Unfair enforcement fee applied

[peace]

Hi, I'm really hope to be guided in some way I'm at my wits end with this crap.


Ok so I didn't pay my December and January council till 29th jan (due beginning on the month), I received a reminder dated December 18th and no further notices or demands.


I then received a liability order dated for the 27th jan which was received after I made the above payment and wasn't reflected on the amount owing. I completed the info to pay by instalments the amount outstanding (about£100).


I never received anything back so made a payment for feb of £55.


Stupidly I didn't make the last payment of £50 due at the beginning of march (travelled out of the country and just simply forgot). I got an enforcement notice from jbw on April 14 for 215 plus 75 compliance fee.


I called the council first and queried the amount owing and offered to make payments. She refused and told me I had to deal with the bailiffs but she would make a request for a correction to the amount owing to take account of the 55 payment in feb.


I contacted the bailiffs and explained the situation and paid 140 plus there 75 fee.


I then received a letter from jbw saying I still owe 75, when I called they said it was actually 20 I owe. I didn't have any spare money at all so I said I would call at the end of the month of may to pay.


Again stupidly completely forgot about this 20 untill I receive some text messages from JBW saying my account will shortly be issued to an enforcement officer on the 12 and 17 June . I contacted them on 17 and I was informed that an officer had visited so I now needed to pay 235 plus the £20 outstanding.

I have paid the outstanding £20 debt but still have these charges to deal with, any help would be greatly appreciated!

Of note the first two letters they sent were for incorrect amounts

[Wombats]

Re: Unfair enforcement fee applied

Just to be clear, BEFORE APRIL 6TH had anyone attended for the purpose of levying distress, but was unable to do so?

As I can't see mention of this in your post I'll assume they didn't (please correct me if I'm wrong).

You then state you received a Notice of Enforcement. This should have given you seven clear days (excluding Sundays) in which to either come to a payment arrangement or actually pay in full. There would have been a date and time by which you had to do this.

So, when did you receive the NOE? What date was on it? What was the date and time by which you had to settle the amount or come to an arrangement?

At any stage has an Enforcement Officer visited your property?

[peace]

Re: Unfair enforcement fee applied

The NOE was dated 11/04 for 215 plus 75 fee. (Initial liability order was 27th jan, they probably waited for there pretend more stricter rules in place to apply the NOE). I paid £215 and believed the council error would account for the rest. I contacted them after receiving a letter stating I still owe £75, I was then told the council had made a correction and I owed £20 which I said I would pay at the end of the month being May. I forgot untill I received a text on the 12th and 17th saying they would shortly issue the account to an enforcement officer. I called on the 17th to pay the outstanding amount but they added over £200 in fees for an apparent visit by an EO on the 11/06. I received there letter on the 18/06 informing me of such.

Dont they have to leave a letter to prove they visited the property?
I was willing to pay and already paid a substantial amount yet an enforcement visit was necessary?
Is there any requirement for them to send accurate information in there letters regarding amount owing?

[Wombats]

Re: Unfair enforcement fee applied

Peace,

Sorry to be a pest, but could you answer ALL the questions in post 2 please. I'll put them as separate questions so it's easier.

1. BEFORE APRIL 6TH had anyone attended for the purpose of levying distress, but was unable to do so?

As I can't see mention of this in your post I'll assume they didn't (please correct me if I'm wrong).

You then state you received a Notice of Enforcement. This should have given you seven clear days (excluding Sundays) in which to either come to a payment arrangement or actually pay in full. There would have been a date and time by which you had to do this.

2. So, when did you receive the NOE?

3. What date was on it?

4. What was the date and time by which you had to settle the amount or come to an arrangement?

5. At any stage has an Enforcement Officer visited your property ( this would have been April 6th or after as q1 covers up to April 6th)?

Thanks. :beagle:

[peace]

Re: Unfair enforcement fee applied

[QUOTE=Wombats;444000]Peace,

Sorry to be a pest, but could you answer ALL the questions in post 2 please. I'll put them as separate questions so it's easier.

1. BEFORE APRIL 6TH had anyone attended for the purpose of levying distress, but was unable to do so?

As I can't see mention of this in your post I'll assume they didn't (please correct me if I'm wrong).

You then state you received a Notice of Enforcement. This should have given you seven clear days (excluding Sundays) in which to either come to a payment arrangement or actually pay in full. There would have been a date and time by which you had to do this.

