What Should I Be Looking For? What Help Can I Give A Member?

[BeagleyBailiff]

The single best place I have seen this summarised is HERE (LINK)

In order best to help fellow members, we can help them check statutory notices are correct, contain the correct information and suggest what to do if things are not as they should be. The guide above lists this exceedingly well and I have no intention of trying to better their work here.

Assuming everything is as it should be, we need to be encouraging debtors to be engaging with the Enforcement Agents at the earliest possible opportunity.

People will arrive here at varying stages. Nevertheless, it is important that once things have been thoroughly checked to ensure adherence to statutory notices, they need to engage with the EA as soon as possible in order not only to avoid further costs for themselves, but the real possibility of their goods being removed and sold.


Links to Citizens Advice
What is a bailiff?

Explains what a bailiff is, when bailiffs can be used to collect debts and the difference between a bailiff and a debt collector

Avoiding bailiff action

Tells you what you can do to avoid bailffs taking action to recover debts, before they are officially ordered to act.

Bailiff has issued you with a notice

• Dealing with a bailiff's notice - where to start
• Bailiffs' notices
• Checking a bailiff's notice is correct
• How bailiffs are authorised to act

Stopping bailiff action

• Stopping bailiff action - your options
• What could happen if you don't stop bailiff action
• Disputing the debt
• Making a payment offer
• Problems making an offer to the bailiff
• Applying to court to stop bailiffs

Bailiff due to visit - what to do

• Does the bailiff have the right to visit?
• Do you have to let the bailiff into your home?
• Keeping a bailiff out of your home - top tips

Letting a bailiff into your home

• How can a bailiff enter your home?
• When can a bailiff visit?
• Can a bailiff force entry?
• Flats, houseshares, outbuildings - bailiff access
• Bailiff in your home - what to expect
• What happens if bailiff doesn't get in

Your belongings and bailiffs

• What goods can a bailiff take?
• Giving belongings to other people
• Where can bailiffs take belongings from?
• How much should the bailiff take?
• How a bailiff takes control of your belongings
• Getting your belongings back

Removal and sale of your belongings

• Valuing your belongings
• Selling your belongings
• Belongings don't sell - bailiffs
• Sale of belongings doesn't raise enough

Bailiffs' fees and charges

• Fees bailiffs can charge
• Checking charges are correct
• Charges are wrong
• Debt increased due to charges and fees

Complaining about bailiffs

• How to complain about bailiffs
• Vulnerable people - treatment by bailiffs
• Harassed by a bailiff
• Rules bailiffs must follow
• Bailiffs trade organisation

[josephbloggs]

Re: What Should I Be Looking For? What Help Can I Give A Member?

"Assuming everything is as it should be, we need to be encouraging debtors to be engaging with the Enforcement Agents at the earliest possible opportunity."


Well said! completely agree with this part of your post, although i can think of a few posters who might not agree with it! At the end of the day, if people start or carry on paying the council direct, they are 100% going to get hit with a £235 visit charge, therefore we need to be encouraging instant contact for an arrangement!

[Amethyst]

Re: What Should I Be Looking For? What Help Can I Give A Member?

We really should be encouraging people to make an arrangement before any enforcement agent is instructed in the first place. But then I guess people don't tend to look for help until the bailiff's have been threatened or after the first visit.

[Sir Vere Brayne d'Emmidge]

Re: What Should I Be Looking For? What Help Can I Give A Member?

We really should be encouraging people to make an arrangement before any enforcement agent is instructed in the first place. But then I guess people don't tend to look for help until the bailiff's have been threatened or after the first visit.

It is possible that a lot of people who have debts also suffer from struthionemitis, which is a compulsory disorder forcing the suferer to bury one's head in the sand.

[wales01man]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Some Debtors are so in debt that they have no way of getting out!
I 100% agree that the debtor in the case of any debt especially those where a Bailiff can be involved sets up a payment plan with the Council or court before Bailiffs are involved .

No matter how hard Councils and bailiffs try they cannot get blood out of a stone payments must be taken by AOE or AOB at the first opportunity I believe that would cost £100 for the debtor somewhat better than the £235 payable to the Bailiff

[BeagleyBailiff]

Re: What Should I Be Looking For? What Help Can I Give A Member?

That is true Wales. Equally these debtors will incur legitimate fees whether or not we like it. Those fees will be added to any total of an earnings or benefit attachment. For most debts we see on this site (not all) the initial fee will be that of the Compliance Stage -ie- £75.00. If posters post up for help at this stage, the advice should be to encourage them to engage with the EA's as soon as paperwork has been checked (see CAB link).

