Bailiff £75 Compliance fee, do I have to pay it?

Re: Bailiff £75 Compliance fee, do I have to pay it?

unfortunately, you are wrong. Even your heroine stated recently that when the debt is returned to the council, the bailiff fees are removed.

Which way do you want it?

Pay the creditor direct minus the bailiff fees or;

Pay nothing to nobody until the debt is returned.

Makes no difference to me as either/or will do the trick.

I think you mean the authority does not have to pay them, there is a difference, the bailiff company may still claim fees or losses off any successful action made against the debtor, as may anyone who is owed money of course. More irrelevancies.

Re: Bailiff £75 Compliance fee, do I have to pay it?

What is crystal clear to one may not be to another, that's life.

There are of course parts of the new regulations which are a work in progress, there are discussions regarding many areas of the TCE which still need to be gone into and changed in one respect or another(as I know you are aware wombats), the issue under discussion on this thread though is not one of them, the only discussion on whether debtor can get out of paying fees through a perceived loophole is on certain forums. The regulations and legislation regarding this matter is pretty straight forward.

Re: Bailiff £75 Compliance fee, do I have to pay it?

I don't think anyone said the fees will be removed, just that they would not be paid by the authority, they would still I imagine be owed as part of the debt, carried forward for whatever enforcement method the authority felt was appropriate.

Bailiffs aren't the only sanctions for none payment of liability orders you know, there other measures for those who refuse to pay which are available.

unfortunately, you are wrong. Even your heroine stated recently that when the debt is returned to the council, the bailiff fees are removed.

Which way do you want it?

Pay the creditor direct minus the bailiff fees or;

Pay nothing to nobody until the debt is returned.

Makes no difference to me as either/or will do the trick.

Re: Bailiff £75 Compliance fee, do I have to pay it?

So a debtor would be better off not paying a penny to anyone, tell the bailiff to stick his LO where the sun doesn't shine & bank the money that he would have paid the creditor in a savings account.

When the debt finally gets returned to the council, the bailiff fees will be removed and the debtor can then pay the council the original debt (that he was prepared to pay at the time of enforcement) and pocket the interest accrued in the savings account.

Meanwhile the council have suffered an avoidable delay in obtaining funds.

You couldn't make it up.

I don't believe that is what you actually think.

Re: Bailiff £75 Compliance fee, do I have to pay it?

So a debtor would be better off not paying a penny to anyone, tell the bailiff to stick his LO where the sun doesn't shine & bank the money that he would have paid the creditor in a savings account.

When the debt finally gets returned to the council, the bailiff fees will be removed and the debtor can then pay the council the original debt (that he was prepared to pay at the time of enforcement) and pocket the interest accrued in the savings account.

Meanwhile the council have suffered an avoidable delay in obtaining funds.

You couldn't make it up.

I don't think anyone said the fees will be removed, just that they would not be paid by the authority, they would still I imagine be owed as part of the debt, carried forward for whatever enforcement method the authority felt was appropriate.

Bailiffs aren't the only sanctions for none payment of liability orders you know, there other measures for those who refuse to pay which are available.

Re: Bailiff £75 Compliance fee, do I have to pay it?

What is crystal clear to one may not be to another, that's life.

The very fact that the issue needs to be "clarified" suggests that it is anything but clear at present. A judge recently refused to determine on the correct interpretation, several debtors have paid directly and had fees written off yet the usual suspects are all claiming to do so is akin to risking being beheaded.

Re: Bailiff £75 Compliance fee, do I have to pay it?

So a debtor would be better off not paying a penny to anyone, tell the bailiff to stick his LO where the sun doesn't shine & bank the money that he would have paid the creditor in a savings account.

When the debt finally gets returned to the council, the bailiff fees will be removed and the debtor can then pay the council the original debt (that he was prepared to pay at the time of enforcement) and pocket the interest accrued in the savings account.

Meanwhile the council have suffered an avoidable delay in obtaining funds.

You couldn't make it up.

Re: Bailiff £75 Compliance fee, do I have to pay it?

What is crystal clear to one may not be to another, that's life.

Re: Bailiff £75 Compliance fee, do I have to pay it?

The law will be clarified somewhat in coming months which should help. :tinysmile_twink_t2:

But if its crystal clear as Peter is claiming, why the need to clarify it?

[Kati]

Re: Bailiff £75 Compliance fee, do I have to pay it?

No, what I mean is what I said. Had I meant otherwise, I would have written something different funnily enough. There is no script to follow - people say as they wish.

All any of us want to do here on LB is help/advise people in any way we can ... we all have different ideas and experiences which colour our opinions (and therefore our suggestions). It is for that reason (I believe) that so many people are helped through the forum :tinysmile_twink_t2:

Re: Bailiff £75 Compliance fee, do I have to pay it?

Bailiff fees will not be added to the amount owed on the LA systems.

Correct, hence me correcting my own post.

Oh we know it's happening, but should it be happening? What is the legal backing that allows enforcement to continue once the principal debt is paid? It shows that the bailiff is only interested in extracting as much in fees as possible.

They are a business, they are there to make money. It is not surprising they want to bump up fees - they have always tried to do this. Where there is a law, some will always try to find a way round it - that may be by trying to bump up fees by delaying the 7 clear days, or it may be by trying to avoid paying fees to which the EA is entitled. It seems to be fact that some always seek to circumnavigate the rules though. They test boundaries, push at them to see how far things can be stretched. That applies equally to EA's and to some offering 'help'.

Haha... what you mean is the same few interested parties will repeat the script.

No, what I mean is what I said. Had I meant otherwise, I would have written something different funnily enough. There is no script to follow - people say as they wish.

Re: Bailiff £75 Compliance fee, do I have to pay it?

Oh we know it's happening, but should it be happening? What is the legal backing that allows enforcement to continue once the principal debt is paid? It shows that the bailiff is only interested in extracting as much in fees as possible.

Yes the bailiff industry is a commercial operation and they are principally interested in making the most money possible, does this come as a revelation to you ?

Re: Bailiff £75 Compliance fee, do I have to pay it?

Bailiff fees will not be added to the amount owed on the LA systems.

Perhaps your right, so what ?

The La is still going to advise that bailiff what has been paid, the bailiff will still see that there is a shortfall, and take action to collect the difference.

These points you keep bringing up which you seem to think are so important really are just peripheral to the issue, the bailiff will collect all amounts outstanding as said many times.

Re: Bailiff £75 Compliance fee, do I have to pay it?

If someone comes onto LB for help, the vast majority of people will say the fees are to be paid.

Haha... what you mean is the same few interested parties will repeat the script.

Re: Bailiff £75 Compliance fee, do I have to pay it?

The thing is that this is not a theory, there are cases document OTR where people have paid the authority, and the bailiff have just continued to enforce for the fees, and the debtor has incurred further costs, so I really do not understand what the argument is about, this is what happens in the real world, whether or not someone understands the legislation involved is largely irrelevant.

Oh we know it's happening, but should it be happening? What is the legal backing that allows enforcement to continue once the principal debt is paid? It shows that the bailiff is only interested in extracting as much in fees as possible.