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

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

    Originally posted by Wombats View Post
    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.

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

      Originally posted by The Starving Taxpayer View Post
      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.

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

        Originally posted by Wombats View Post
        I don't believe that is what you actually think.
        It is difficult to know what this poster thinks, it seems to depend which forum he is posting on.

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

          Originally posted by The Starving Taxpayer View Post

          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.

          This seems a little at odds with what you said yourself only 3 days ago on GOODF:

          Butterfingers wrote:

          "Before this visit, you should have had a letter from B&S entitled "Notice of Enforcement". The bailiff is then allowed to visit between the hours of 6am to 9pm, including Sundays.

          Any communication with B&S should be recorded or preferably in writing, copying Leicester council in.

          You will probably have been charged £75 for the notice of enforcement and £235 for the visit today. Your choice now is whether to accept these charges and enter into a payment plan or continue to resist, hoping for the debt to be returned to the council. This could technically take up to a year, during which time, the bailiff can visit at any time. If you have anything of value outside like a car or caravan, these can be removed and sold."

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

            Originally posted by andy58 View Post
            It is difficult to know what this poster thinks, it seems to depend which forum he is posting on.
            Sorry - crossed post, but similar sentiment.

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

              Originally posted by The Starving Taxpayer View Post
              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.
              Could we have links or evidence of these "several debtors" please, i can provide links to the ones who have been pursued for additional fees after trying this for you if you like for comparison. Could you link to this case where the judge had difficulty with this part of the legislation also please i seem to have missed it also. Wouldn't be form the same source by any chance

              Being asked to pay the lawfully required fee to the bailiff is akin to being beheaded ?

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

                Originally posted by Wombats View Post
                Sorry - crossed post, but similar sentiment.
                LOL split personality disorder you think

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

                  Incidentally int that a FMOTL forum ?

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

                    Originally posted by andy58 View Post
                    Incidentally int that a FMOTL forum ?
                    Not any more apparently. I'm told (though I haven't checked personally) that all mention of FMOTL have been removed. The three letter approach etc... is still spouted though, so I guess the answer to your question is yes.

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

                      Originally posted by andy58 View Post
                      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.
                      Someone giving out advice like that needs to stop and think. It is well established that if the debt is returned to the council, the fees 'die' - they cannot be collected. If the bailiff wants to try to pursue them in a civil case, that's up to them.

                      Starving T has hit the nail on the head - resist all approaches by the bailiff, never let them in, never speak to them and eventually they will give up. All fees then die. (Ah, shame).

                      It's what I did! Then entered into an affordable repayment with the council direct.

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

                        Originally posted by Wombats View Post
                        This seems a little at odds with what you said yourself only 3 days ago on GOODF:
                        why is it at odds?

                        Contrary to Andy's belief, I rarely advise debtors on what to do, merely giving them options so as to make an informed decision (Andys options are "pay or else")

                        In that particular post, I advised the debtor he/she could either pay up or resist them. If memory serves me right, the debtor chose to resist them-An option not available if you lot would have advised.

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

                          Originally posted by andy58 View Post
                          Incidentally int that a FMOTL forum ?
                          I think a lot on there are FMOTL. I was accused of being a bailiff on there last night but before you get your nickers in a twist, your heroine also posts on there from time to time.

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

                            Was that under the new regulations? Which council?

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

                              Originally posted by andy58 View Post
                              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.
                              You think wrong.

                              You really need to stick to debt advice-You're actually pretty good at that. Why you've suddenly decided to act like you're an authority on bailiffs is beyond me, especially when its clear that you don't really know much.

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

                                Originally posted by The Starving Taxpayer View Post
                                I think a lot on there are FMOTL. I was accused of being a bailiff on there last night

                                That makes me smile. How could anyone think you're a bailiff?

                                Comment

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