can bailiffs charge twice for the same visit?

[george96]

If you have 2 pcn's outstanding, can the bailiff charge 2 x the visit fee of £28.00 when visiting just once.

 

Also if you have paid the debt direct to the council can the bailiff still use the warrant to levy distress to cover their fees.

[padja]

no & no ( I Think)

[dx100uk]

no they certainly cannot

 

dx

[MARTIN3030]

The bailiffs get first bite of the cherry .

What it means is that any fees legit due would leave a shortfall on the amount owing to the Council-and so it means there is still an amount outstanding to the Council.

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/showthread.php?257075-1-Bailiff-1-Visit-Numerous-Levy-fee-s&p=3131435&viewfull=1

 

see post 5

[george96]

MARTIN3030

Re: can bailiffs charge twice for the same visit?

 

The bailiffs get first bite of the cherry .

What it means is that any fees legit due would leave a shortfall on the amount owing to the Council-and so it means there is still an amount outstanding to the Council

 

I have paid one pcn direct to the council via the council's website. The other pcn is being disputed - I've sent a statuary declaration (out of time) to the court.

 

So there is no council debt; only bailiff charges. They have charged 2 x £11.20 letter fee and 2 x £28.00 for the first visit plus £160.00 "attendance charges".

[MARTIN3030]

Ok George.

There is some specific info on fees in the stickies within his forum.

[Zamzara]

Remember the bailiff is merely the agent of the council; there is no debt to the bailiffs. If the amount on the warrant has been paid, as I understand it they can only allocate payment towards the charges first for council tax (as there is a statutory exception allowing this). For PCNs this ability does not exist.

[MARTIN3030]

Ok thanks for clearing that up.

[tomtubby]

If you have 2 pcn's outstanding, can the bailiff charge 2 x the visit fee of £28.00 when visiting just once.

 

Also if you have paid the debt direct to the council can the bailiff still use the warrant to levydistress to cover their fees.

 

Sorry, can I just correct a few points on this subject.

 

The above replies apply to the collection of COUNCIL TAX. With an unpaid PCN there is a difference.

 

Firstly, I know of three separate Detailed Assessments made to the court (this is where a Cost Judge reviews the statutory regulations and relevant case law to establish the correct level of fees) and in ALL cases it was confirmed that only ONE fee should be charged. Many contracts with local authorities also confirm this. Also, the statutory regulations clearly state that charges must be "reasonable". It cannot be the case that "multiple charges" are "reasonable".

 

If payment has been made before seizure, the bailiff CANNOT use the warrant to collect his fees. This was confirmed by Justice Jack in the legal case of JBW Group (Bailiffs) and Westminster City Council.