Council Tax paid online but bailiffs want money

[becka]

Unless they have actually made a levy (got a signed Walking possession agreement) they can't charge you anything other than the initial 24.50 & 18 whether they visit once twice or 6000 times

[wemouse]

Update

 

Thanks you all for your help,

 

Becka - I havn't signed anything, thanks

 

Had a letter from the Bailiffs this weekend and it says that they have initiated an investigation into the issues raised by my letter and they will respond within the next 28 days. but i should be aware that if my account remains open and outstanding bailiff action will continue whilst this investigation is under way. Why don't they just send me a breakdown of the charges and let me pay what i should have to pay?

 

Could i just pay the first bailiff visit as the second one happen after i have payed off all of the council tax. could i do this?

 

Cheers

[Conniff]

I would say yes you can just pay the first. As the council did not inform them that the liability had been cleared, that is not your problem and if they want money for a second visit to put a bill into the council.

 

If it was only a couple of days perhaps you could be liable but not a couple of weeks.

 

I would fight any second visit payment.

[KK14]

Will I get advance notice of a bailiff visit and fees?

From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay.

Do I have to pay the bailiff's fees?

The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made.

All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this

 

 

kfdh1962,

 

Can you tell me the link for the above information and does this only apply to English councils? As my dad is having a similar problem with a Scottish council and my dad never received any correspondence with 14 days notice to say the sheriffs were coming out to collect monies. He just simply received a letter from the Sheriffs stating they would come out in 7 days of receiving the letter.

 

Thanks in advance.

[lookinforinfo]

It is not quite so clear cut Wemouse.

First, as I understand it, if you have paid the Council their outstanding tax plus their Court fees, then the Warrant has been settled and the bailiffs cannot come round demanding you pay their fee. The only way they can get their money now is by letter or going to Court and proving their debt [if you turn up at court to defend your case].

Second, just because you know they have visited your house twice, does not necessarily mean that they can charge two lots of fees. On both occasions the person delivering those letters MUST be a certificated bailiff. If not, no fees arise from that visit.

 

So if you have paid the full amount to the Council that the Court awarded [you can check this with the Council] then the bailiffs are acting unlawfully by banging on your door demanding money. They are trespassing. Tell them that, and put them to strict proof who the bailiff was who visited you on the two occasions and if you do not have his name, ask them for it so that you can confirm that he is a certificated bailiff. Tell them that until you can verify that he was certificated on the days when he called then you are not obliged to pay. You will have to concede that if he was certificated then you are liable for the fees and they could take you to Court to force payment.

 

On the other hand, the bailiff should not have come round to collect his fees if that is all that is due, since that would mean the warrant or Liability Order had already been paid. A complaint to the OFT about the Company and its tactics might get some sort of result for you.

[wemouse]

Update

 

I have today received an breakdown from the bailiff's and this is it -

 

Outstanding Council tax £79.12

1st Bailiff Visit (3/10/08) £24.50

2nd Bailiff Visit (6/10/08) £18.00

Levy Fee (15/10/08) £48.00

Attendance/Van fee (15/10/08) £90.00

 

total £959.62

 

less paid £779.00

 

outstanding £180.62

 

 

My payments to the council were made on 8/10/08 £650 and my second payment was on 30/10/08 of the balance 129.00.

 

Should i just pay the the £180.62 their asking? is there anything i can do?

 

Thanks all!

[lookinforinfo]

No do not pay them that amount.

If they have not levied on your goods, then they cannot charge a Levy fee nor the van fee.

If the bailiff who came were certificated then they do have a case for charging the two visits, but that is all.

[wemouse]

Thanks lookinforinfo for your help,

 

Should i send the a leter telling them this? Not the best at letter writing are their any templates i could use?

 

Thanks

[Conniff]

Can you confirm wemouse have they done a levy on any of your goods ?

[wemouse]

Hi Conniff,

 

I haven't let them in to my property, so would that be no then on the levy?

