Bailiff charges pre april 2014

[ZippyHG]

I was recently visited by Phoenix collections whose bailiff was pursuing a liability order for Council Tax from 2003.

The amount was from when i split from my previous partner, june 2003, and i have not lived at the previous address since then. The order was made in june 2003, and the first visit i recieved was in january 2014!

Now i have no problem with the order i owe what i owe. but i think they may have overcharged there fees.

Please could someone give some indication if i am right to pursue.

The liability balance was for £285.46, on the bailiffs arrival she was kind enough to allow me to pursue the matter with the council first and left leaving me a letter stating the total amount due was for £526.46. There was no breakdown and all requests for this were not forthcoming.

This would make there charges £241! and after writing to the local council i recieved a response form Pheonix showing a limited brekadown, These are:

1. Levy fee £32
2. Attendance Van (where no removal takes place) £210

In the response letter they have also stated that they issued a "Notice of seizure" on my vehicle. There was no discussion about seizure, and i have had no copy of this notice. The vehicle is currently under a finance agreement so therefore is 3rd party property so it would be wrong to levy on this vehicle. No conversation took place about the vehicle so therefore it was not possible for her to levy on it? Payment was made after conversation with the council, the same day, no van was ever outside, as the bailiff arrived, i believe, on foot!

Would i be correct in challenging these charges or should i just "suck it up"

any advice gretafully recieved

ZippyHG

[Guest]

Re: Bailiff charges pre april 2014

Yes-You should most definitely challenge these fees.

You should write a formal complaint to the CEO of your council.

Advise exactly as you have written in your post. Emphasise that at no time did the bailiff mention seizure, no time did she invite you into a walking possession agreement and that she did not leave with you an inventory of goods. In addition, by not even mentioning the vehicle during her visit, the bailiff failed to ascertain that the vehicle was on HP so could not have been levied upon in any case. Within your letter, enquire if the council permits its agents to remove goods prior to giving them an opportunity to pay the debt? If it does then the bailiff could not have charged the van fee.

A visit fee would have cost you £24.50 and this is the correct fee you should have been charged. You require the levy fees and van fees to be removed and replaced with a first visit fee.

[ZippyHG]

Re: Bailiff charges pre april 2014

Hi i have already raised a formal complaint which they state they can see no error in the charges!

The repsonse from Phoenix was that they see no error in the charges


I have requested a copy of the seizure notice and will see if that appears!

Thanks

ZippyHG

[bizzybob]

Re: Bailiff charges pre april 2014

As above Formal Complaint marked as Second Stage, and you can intimate in it that you wil escalate to Stage Three and on to the LGO if Phoenix for which they are wholly liable jointly and severally, carry on being muppets you will then go to the LGO.

[Guest]

Re: Bailiff charges pre april 2014

Then write back and ask if the council encourage or permit bailiffs to remove goods without giving debtors a chance to pay the debt. Tell them this letter should be taken as a stage 2 complaint prior to you asking the LGO to intervene.

You have informed both the council & its agents that the vehicle is on HP and neither appear to be interested. You are now giving the council one final opportunity to address this matter.

You also need sight of the Inventory of goods seized

I take it the formal complaint was to the council? Its not worth bothering asking Phoenix the time of day let alone asking them to investigate a complaint.