Bailiff's rights and fees (Council Tax)

[Mister A]

Hi, I very much hope that someone here can help me.

 

When I qualified for Housing Benefit and Council Tax Benefit earlier this year, I was advised by my local council that these benefits cannot be backdated, and my council tax arrears from last year must still be paid. I successfully arranged to pay the arrears at £5 a week, but when my business started suffering even further due to the recession, unfortunately I defaulted on these payments.

 

I then received a letter in the post from Rundle & Co Ltd (Certificated Bailiffs) dated 18th Sept 2009 (but delivered 21st Sept), the main points of which are (directly quoted from the letter):

 

"I have been trying to contact you regarding the Liability Order obtained against you by Ipswich Borough Council, which has been passed to me for enforcement".

 

The next couple of paragraphs seem pretty standard, but then this follows:

 

"If you do not deal with this matter urgently, I will be left with no alternative but to call at your premises to seize your goods. I may have to remove goods whether you are present or not, with the police in attendance if necessary".

 

However, on Monday of this week (28th September), I came home to find a hand delivered letter from a "Certificated Bailiff", saying "I called today with transportation to remove your goods".

 

Now, from the wording of the first letter, it seems that when that was sent they hadn't YET visited me, suggesting that the hand delivered letter was left on the bailiff's FIRST visit. However, the hand delivered letter has had a fee of £124 added to the outstanding council tax.

 

I rang the bailiff who signed the hand delivered letter to query his fee (having read on the internet that his fee for a first visit may be no more than £24.50), to which he replied that he had visited me several times before, and I hadn't been in. Therefore, these fees had supposedly accumulated over several unsuccessful visits.

 

I suggested to him that if this was true, wouldn't he have left a hand delivered letter every time? He replied that he was under no legal obligation to do so, nor to prove that he had made any previous visits. Effectively, he was saying that I have no choice but to take his word for it that all these previous visits had occurred. He said he couldn't remember the dates, and anyway (quote): "I don't have to get into this with you. The fees are there, and have to be paid, along with the original debt".

 

What I would like to know is, surely he can't just claim to have been several times and charge for these visits, without proof? And if he calls again while I'm in, and I refuse to let him in (as I understand I'm within my rights to do), can he just keep coming back every day out of spite, just to impose additional charges?

 

Having spoken to him, I really do NOT want to deal with this man. I am willing to pay my council tax arrears, but would rather pay them to the council. Although, they have told me that while they will accept payments, they will simply inform Rundle & Co when each payment has been made, but the case will remain with the bailiffs.

 

Also, my old, battered, high mileage (but working and legal) car is kept parked outside my house. It would be lucky to fetch a fiver at auction, but would this bailiff take it anyway if I just refuse to let him in? I desperately need it to keep running my business.

 

As you can see, I really need some advice. Sorry this has been so long and rambling, but please help me. Thank you.

[hallowitch]

your bailiff and his fees are wrong

1st visit if no levy £24.50

2nd visit £18 again if no levy

the bailiff must leave a hand delivered letter anytime he visits if the visit incurs a fee

he can visit 100 times but can charge no more that the 2 visit fees

he can levy on your car for a bailiff its not about how much the car is worth its about getting a levy fee so move it now away from your home

do you have business insurance on your car

[hallowitch]

is he certificated to Rundle & Co Ltd he must be certificated to the firm he works for or self employed (no company next to his name)

 

www.hmcourts-service.gov.uk/CertificatedBailiffs

 

the register is not yet 100% accurate if he does not appear on the list or is registerd with another firm

phone

 

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

[Mister A]

Thank you for your reply, Hallowitch.

 

Unfortunately I only have private insurance on my car, not business. So I assume that means I can't prevent him taking it based on my business use of the car?

 

Also, would the bailiff be able to contact DVLA and find out IF I own a car, and what reg no, etc? What I mean is, if I park it 100 yards from my house but still visible, could he identify it as mine?

