hi everyone how are you? I need some help claiming back phantom bailiff fees?

[freshnutter]

Hi everyone, I will try to keep this short :tinysmile_grin_t:

My partner was paying council tax arrears to rundles since last year up untill recently when I requested a breakdown of their fees.
The first visit of 24.50 is legitimate I think but the other fees of 18.50 for second visit, 110 van fee and 49 levy fee and 1.00 charge for using debit card are not legitimate because no levies have been made or sighned and no bailliff has ever entered the property intact I was out on all occasions.
Iv been reading this forum and sent emails to bailiffs, police,oft,civea and council reminding them all of the fraud act distress for rent etc and demanded a refund of all fees from the council and bailliffs, even asked bank for chargeback forms like you guys have said in previous threads.
Im not sure what to do next though....small claims track, form 4? Any advice will be much appreciated and thank you.
Ed

[charitynjw]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Hi freshnutter, & welcome to Legal Beagles

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Thanks for the lightening reply but I didn't quite catch that =0)?

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Hi alsation and thank you =0)
Any advice on my first post?
Would be much appreciated.

[charitynjw]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Hi everyone, I will try to keep this short :tinysmile_grin_t:

My partner was paying council tax arrears to rundles since last year up untill recently when I requested a breakdown of their fees.
The first visit of 24.50 is legitimate I think but the other fees of 18.50 for second visit, 110 van fee and 49 levy fee and 1.00 charge for using debit card are not legitimate because no levies have been made or sighned and no bailliff has ever entered the property intact I was out on all occasions.
Iv been reading this forum and sent emails to bailiffs, police,oft,civea and council reminding them all of the fraud act distress for rent etc and demanded a refund of all fees from the council and bailliffs, even asked bank for chargeback forms like you guys have said in previous threads.
Im not sure what to do next though....small claims track, form 4? Any advice will be much appreciated and thank you.
Ed

Hi

Just an observation - you haven't stated that your partner stopped paying the fees.
Did he/she receive an LO?
Further Steps?
What do you think the significance is in the fact that you requested a breakdown of fees?
Whose fees? & why/how did you request them?

[bluebottle]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

With CT, all fees bailiffs can legitimately charge are regulated by the Council Tax (Administration & Enforcement) Regulations 1992 (as amended).

As far as the fees go, if Rundles have only paid you one visit and one visit only, they can only charge a 1st visit fee of £24.50. If a further visit was made, the 2nd visit fee is £18.00. A levy fee can only be charged if they have a valid and lawful levy and a van fee can only be charged if they have a valid and lawful levy and are using a van to remove goods for sale by public auction. No levy, no van fee. The debit card fee is not provided for under the aforementioned legislation and cannot, therefore, be charged. The truth is Rundles have obtained or attempted to obtain a potential £160.00 - £178.50 in unlawful fees.

When did you send an email or letter to Rundles requiring them to repay all unlawful fees and how long did you give them to repay?

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Hi bluebottle,
I emailed them yesterday to demand a refund on 204.00 including card fees I said. 14 days and my partner's already paid them.
I didn't know they charged for these fees untill I got a breakdown of their stupid charges and yes it's.for a liability order from council my partner has stopped paying rundles and.we're waiting for the case to be.transferred back to council.

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Hi alsation I requested the breakdown of fees and all transactions with rundles. I done it because I my partner paid a lump sum at the beginning of her payment plan with rundles I wanted to know what it was for because im nosey. I would like to know how to claim through the small claims track and file a form 4 if they don't refund my partner. Were also on benefits and I would like to know how to use the ex160 form to reclaim court costs thanks

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Hi bluebottle,
I emailed them yesterday to demand a refund on 204.00 including card fees I said. 14 days and my partner's already paid them.
I didn't know they charged for these fees untill I got a breakdown of their stupid charges and yes it's.for a liability order from council my partner has stopped paying rundles and.we're waiting for the case to be.transferred back to council.

[ploddertom]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Hi everyone, I will try to keep this short :tinysmile_grin_t:

My partner was paying council tax arrears to rundles since last year up untill recently when I requested a breakdown of their fees.
The first visit of 24.50 is legitimate I think but the other fees of 18.50 for second visit, 110 van fee and 49 levy fee and 1.00 charge for using debit card are not legitimate because no levies have been made or sighned and no bailliff has ever entered the property intact I was out on all occasions.
Iv been reading this forum and sent emails to bailiffs, police,oft,civea and council reminding them all of the fraud act distress for rent etc and demanded a refund of all fees from the council and bailliffs, even asked bank for chargeback forms like you guys have said in previous threads.
Im not sure what to do next though....small claims track, form 4? Any advice will be much appreciated and thank you.
Ed

Have you checked what the Council say are due compared to what the Bailiff says? You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

Just because you were out when a Bailiff called does not invalidate further fees. The list of fees you have, do you also have dates that go with them? You mention a levy fee - do you have a Notice of Seizure?

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

I have checked the only outstanding LO is 110 less than what rundles are are trying to make us pay, also I have dates for the fees rundles charged my partner. The fees are exactly this: visit 1 -24.50, visit 2 -18.50, van/attendance fee-110 and a levy fee of 49.00. I thought they can't charge for levys without a walking possession?

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Sorry and no notice of seizure.
Iv just realized there is a difference of 110.00 between the LO and what rundles are saying iv got to pay them, but the charges I listed above my partner has already paid. sounds strange to me, maybe their making it up.
Thanks ploddertom

[ploddertom]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

You need to challenge them on the levy fee. I don't doubt they will say the Bailiff left a Notice of Seeizure and would imagine he has just chosen a random vehicle parked nearby but we'll face that one if it crops up.

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Isnt it down to the bailliff to prove reasonable costs and if he did use someone else's vehicle he is at fault for not checking with the dvla?

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Does failure to check with the dvla constitute and invalid levy ?
Also I would like some advice on a chargeback form. I am having one sent to me in the next few days and would like to know what to put. Something along the lines of:

The merchant demanded fees that were fraudulent and committed an offence under
the fraud act 2006? I know it sounds a bit plain iv only been researching since yesterday