[Conniff]

Unless there was some property outside ie; car, lawn mower etc'; then that is a 'no levy' so only the first and second visit are chargable.

 

Send them a cheque for that amount in final settlement.

[wemouse]

All i have a van that i use for work outside, can they levy it?

[Conniff]

Not if it's for business purposes. If it is used to get to and fro from work then yes.

 

You will need business insurance to prove that point.

[wemouse]

Thats good news then.

 

What do you think i should do next? if they say they have a levy should i get a copy of the goods they so say have listed and see what they come up with?

[kfdh1962]

Hi Wemouse...

as the others have said they cannot charge for levy if they havent levied goods, your van cant be levied as its for business.. nor can they charge you for a van to call to your house...

[kfdh1962]

have you involved your council tax office in this yet as it is they who appoint the bailiffs in the first instance. have the council recalled the account from the bailiffs as there is no outsanding liabiliy?..The bailiffs represent the council , and the council are equally responsible for the conduct of the bailiffs...

[wemouse]

Hi kfdh1962,

 

Should i send the council a letter complaining about the bailiffs and a copy of the Breakdown that showing the levy fee that they are trying to claim? and also should i send the bailiffs a letter telling them that I'm not going to pay them the levy fee and i know what they are up to?

 

This is all very new to me!

[kfdh1962]

hi wemouse,

yes i would complain to the council. they are the ones who set the whole process in motion and they are responsible for the bailiffs actions as they are representing the council. The council failed to advise the bailffs that the liability was paid in full and recall the account. The bailiffs are unlawfully chasing and alleged debt that is in dispute, and are unlawfully adding fees to which they ar enot entitled

The bailiffs are only entitled to the fee for their first visit and nothing more as the liability was paid in full at that point in time.

they have no right to charge you for the second visit as this was down to the councils failure to notify them and you have proof that the debt was paid at that point. they cannot charge you for levy and cannot charge you for a van.

so yes write to the council advising them of the bailiffs actions and attempts to apply charges to which they are not entitled and ask ethem to make sure the acount has been recalled as it is fully paid.,

Send the bailiffs another letter telling them you will pay for the first visist and nothing more as that is all they are legally entitled to.

did you establish if the bailiff calling is a certified bailiff, and to the company he is representing?

 

you also have the option to complain to the county courts issuing his certification if his practices are unlawful

[mkb]

Just a thought here - they are charging you for executing a levy on your goods but as I recall when that happened to me many years ago, I had to sign my agreement to the levy.

 

If they have a charge over some of your belongings, surely you needed to have signed your agreement to this so I would be asking for proof of this agreement.

[CAULODREN]

I suppose you paid your council tax 2 weeks before the bailiffs came, was the second payment, how many weeks before did you make the first payment?.

I think since you have paid the amount before the bailiffs visit the bailiffs charges are in fact uncollectable. I think its a good idea if you go to a small claims court and take this matter to court for £25. You can piont out in the court case that they are overcharging you when you only owe £40, £25 for the first visit and £10 for the second. Try to contest these charges since you had paid the council long before the visit and you got these charges because the council called the bailiffs after you had paid them in full. if the judge finds the case in your favour then the bailiffs will be in serious trouble if the don't obey the law. Judges can do miracles to thugs like these that don't follow the law. i would sue for compensation for harassment and hope you win the case

[hallowitch]

You can point out in the court case that they are overcharging you when you only owe £40, £25 for the first visit and £10 for the second

 

 

this is an old thread but may i just point out that bailiff fees for collecting unpaid council tax are 1st visit fee £24.50 2nd visit fee £18

[CAULODREN]

I just saw the update you paid on the 8th october after the bailiffs visit on the 3rd and the 6th. It appears the you are liable for the first and second visit but not for the visits on the 15th as you had already paid the council tax bill. Since you only recieved the letter the 27th november could they be lying about the breakdown to build up their case.