 

What should I do about the exhorbitant fees he's charging? How do I dispute them?

[Mister A]

Oh, and I checked the link you gave me. There is only one bailiff with his surname within 100 miles of me, and he's less than 30 miles away. But no employer name shows on the list, so I guess that means he's self-employed? And should that affect any of this?

Edited September 30, 2009 by Mister A
spelling

[hallowitch]

move your car out the street if possible this is the best option the bailiff wont do dvla check on all the cars in the street but could levy any car parked near your home

self employed makes no difference he is legal

 

have you got the fees in writing you need this to complain

 

write to the council making an offer again of £5 per week (they will probably refuse because you defaulted on a previous arrangement)

 

as you have a struggling small business i would go and see your MP or send him e-mail ask him if can get the council to take your debt back as the bailiff has already started adding charges he should not and you know the bailiff wont accept £5 week and paying any more will not help you struggling business

[Mister A]

Right, thanks. But CAN a bailiff even do a DVLA check to see who owns what? Surely these details are protected under the Data Protection Act?

 

The hand delivered letter doesn't give a breakdown of fees, just a total amount which is exactly £124 more than the council tax debt.

 

Who should I complain to about the fees, the council, the bailiff himself, or the bailiff company who appointed him? Are there any template letters that are specifically about this?

 

I will follow your advice about contacting the council to see if they'll take back the debt, but I don't expect they'll reply very quickly so how do I keep this bailiff off my back for now? I can offer a payment on Monday, but who do I offer it to, council or bailiff?

 

I promised the bailiff I would contact him this Friday, but I don't know what to say to him.

[hallowitch]

Right, thanks. But CAN a bailiff even do a DVLA check to see who owns what? Surely these details are protected under the Data Protection Act?

yes the bailiff can do a dvla check to see who owns a vehicle the bailiff pays for this information approx £3 for every check so the government makes big bucks from these checks

 

The hand delivered letter doesn't give a breakdown of fees, just a total amount which is exactly £124 more than the council tax debt

write to the council and Rundle& co Ltd and make an official complaint about the bailiff fees write that the bailiff has made 1 visit to your home there is no walking possession or levy on this account

therefore you require a breakdown of his charges as the bailiff is charging £124 in fees

 

I promised the bailiff I would contact him this Friday, but I don't know what to say to him

let the bailiff call you tell him you have made an official complaint to rundles and the council regarding his fees and his attitude you will not be dealing with him until your complaint is delt with and you are paying the council direct

 

getting him of your back is the hardest part however the best way to do this is stop him getting a levy so it is important he doesn't get a levy on your car

[Guest Happy Contrails]

the hand delivered letter has had a fee of £124 added to the outstanding council tax.

 

The law doesnt provide for bailiffs to add fees to council tax in this way. Ask the bailiff to pass a truth test on his fees. You cant lose, bailiff can admit attempting to defrauding you or he refunds you.

 

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 certificated 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 letter is not a request to access any personal data as defined under the Data Protection Act 1998.

 

This letter 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

CC, The Mayor and Burgesses of [NAME OF COUNCIL]

[k1mmie]

Ask for a screenshot. I got charged £10 as they reckoned this constituted a SAR and therefore had 40 days. This will list any visits and give dates. Whilst they can do a DVLA check very cheaply as already advised, they tend not to do this when they levy. Only when you tell them it's not yours and put up a fight.

[Guest Happy Contrails]

A breakdown of fees is not personal information, nothing to do with the data protection act at all.

[k1mmie]

I agree, but this is what they asked for in order to release the details. Even this however, whilst revealing a few things, has not revealed the whole breakdown of fees. Just another delay tactic me thinks!

[Slimrabbit]

I too got a breakdown of fees but it dosen't show any dates on it and have had to send off ten pounds for a SAR.

 

Still paying the council and when the SAR comes back i will send them a letter saying that their fees are fradulant and against the 2006 fraud act