I have been disputing Jacobs' fees with my local council, one of my issues being that a Sch 5, Head H fee was added to my account at the time that the levy was drawn up (no removal action taken yet). I raised this with my local council and they said, I quote: "Jacobs dispute your interpretation of the £49.00 fees listed. This comprised £24.50 as a first visit fee and a fee of £24.50 charged under schedule 5, header H as you state. This can be charged when goods are seized (i.e. a levy takes place but the bailiff does not have to physically remove and store goods in order to raise this fee). The fee was introduced through legislation in 2003." Now, schedule 5, header H: "Where no sale takes place by reason of payment or tender in the circumstances referred to in regulation 45(4): eithers - (i) £24.50 or (ii) the actual costs incurred, to a maximum of...." This would suggest to me that the bailiff must have acted on the levy and then I must have settled the amount in full before the goods are sold? Am I completely wrong here or can they not charge me this fee until then?

I just found the other part of the letter that was stuck through my door the other day - I was charged £90 seemingly for coming to my house to collect payment. In fact it says: "we have left this FINAL NOTICE before REMOVAL ACTION". "REMOVAL 48 HOURS" Presumably that means they didn't come to take my stuff on that day, so how can an £80 fee be justified... Can it??? Also, they left me notice they'd be coming on the 11/9, but they didn't, which my MP, council, etc. all know, so does that mean that they cannot return to take the goods until they notify me again that they will be coming?

This is the best way to do it, as the payment can't be refused then, plus you have receipts. If you couldn't pay online for any reason, your mum should take a witness with her when she visits the council and if they refuse to accept the payment plan, she should ask the council to sign a statement saying so. If they refuse to do that, then the witness can sign it as having witnessed the council refuse. If you don't answer the door to the bailiff and ignore them, it should be referred back to the council anyway. Don't sign anything and maybe, if you want to be clear, send the bailiff's office a letter saying you refuse them entry to your premises and that if they re-visit, then you shall take action against them for trespass.

Well it's only been quarter of an hour so far, however they've already been once for the purpose of attending to remove and probably charged a fee for that and since they can't charge me for a second visit without actually removing them, I'm expecting they may show up. I've raised the issue with my MP, as you suggested Hallowitch, who has passed on my case to the Head of Revenues and to the Director of Resources at local council. Hopefully I should hear back from them soon, even though it may not be in time to stop the bailiffs getting in.

What happens if the bailiffs don't turn up at the time they specify, when they are coming to remove goods??

I love this... Just been taking a closer look at my statement of account. Under "payments", it says that I paid £ 50 by giro on the 20th July and that a receipt was not issued. On the contrary, I paid the £50 in cash on the day (14th July), before the levy was carried out! And I have a signed receipt that proves so! Does this suggest to anyone else that they know the levy fee is wrong and they are trying to cover it up?

Appeals in connection with distress 46.—(1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court. (2) The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved. (3) If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 45(7). (4) If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity. What is meant by "irregular" here? Could I use this in any way? Also, thanks hallowitch, you've been a great help so far and I will indeed take up the matter with my MP first thing in the morning, as you suggested. I may also try ringing my local council to advise them of the fact that the bailiff is seemingly applying the Sch5 fee before or at the time of levying distress, which I'm sure is illegal and that as they are essentially "employing" the bailiff, it is their responsibility to deal with my complaint. Don't know if that will encourage them to take my case back or whether it will just aggravate them further. I'm sure they have a vendetta against me!

Just out of interest, what if the bailiffs didn't attend at the specified time, but then came later in the day and the person was absent. Could they essentially suggest that the person was not in at the time notified? Sounds like shaky ground to me that...

Unfortunately the £370 was me settling last year's tax. I was just explaining how I got into the mess in the first place. I did however pay them £50 before he drew up the list as he told me that was the only way he could do a payment schedule. I thought the levy fee was right, however, should the 50 therefore have been deducted before he wrote out the levy? plus, from what I can gather, I was charged a Sch5 fee right from when the bailiff came to levy on my goods: (From my "notice of seizure of goods & inventory"/wpa) Outstanding: 1049.56 Levy: 55 WP fee: 12 Other fees: 49 Now since, I could only have been charged for the one visit, that would mean that I'd already been charged an extra 24.50. Seemingly, now I have the breakdown, this is because of the Sch5 fee. Given that I requested the breakdown, they must have seen that the Sch5 fee had been applied and that it was wrong. Surely that's malpractice on their part? I shudder to think how many other people Jacobs may be defrauding this way. 24.50 x all the people they're hitting for council tax would amount to quite a sum I imagine!

Does that mean the bailiffs are acting unlawfully? Should I file a complaint and can that stop them enforcing the WPA for the time being? Unfortunately none of the goods are on HP, or else I'd have put a stop to it already. I've already been in touch with the council but they say they will not do anything because I've had trouble paying in previous years also (although they know this is because I went self-employed last year and despite the fact that I have no arrears outstanding in relation to previous years) and my local councillor has said she can't do anything either for the same reason and just asked if I had dependents or if I was entitled to any benefits etc. I'm pretty much out of options now I think, which is a shame as I've been bullied all the way through by the bailiffs and now by my council too...

Well I have finally received notice of attendance to remove the goods from the house and they will be attending tomorrow at 12.30 pm. I have received a statement of account from them detailing the charges and have a query in this regard. The statement is as follows: Debt: 1049.56 Visit fee 1: 24.50 Sch 5 Head H: 24.50 Walking possession: 12.00 Levy fee: 55.00 What is the "Sch 5 Head H" charge? Another query that I have is that I was visited by certificated bailiff "Mr BT" who made me sign a WPA, but now I am being visited by bailiff "Mr SA" to enforce the WPA. Is this legal? Many thanks in advance for any advice!

Can you expand on this? Removing from the property is prohibited by the WPA isn't it?

I thought there was a difference between forcing entry and breaking and entering?? I have no intention of opening or leaving open any doors/windows for them to get in! Also what guidelines are there regarding damage caused to property by bailiffs?

What about this as letter to put a halt on the bailiff's action for the time being? I understand that Durham County Council has appointed you to recover my Council Tax Liability arrears for the year 2009/10 in the amount of £1049.56. Firstly I would like to make you aware that I am fully aware of my rights and that I am fully aware of the fees allowed under statute and when these fees can be applied. I believe the fees added to my account to be incompatible with current legislature and I believe that your bailiff therefore acted in contravention of OFT guidelines, as well as various sections of the Consumer Protection from Unfair Trading Regulations 2008. Further to this, the agreement stipulated that a payment card would be sent to my premises, by means of which to settle future payments. I would like to receive a full explanation of why this card was evidently not forwarded to my address. Please also send an itemised statement of account that clearly shows the amount of the liability order and the charges that have been added, as well as a breakdown of what these charges denote, including dates and times of any visits etc. You are required under statute to supply this information and I look forward to receiving this as soon as possible and no later than within 14 days. I hereby give notice of my intention to suspend fulfilment of my obligations to Jacobs under the Walking Possession Agreement, effective immediately, until such time as the foregoing has been fully investigated and I shall, in the meantime, liaise with the council with regard to satisfying my current arrears. In view of the above, please note that I will also be sending a copy of this letter to my local council and will request that it be filed with my account for further reference and consideration. I look forward to your timely reply by letter.

Nobody got ANY advice?