If members post up once it has gone to the Enforcement Stage, as many who cannot face the position they are in may do, then we must encourage engagement still, while accepting as fact the fees are charged legitimately.

I do not believe many intentionally try to avoid paying EA's. I believe many people are simply scared and are unsure what to do or where to turn. It is often the arrival of bailiffs that triggers them into action. Comments about intentionally burying their heads are not helpful or constructive.

[Amethyst]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Is it possible to make a list of what fees can be charged and when - ie. if you contact after a letter warning but before first visit .... after first visit .... etc - or is the system still too complex for that?

[BeagleyBailiff]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Compliance Stage - £75.00 fee - seven clear days to contact EA and discharge debt or agree repayment.

After seven days £235.00 fee charged on first visit (the EA has a period of 12 months in which to make this visit). So until EA visits, the fee is still £75.00. Once the first visit takes place a further £235.00 is applied to the account. This fee covers all EA action up to, but not including, the commencement of the sale or disposal stage.

The sale or disposal stage - fee £110.00 - this comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation 14 of the Act).

Please remember for the Enforcement and Sale or Disposal Stages, there is an addition 7.5% of the sum of the debt added for any amount over £1500.

I hope this answers your query. This does not relate to High Court Writs where it is similar, but fees are in accordance with THIS.

[Amethyst]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Thankyou. So just to be straight;

Letter warning of bailiff visit pending, costs you £75 added to the debt. (so debt + £75 total)

If you ignore and a bailiff visits you then you have another £235 added to the debt (so total debt + £310). If you aren't in and the bailiff has to come around again, then it's included in the first visit charge so debt doesn't increase further.

Let a bailiff in and they take an inventory then it's still the £235 added debt +(£310 total)

If they remove goods then still only the £235 (so debt + £310 plus the goods value of course)

If they sell the goods then they can add £110 (so debt + £420 plus the goods value). If the debt is over £1500 then they can also add 7.5% of the debt at this stage?

[BeagleyBailiff]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Thankyou. So just to be straight;

COMPLIANCE STAGE

Letter warning of bailiff visit pending, costs you £75 added to the debt. (so debt + £75 total)

ENFORCEMENT STAGE

If you ignore and a bailiff visits you then you have another £235 added to the debt (so total debt + £310). If you aren't in and the bailiff has to come around again, then it's included in the first visit charge so debt doesn't increase further. Correct

Let a bailiff in and they take an inventory then it's still the £235 added debt +(£310 total) Correct - the inventory must be very detailed.


If they remove goods then still only the £235 (so debt + £310 plus the goods value of course)

If they sell the goods then they can add £110 (so debt + £420 plus the goods value). If the debt is over £1500 then they can also add 7.5% of the debt at this stage?

The part in blue is not quite correct. The Sale (or Disposal) Stage commences with the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, and lasts until the completion of the sale or disposal of the goods.

There are other additional fees which are legitimate to charge known as disbursements. These can be found HERE and HERE . Obviously it is impossible to quantify these disbursements exactly.

There are also 'exceptional disbursements' which would only serve to confuse things if mentioned now.

[Amethyst]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Okay so if they remove any goods it's an automatic £110 on top, so that could be at the first visit if they actually remove goods at that point ?

[bizzybob]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Okay so if they remove any goods it's an automatic £110 on top, so that could be at the first visit if they actually remove goods at that point ?

Yes it could be, and then they can charge almost what they like for storage, in the case of a vehicle £25 - £30 per day seems to be the average plus VAT of course.

[BeagleyBailiff]

Re: What Should I Be Looking For? What Help Can I Give A Member?

Okay so if they remove any goods it's an automatic £110 on top, so that could be at the first visit if they actually remove goods at that point ?

Technically yes it is covered HERE. This is just one of the areas which is potentially open to abuse by EA's. It is very much against the spirit of the regulations and I would need to check if there is anything in the new guidance, though as always, guidance is just that, not legislation. Unfortunately two other areas of contention come into play here. Firstly the avenues for complaint are not easy. Secondly, there is no independent body overseeing the industry, and there is much debate over self-regulation.

ADDITION:
I have now checked the guidance and there is a lot in there about the fact that both creditors and bailiff companies should have very clear complaints procedures in place. However, it is only guidance, and these complaints procedures are nothing new. Whether or not they have been revised substantially or will work better than the old ones remains to be seen.