very simple question (i hope!)

[clairus99]

can bailiffs still charge you fees even if they didn't knock on your door - ie. pushing letters through your door. rossendales have been round about 5 times and i've been in every time - all except one time i wasn't actually in (the other time i just didnt open the door!).

 

i've actually paid off my debt direct with the council but they've visited twice since. both times i've called and told them the debt is paid but they say that the council hasn't informed them. twice i've rung the council and they say they have.

 

if i owe fees, i owe fees (although they havent stated how much and i believe they overplay it too, but i've kept copies of everything and am prepared to put in a complaint if necessary) but i am trying to find out if not knocking is fair.

 

basically, if they knock then i have an opportunity to pay, but the fact that they don't means they get to visit again, so that has me wondering.

 

 

thanks in advance

 

 

c

 

 

ps sorry could have worded the title better i know :S

[ploddertom]

can bailiffs still charge you fees even if they didn't knock on your door - ie. pushing letters through your door. rossendales have been round about 5 times and i've been in every time - all except one time i wasn't actually in (the other time i just didnt open the door!).

 

i've actually paid off my debt direct with the council but they've visited twice since. both times i've called and told them the debt is paid but they say that the council hasn't informed them. twice i've rung the council and they say they have.

 

if i owe fees, i owe fees (although they havent stated how much and i believe they overplay it too, but i've kept copies of everything and am prepared to put in a complaint if necessary) but i am trying to find out if not knocking is fair.

 

basically, if they knock then i have an opportunity to pay, but the fact that they don't means they get to visit again, and therefore charge you more, so that has me wondering.

 

 

thanks in advance

 

 

c

 

 

ps sorry could have worded the title better i know :S

 

I assume this is for Council Tax. According to the Regulations the Council are supposed to pay the Bailiff fees first so unless you have paid extra there will still be a sum outstanding which the bailiff can still enforce against. However if the Council are adamant you have to pay the Bailiff fees personally then there isn't a lot that can be done as the Bailiff is not allowed to enforce for fees alone.

 

It may be easier to ease your own mind to send off for a breakdown of fees, use and adapt this for your needs, send by email and Signed For letter:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Cerificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

[clairus99]

thanks - it is for council tax.

 

as far as the council are concerned my account with them is clear and they tell me that they have told rossendales this (twice). they first visited a couple of months or so. for some reason i still dont understand, we were under the impression we had paid it off, but couldnt find proof, and their visit was the first inclination. i think they also visited just after the time i THOUGHT we'd paid it (back in october) but i think i thought it was just a crossover in the information chain so ignored it. and maybe another time (just going from memory here!). ugh, my memory sucks.... anyway i've kept their letters.

 

we managed to scramble the money together and paid it direct to the council online (just wanted to get it done and sorted). i call them to confirm and asked them to tell rossendales.

 

i called rossendales first, who said the council have not informed them that the account is clear, so i called the council straight away who said they did tell them but would do so again and that as far as they were concerned my account with them was "clear".

 

it may well be for the charges as i didn't add that in to what i paid to the council - although they havent said anything about outstanding fees still to be paid.

 

i understand i have to pay their fees and that's fair enough (well...) but i just don't think they should be able to claim them if they didn't bother to knock, and just slid a letter through the door before running away. we could have sorted things out there and then if they'd knocked, and saved additional fees. the more i think about it, the more dubious i think it is.

 

 

thanks again for your help though PT

[tomtubby]

thanks - it is for council tax.

 

as far as the council are concerned my account with them is clear and they tell me that they have told rossendales this (twice). they first visited a couple of months or so. for some reason i still dont understand, we were under the impression we had paid it off, but couldnt find proof, and their visit was the first inclination. i think they also visited just after the time i THOUGHT we'd paid it (back in october) but i think i thought it was just a crossover in the information chain so ignored it. and maybe another time (just going from memory here!). ugh, my memory sucks.... anyway i've kept their letters.

 

we managed to scramble the money together and paid it direct to the council online (just wanted to get it done and sorted). i call them to confirm and asked them to tell rossendales.

 

i called rossendales first, who said the council have not informed them that the account is clear, so i called the council straight away who said they did tell them but would do so again and that as far as they were concerned my account with them was "clear".

 

it may well be for the charges as i didn't add that in to what i paid to the council - although they havent said anything about outstanding fees still to be paid.

 

i understand i have to pay their fees and that's fair enough (well...) but i just don't think they should be able to claim them if they didn't bother to knock, and just slid a letter through the door before running away. we could have sorted things out there and then if they'd knocked, and saved additional fees. the more i think about it, the more dubious i think it is.

 

 

thanks again for your help though PT

 

 

It is always very dangerous to pay the council direct. This is because the regulations provide that bailiff fees MUST be deducted first from any payment made.

 

If the bailiff has never been into your home then the maximum that he can charge is £42.50 and you should write to Rossendales to confirm that you are willing to pay this.

 

If unpaid, the bailiff can levy upon goods.

[fork-it]

For somebody purporting to be a professional, you are giving out some very strange advice, 'dangerous to pay the council direct'

 

The taxpayer has a duty to pay the council and discharge his liability. The regs doesnt permit the council to delegate that liability.

 

Why do you encourage a taxpayer to admit his ID to a bailiff or write a letter to him? there is no such law requiring him to do so. If the tax is settled then the case closes. The bailiff can litigate his fees if he wants to.

[Guest Happy Contrails]

It is always very dangerous to pay the council direct. This is because the regulations provide that bailiff fees MUST be deducted first from any payment made.

 

 

TT I love you lots, but that comment makes no sense.

 

 

Regulation 45(3) of the The Council Tax (Administration and Enforcement) Regulations 1992

 

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

[feefofum]

Hmm I'm just looking on here as have just (hopefully) sorted out my flatmates problem with CT..

 

I'm interested in 2 things that have come up.

1. Can the bailiff charge if they don;t knock on your door? The last visit we had the bailiff put his notice straight through the catflap as I was standing there! No knock or anything.

 

2. Re: the bailiff's fee's of £42.50,.. our local council who have taken back the debt say we owe this to the bailiffs,.. as this is a 'fee', if we don't pay it could they visit us again and levy more fee's?

 

Sorry to hijack your thread OP, was just interested in the questions you asked