2. So, when did you receive the NOE? 25/04/14 might have came earlier

3. What date was on it? 11/04/14

4. What was the date and time by which you had to settle the amount or come to an arrangement? 23/04/14

5. At any stage has an Enforcement Officer visited your property ( this would have been April 6th or after as q1 covers up to April 6th)? Yes they said they visited on the 12/06/14

My issue is that a visit was not necessary I had not ignored any letters and paid most of the balance already remainder £20 that was outstanding after the council added my payment I already made to the account. In addition they left no letters and someone was in all day.

[Wombats]

Re: Unfair enforcement fee applied

My issue is that a visit was not necessary I had not ignored any letters and paid most of the balance already remainder £20 that was outstanding after the council added my payment I already made to the account. In addition they left no letters and someone was in all day.

The problem you have is this:

Ok so I didn't pay my December and January council till 29th jan (due beginning on the month), I received a reminder dated December 18th and no further notices or demands.


then .............


Stupidly I didn't make the last payment of £50 due at the beginning of march (travelled out of the country and just simply forgot). I got an enforcement notice from jbw on April 14 for 215 plus 75 compliance fee.

then .....................

Again stupidly completely forgot about this 20

I have paid the outstanding £20 debt but still have these charges to deal with

The Transitional Regulations are clear and the fees have been applied accordingly. The council will look at your account as one of several hundred and see the above - didn't pay, didn't pay, forgot, forgot, etc.......

I'm honestly not having a go or making judgement, I've had 4 LO's against me at one stage, so I'm hardly in a position to do so.

It was understandably passed for enforcement and they have ramped up the fees as Enforcement Agents (bailiffs) like to do.

My questions were to try to ascertain whether or not the fees applied were lawful or not. The £75 depends on what happened prior to April 6th. The £235 depends on what happened after April 6th. You say your issue is a visit wasn't necessary. The EA's obviously felt it was, even if only to charge you a further £235.

Without you answering the questions it is impossible to say whether the fees have been correctly applied. I appreciate amounts were incorrect due to late payments not having gone through the system. The issue of paperwork is also relevant.

Clearly it is your decision whether or not you answer the questions, but it is difficult to help without knowing the facts. That's all I'm trying to get. :beagle:

[bizzybob]

Re: Unfair enforcement fee applied

peace, when assessing what advice to give certain questions need to be asked, as one size most definitely doesn't fit all, there are similarities and commonalities in a situation but each one is unique, and the questions asked are fairly standard across LB, what is certain is that if there was no pre existing levy on your goods prior to April 6th, they can apply the new rules as in a £75 compliance fee, then an Enforcement Stage fee of £235. However you still do not have to let them in to take control of anything, which is why they will target a car, any car.

If you provide the information requested by other Beagles, you can be given the most appropriate advice for your situation.

[Wombats]

Re: Unfair enforcement fee applied

peace, when assessing what advice to give certain questions need to be asked, as one size most definitely doesn't fit all, there are similarities and commonalities in a situation but each one is unique, and the questions asked are fairly standard across LB, what is certain is that if there was no pre existing levy on your goods prior to April 6th, they can apply the new rules as in a £75 compliance fee, then an Enforcement Stage fee of £235. However you still do not have to let them in to take control of anything, which is why they will target a car, any car.

If you provide the information requested by other Beagles, you can be given the most appropriate advice for your situation.

NO! This isn't actually what is said in the new regulations and yours is a common mistake.

If, prior to April 6th, a bailiff has attended premises for the purpose of attempting to 'levy’ distress but he was unable to do so, then the action already taken by him would constitute the "compliance stage" (which from 6th April will be £75).

However, for Council Tax, the enforcement company will not be able to charge this fee to you (of £75) and instead (and this is very important) he can only charge the appropriate fee as outlined in the relevant statutory regulation in force at the time of the attendance.

For future actions he'd be able to charge the enforcement fee of £235.

If the bailiff had 'levied upon goods' before 6th April then he may continue to enforce the relevant debt using the applicable fee scale.

I hope this clarifies things for you. :beagle:

[bizzybob]

Re: Unfair enforcement fee applied

Thanks Wombats, noted, yes of course you are right if he had called twice and applied the First and Second VIsit fees, a total of £42.50, that would count as the Compliance Stage, and not apply the £75, that's not to say they won't try to if they think they can get away with it.