Bailiff charges

[ian stapleton]

Having paid off my council tax direct to the council, Rossendales Bailiff keeps sending me council tax demands which are actually there exagerated charges. Do I contact the Police regarding these fraudulant Council tax demands or take legal action my self?

[Johnboy007]

Re: Bailiff charges

Having paid off my council tax direct to the council, Rossendales Bailiff keeps sending me council tax demands which are actually there exagerated charges. Do I contact the Police regarding these fraudulant Council tax demands or take legal action my self?

Before you take any action Ian, there are a couple of points to consider.
1, Did you pay your council tax before, or after getting the summons from the council?
2, How much are the charges being asked for by the bailiff company?

If you paid the council direct, after getting a summons / order, then you are liable for the bailiff's charges.
The council send an enforcement order to their bailiffs.
Enforcement of that order then takes effect, usually by you recieving a letter from the bailiff company.
The charge for this is £75.00 plus the council tax and any court fees owed.
If you do not contact the bailiff company, or do not pay the amount owed, it goes to enforcement stage.
The cost for this, is an additional £235.00.
If a bailiff takes control (seizes) any of your goods and sells them, another £110.00 fee is charged.
So do your arithmetic and see how much they should have charged you.
If you believe that the bailiff company have not carried out their duties properly, or you believe you have been overcharged.
Contact the council who issued the enforcement notice and ask them to put the warrant (order) on hold and investigate your complaint.
Send all letters by recorded and signed for post (costs under £2.00), or email.

[ian stapleton]

Re: Bailiff charges

Before you take any action Ian, there are a couple of points to consider.
1, Did you pay your council tax before, or after getting the summons from the council?
2, How much are the charges being asked for by the bailiff company?

If you paid the council direct, after getting a summons / order, then you are liable for the bailiff's charges.
The council send an enforcement order to their bailiffs.
Enforcement of that order then takes effect, usually by you recieving a letter from the bailiff company.
The charge for this is £75.00 plus the council tax and any court fees owed.
If you do not contact the bailiff company, or do not pay the amount owed, it goes to enforcement stage.
The cost for this, is an additional £235.00.
If a bailiff takes control (seizes) any of your goods and sells them, another £110.00 fee is charged.
So do your arithmetic and see how much they should have charged you.
If you believe that the bailiff company have not carried out their duties properly, or you believe you have been overcharged.
Contact the council who issued the enforcement notice and ask them to put the warrant (order) on hold and investigate your complaint.
Send all letters by recorded and signed for post (costs under £2.00), or email.

The questionable area is that on their demands it says council tax arrears, I have paid the couincil direct. Shouldn't they have to go to a civil court to reclaim any fees they think they are owed and not claim it is council tax arrears?

[Johnboy007]

Re: Bailiff charges

That is what they are pursuing, council tax arrears.
If the council have issued a warrant to the bailiffs, then the council can no longer accept direct payment.
If they do, then they usually pass the money to the bailiffs.
The bailiffs have to follow procedures to lawfully enforce the warrant and collect money or goods from the debtor.
Fees are as previously stated.
The bailiffs must collect the amount of the debt, minus what they have received from the Council, minus any money that is collected from the sale of goods seized.
They then pay the council the amount of the debt, which they were instructed to collect, arrears of council tax in your case.
Only by doing it this way, can a bailiff company enforce the warrant as instructed.
You are entitled to ask the bailiff company for a break down of the amount they are demanding, including a breakdown of their costs.
Do it straight away to avoid further action.
Send letter by recorded and signed for post.

[ian stapleton]

Re: Bailiff charges

Johnnyyboy 007,thaks for your views.however the council are saying that there are no outstanding arrears on my account.surley rossendales are acting fraudulantly trying to recover there money by saying I still owe council tax?

[Johnboy007]

Re: Bailiff charges

Not so mate, if you paid the council after they issued the warrant.
They will still be entitled to their costs, and will have to pursue you for them.
So it's a game of wait and see what they do now.
Remember, they have no power of entry into your home.
Until this is settled, keep your car in the garage or somewhere unobtrusive.
Saves a lot of hassle.

This is from the 2014 Taking Control of Goods (fees) act..

Fees and disbursements not recoverable where enforcement process ceases

17. (1) The enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable.

(2) Paragraph (1) does not apply where the enforcement power ceases to be exercisable because the debtor has paid the amount outstanding or that amount has been recovered from proceeds or otherwise.