Problem with unfair/made-up bailiff fees.

[labman]

Re: Problem with unfair/made-up bailiff fees.

Did they levy last year?

[7CS]

Re: Problem with unfair/made-up bailiff fees.

I think so, on my car - Which wasn't here when they came last week (though I do still own the same car).

[charitynjw]

Re: Problem with unfair/made-up bailiff fees.

If a bailiff has levied illegally, or is claiming for fees to which they are not entitled (ie fee for removal of goods without a valid levy in place), could they be reported to ActionFraud?

http://www.actionfraud.police.uk/rep...rime-questions

[Sir Vere Brayne d'Emmidge]

Re: Problem with unfair/made-up bailiff fees.

If a bailiff has levied illegally, or is claiming for fees to which they are not entitled (ie fee for removal of goods without a valid levy in place), could they be reported to ActionFraud?

http://www.actionfraud.police.uk/rep...rime-questions

Of course, and they will also lose the certificate

[7CS]

Re: Problem with unfair/made-up bailiff fees.

Right folks, a little update.

I've spoken to the collections office at the council, and asked them all the questions in Labman's post, and they have promised to get back to me ASAP by email with details on liability orders.

I then called the council again, and asked them if I paid the £1,119, would this settle my debt with them. They confirmed that none of this money would be paid to the bailiffs, and that I would need to make an arrangement with the bailiffs for their fees. They have now given me verbal confirmation (I recorded the call) that my debt with the council is settled and are sending a receipt by post. I also have a receipt/payment reference number.

With all this in mind, can I now take my time investigating the bailiff's fees without worry of them taking my car?

[labman]

Re: Problem with unfair/made-up bailiff fees.

The rules state that bailiff fees are payable first. Look at the CAB site - they state that if it goes as far as selling goods at auction, the bailiffs take their fees, then anything left goes towards the debt.

I would be very cautious, as whoever you spoke to at the council had clearly misunderstood the regulations. :beagle:

[labman]

Re: Problem with unfair/made-up bailiff fees.

If a bailiff has levied illegally, or is claiming for fees to which they are not entitled (ie fee for removal of goods without a valid levy in place), could they be reported to ActionFraud?

http://www.actionfraud.police.uk/rep...rime-questions

Yes - indeed the new regulations, linked from Useful Links in the Bailiff Guide, states they should be.

Of course, and they will also lose the certificate

However, herein lies the problem. You go to Action Fraud and I suspect they will do absolutely nothing. I would love to be proven wrong. :beagle:

[7CS]

Re: Problem with unfair/made-up bailiff fees.



What would you suggest is my next move?

I've already called B&S this morning to ask for a breakdown of the fees. They said the file hasn't yet been returned to the office and advised me to call the bailiff directly.

[labman]

Re: Problem with unfair/made-up bailiff fees.

Sorry, trying to remember too many peoples' issues. Have you sent this yet? If not, send it recorded delivery so you know they've received it:

http://www.legalbeagles.info/forums/...Useful-Letters


Letter 1. :beagle:

[7CS]

Re: Problem with unfair/made-up bailiff fees.

Sorry, trying to remember too many peoples' issues. Have you sent this yet? If not, send it recorded delivery so you know they've received it:

http://www.legalbeagles.info/forums/...Useful-Letters


Letter 1. :beagle:

Thank you Labman, I'll send that today.

Should I hear from the bailiff in the next day or two, how should I proceed?

[labman]

Re: Problem with unfair/made-up bailiff fees.

Tell them you've sent of for a breakdown of fees as you want to check their legitimacy before paying them - please suspend action for the moment.

I'd email the council to say you have done this as well, and don't expect any further charges while disputing the fees.

[7CS]

Re: Problem with unfair/made-up bailiff fees.

OK, I have an update to this now.

I called the council today and they confirmed verbally (after lots of pressing) that my balance with them is zero, and that there are no outstanding liability orders in my name. They have put this in writing, and I am awaiting the letter.

I logged into the B&S website again and sure enough it now says I only owe them £42.50 (I still think this is b*llocks as they've only been once, but I would pay it just to get rid of them.)

However, my main concern is now the following:

B&S claim that I owe them £296.00 from last time we fell into arrears (last year.) At that time, they levied my car, which unfortunately was parked on the drive, before I could pay the council the full amount I owed them. After that, it all went quiet. My worry now is that because they previously levied my car, could they return at any time and just take it?

I have emailed them twice using one of the templates to demand a breakdown of their fees, so until I get this I don't want to pay them a penny - but I'm also constantly worrying about the car.

I was under the impression they can't levy for fees only, but the levy was on the car before I paid the council. Also, I am aware that bailiff fees are supposed to be paid first, but surely if the council say my liability orders are settled then that's that?

[bizzybob]

Re: Problem with unfair/made-up bailiff fees.

Take a screenshot of the B&S site showing the £42.50, then pay them, take another screen dump of the zero balance, then you have ammunition if they get silly.

[7CS]

Re: Problem with unfair/made-up bailiff fees.

Thanks, but what about the £296 from last year, which is on a separate account?

[ploddertom]

Re: Problem with unfair/made-up bailiff fees.

When you asked for a breakdown of Fees did you ask for a breakdown on ALL accounts they hold?