Urgent - Council Tax And Bailiffs

[Guest Happy Contrails]

These usually do the trick

 

The Bailiff Company

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

Copied to: [NAME OF COUNCIL]

 

Send a copy of the letter to the council along with a copy of the bailiff’s fee document.

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

[tara2099]

Hi

Can you help me please. I defaulted on my council tax ( 2008-2009 ) I missed 2 payments and the next thing i received a letter from the council saying payment was needed in full. I however could not afford this. I then received a letter from Equita Bailiffs saying the debt had been passed to them and they needed payment in full. I rang them and stated full payment was not something I could afford and offered to pay them £40 a month which was refused. They told me I would have to pay a lump sum of £400 for them to even consider setting up a repayment plan. I then had a balliff knock on my door but I did not answer and a letter was pushed through the letterbox demanding payment or they would be back to seize goods from my home.

I rang the number on the letter and spoke to the bailiff who I must say was very aggressive and rude and did not want to listen to what I had to say.

He told me if he gets chance to enter my property he would do which I found quite threatening. It made me feel very uneasy and has made me not want to answer the front door to anyone and keep all windows and doors locked.

He then told me he would take my car as payment to which I told him this was on finance and was not mine for him to take.

I have received numerous letters from Equita saying a removal van would be in the area in the next week and goods would be taken to cover this debt. However no bailiff has called again since.

I sent an email to the council stating I have tried to get this debt paid off through the bailiffs by a repayment plan which has been refused and asked if I could make payment direct to them.

The reply I got was -

 

Dear XXXX XXXXXX,

 

Thank you for your email sent on 03.03.09.

 

I have read your email and looked into your council tax account.

 

Unfortunately I will not be able to intervene with the bailiff activity currently on your account. As my colleague has explained to you during the telephone conversation with you on 04.02.09, you must deal with Equita directly.

 

It is perfectly reasonable that at this stage they want a lump sum payment before entering into an arrangement with you.

 

Please contact Equita on 0870 5581581 to arrange payment.

 

Regards

 

XXXX XXXX

 

Recovery Officer

 

Very helpful ( NOT )

 

Could you please give me some advice on what to do next.

Thanks

[Guest Happy Contrails]

The council is well within its rights to do this.

 

Wait and see what fees the bailiff charges, if they attempt to defraud you with them then the council's goose is cooked. You can go to the Local Government Ombudsman and get the account back into town hall administration.

 

The maximum fee bailiffs can charge is £24.50, provided you do not sign anything or let them in.

[sharondogf]

I just wanted to share this with you all as you have been very helpful.

 

I sent an email to my Council stating that I would continue to pay them direct each month and would not be dealing with the Bailiffs.

 

I have today received a reply from the Council and they confirm that I can pay them direct the agreed amount. They also state that the Bailiffs will be confirming to me in writing that they agree to this arrangement. At least now the Bailiffs are off my back.

 

However, they also stated that the Bailiffs will be sending me an invoice for their charges. After reading about what they can charge, Am I right in assuming that they can only charge me for 2 visits as they did not gain access into the Property?

 

I just want to thank everyone for their advice and to say to those having problems with Bailiffs, I hope that my result will give you the encouragement to continue to get what you want.

 

I will let you all know the outcome of their charges!

 

x

[hallowitch]

Am I right in assuming that they can only charge me for 2 visits as they did not gain access into the Property

---------------------------------------

correct £42.50 total

[sharondogf]

Thank you for reply.

 

That is all I will pay!!

 

Will let you all know the outcome

 

x