Am I entitled to reclaim charges

[keef82]

Re: Am I entitled to reclaim charges

It looks like the bailiff has charged for a 1st visit fee, levy fee & ATR fee all on the same visit.

Tut tut Greg-very naughty.

Did Greg leave an inventory of goods seized? ie your car. Did your wife sign any agreement with Greg? Was a car actually outside when he called or were you out at work with it?

No wonder Equita don't want debtors to settle their debts straight away like Keith attempted to-Why would they when there is a potential to charge £200 for a 10 minute visit? Nice work if you can get it.

No, there was no inventory, there was also no goods seized as I paid for the fine after he delivered the letter to my wife. Yes the car was there outside the house, but it was parked on the street, it could have belonged to anyone on the street.

[Guest]

Re: Am I entitled to reclaim charges

No, there was no inventory, there was also no goods seized as I paid for the fine after he delivered the letter to my wife. Yes the car was there outside the house, but it was parked on the street, it could have belonged to anyone on the street.

OK-For clarity, you have not been "fined", you have been charged fees.

Council tax regulations allow for either a "visit" fee under Head A of Schedule 5 or a "levy" fee under Head B. Both fees CANNOT be charged for the same visit, it must be one or the other.

I would contest the validity of the Attendance fee on two fronts. Firstly, it was not completed because the debtor (you or your wife) were not present at the time that the levy was made-In order to complete seizure, the bailiff must make the debtor aware of the purpose of his visit and also his intentions. You suffered what is commonly referred to as a "drive by levy". Bailiffs work on commission so the quicker (s)he can get to the next job, the more commission is earned. This encourages short cuts as is seen in your case but it also makes the levy open to challenge as it has not been conducted properly. If that is not enough, the bailiff has failed to leave any paperwork, notifying you of seizure.

Secondly, a bailiff should not levy and charge an attendance fee on the same visit. If he has turned up with a "view to levy" then clearly he cannot have turned up with a "view to remove". There has to be a gap between the two actions. If he did have any real view (intention) to remove then why was the vehicle not removed?

The correct fee for the bailiffs visit would be £24.50 under Head A as the levy was not completed. Certainly the attendance fee should be removed even if the levy was valid.

[keef82]

Re: Am I entitled to reclaim charges

Who at Manchester City Council fed you that load of crap? It is unlawful for them to refuse to accept a payment.

Is this true, because my wife has a separate debt, I am trying to help her pay it off. I would like to deal only with the council but the debt is with Equita, they keep telling her she has to pay the debt through Equita. Is it her legal right to pay the council directly?

[bizzybob]

Re: Am I entitled to reclaim charges

Is this true, because my wife has a separate debt, I am trying to help her pay it off. I would like to deal only with the council but the debt is with Equita, they keep telling her she has to pay the debt through Equita. Is it her legal right to pay the council directly?

Yes it is it is unlawful for the council to refuse a tendered payment Use the online payment facility and print a receipt.