge for two visits without having done anything - these two visit fees amount to £42.50. We can send letters if you want, to put them to proof of these visits, and we can send letters if you want, to try to reclaim the £42.50 IF they claim it (I suspect they won't). Equally we can pursue the matter of them even trying to get away with charging unlawful fees if you want, but I fully understand if you just want to put it behind you.

The ball is in your court really, but if you can afford to, pay the £42.50 just in case - look at it as an insurance policy!

Let us know what you want to do re the bailiffs, any decision is fine - there is no right or wrong, it's just what you feel you want to do.

[lw72]

Re: Baliff Van Abortive Move Fee

Cheers Labman,
As I've mentioned I've paid £62.50.

In the meantime, do you advise sending a letter to explain the payment i.e. not paying for van, or just await their response from letter 1 or a knock on the door!

[labman]

Re: Baliff Van Abortive Move Fee

I'd wait for a reply to the request for a fee breakdown - it will be interesting to see what they dream up. Whatever the come up with, post it up here and we'll have a look at them to see how many are lawful and how many aren't.

[bizzybob]

Re: Baliff Van Abortive Move Fee

You have covered the bases, sit back and wait to see what they put on the breakdown.

[lw72]

Re: Baliff Van Abortive Move Fee

Hi Guys,

Had a reply back from B&S re Letter 1. Please see below:

We acknowledge receipt of your recent email in respect of the above.

We would advise that our bailiff attended your property on 21/02/13 at 09:22 as we were instructed by our client to collect the outstanding balance incurring costs for which you are liable. As you will see from the statement attached for your reference, the balance we were instructed to collect was £407.00. The bailiff that attended your address was Mr G Craig who was certificated at Worcester County Court on 23/01/12.

The fees incurred have been charged in accordance with the Council Tax (Administration & Enforcement) Regulations 1992 (as amended) for the bailiff attending your property to secure the debt by levying against goods at the property and remove the items.

Following receipt of the payments you have made directly to our client, your current balance is £292.50. We are prepared to allow until 13/03/13 to receive the £292.50 to clear the outstanding balance.

Failure to comply with the above will result in further recovery action and you will then be liable for any additional fees incurred.

Please be aware that if you wish to correspond with us electronically in the future, you must do so using the facility available in the ‘my account’ section of our website.

We trust this clarifies the situation.

Yours faithfully
Bristow & Sutor

STATEMENT

Date:	Total:		Fees:		Client:			Description:
	407.00		0.00		407.00			Opening Balance
21/02/13	230.00	CR	230.00	CR	0.00			Van/Abortive Removal Fees: 21/02/13
21/02/13	24.50	CR	24.50	CR	0.00			Redemption Fee (Head H): 21/02/13
21/02/13	38.00	CR	38.00	CR	0.00			Levy Fee: 21/02/13
22/02/13	90.00		0.00		90.00			Paid Direct: 21/02/13
25/02/13	317.00		0.00		317.00			Paid Direct: 22/02/13
	292.50		292.50		0.00			Current Balance

A Payment of 62.50 has been made which is not reflected in the above

The Payments on the statement for £90 and £317 were paid directly to the council.
I have received next years council tax statement and my arrears balance is shown as £0.00

So, to summarise, they had fees of £292.50, I have paid £62.50 and that leaves £230.00 which they are charging which appears to be for the van.

Could you please advise me of where I stand and what action I should take now. They are demanding payment immidiately.

Once again, thanks for the help so far.

[ploddertom]

Re: Baliff Van Abortive Move Fee

In my view and have to be honest have re-read your thread quite quickly so may have missed a bit.

On 21/02/2013 theyattended your address and have levied on goods. I see nowhere that you say you have been given a Notice of Seizure (Form 7) - a legal requirement at the time of seizure which must list in full the goods seized & the charges they have made for doing so. On the same date they have charged a Redemption Header H Fee of £24-50 despite a recent LGO Report condemning this practice. They have also charged a Van Fee at the same time which is another fault on their behalf. The Bailiffs hope you will give up and not pursue this - they no damn fine well theyare overcharging and it is good they written to about this.

As the Council are 100% responsible for the fees and actions of their agents then it is to them you must turn for a resolution. You should write a letter of complaint to the Council advising
1 - the Bailiffs are claiming to have made a levy on 21/02/2013 but left no Notice of Seizure - a legfal requirement
2 - they are charging a Redemption Fee contrary to LGO Report about Blaby Council http://www.lgo.org.uk/news/2012/jul/...iliff-charges/ - link to document is top right of page
3 - they have charged a Van Feealso at the same time but seemingly have no levy and if they did had not given time to be able to make payment.

Of course there is a good chance the Council will defer to the Bailiffs and say they have nothing wrong. Strangely this may be good for you as it will only strengthen your case against them. have you contacted your local Councillor(s) and asked hem to intervene?

[lw72]

Re: Baliff Van Abortive Move Fee

Thanks ploddertom,

Would you mind casting your eyes over the letter I have drafted below to ensure I've covered all bases.

I request that you investigate the fees charged by your agent, Bristow and Sutor, who you are 100% responsible for, and remain wholly liable, specifically the points detailed below:

1. Why Bristow and Sutor have charged for a levy 21/02/2013 but left no Notice of Seizure - a legal requirement
2. Why Bristow and Sutor have charged a redemption fee contrary to LGO Report about Blaby Council (See enclosed document for your reference)
3. Why Bristow and Sutor have charged a van fee seemingly at the same time as the levy fee(disputed, see point 1) , which even if they did have a levy, provided no time for me to make a payment.

I have enclosed a statement of Bristow and Sutor fees for your reference.

As per your complaints procedures, I look forward to your response within 10 working days.

Please feel free to send any further questions you think would be beneficial, or any references to any laws :thumb:
Finally, would you suggest I send it to the complaints department, or as per other threads I've read, send it straight to the CEO?

[CleverClogs]

Re: Baliff Van Abortive Move Fee

Tweaked:

"I request that you investigate the fees charged by your agent, Bristow and Sutor, for whom you are 100% responsible and for whose actions you remain wholly liable, specifically the points detailed below:"

The complaints department will probably just parrot inane nonsense about the bailiffs being perfectly justified to charge as they might please, or some such drivel. You might get better sense from the CEO or his pet monkey.

[bizzybob]

Re: Baliff Van Abortive Move Fee

Yes indicate the councils 100% liability for any unlawful fees, actions, and other naughtiness by Bristols & Stupor, as their agent, through Vicarious liability, both joint and several, so they cannot dismiss nor wash their hands of any issie with the actions of B & S