urgent help/advice needed with dukes bailiffs re:council tax

[brassnecked]

Might be worth escalating a Formal Complaint to the head of Revenues Council CEO and elected leader, and MP, stating that you were up to date, but they still sent it to bailiffs, you are low income with a benefit entitlement, and you cannot afford your council tax plus the outrageous, and possibly dodgy fees being asked for by their agent, for who they are WHOLLY LIABLE the bailiff company pukes

[ploddertom]

hi ploddertom, i recieved 2 letters in the post, - if these were received by Royal Mail (do you still have them & the envelopes they came in), then there is no way they can either charge you for writing them or claiming a Visit Fee for them - however as soon as i recieved the first letter i went straight upto the council office to sort it out, basically due to being on a low income we missed our 1st payment in april,

 

according to my calculations we only owe 176, which whilst i am waiting for our new claim to go through i have asked to pay it back at 10pounds per week which started last friday, but they have ignored my letter - that sounds par for the course - and the bailiffs are saying i owe 636pounds!!!

 

Have you asked the Bailiffs for a breakdown of their fees? If not this should be done ASAP. I also posed the question of the the levy and if the Bailiff had kept up with his visit(s) - this is actually quite important as it could have a bearing on what you may be liable for. After all if we can prove the levy is invalid in some way, you may only owe the basic fees.

 

PT

[star*]

hi there i am just digging out my paperwork now, apart from the letter this week we havnt heard from the bailiff since july 2011, as i havnt contacted dukes the only breakdown at present is as it was in my previous posts,

i have also contacted our local mp and councillor via email, and have a meeting with a reporter from the leek post on monday, i went to the council office today but the recovery dept dont work on a friday!!!

[brassnecked]

i went to the council office today but the recovery dept dont work on a friday!!!

 

How convenient for them. Jump on their case first thing Monday,

[ploddertom]

hi there i am just digging out my paperwork now, apart from the letter this week we havnt heard from the bailiff since july 2011, as i havnt contacted dukes the only breakdown at present is as it was in my previous posts,

i have also contacted our local mp and councillor via email, and have a meeting with a reporter from the leek post on monday, i went to the council office today but the recovery dept dont work on a friday!!!

 

I had hoped this is what you would say. In my view therefore the Bailiff has clearly abandoned his levy - it will be interesting indeed to see their reasons why he has not. Seeing as they have claimed 1st & 2nd Visit Fees there is nothing else they can charge as the levy fee and ALL associated charges must also be removed. Please be aware that the numpties do read these forums and it would certainly be in your own interest to have any vehicle removed or sold to a third party and leased back ASAP.

 

It will certainly pay you to send off for a breakdown and to help here is an example of what to use. Adapt as you see fit and send initially by email followed by a copy in the post.

 

"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.

 

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 Certificated 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"

[star*]

thanks very much, teplate letter being adapted and emailed as we speak, thankyou!!! x

[seanamarts]

1st and 2nd visit charges are for two seperate visits where no levy is made and on each occasion a letter will be left at the property.

If a levy has been done which it has a levy fee is applied. cannot charge a visit fee at the same time. If the bailiff is there to enforce the debt on that occasion, contrary to nearly all posters on the forum an enforement fee can be charged. Please show me where this is stated in sch 5.

The fees charged by a bailiff for council tax are agreed by the council and the company. These fees are set out in sch 5, not agreed between bailiff and council, again please state where this can be done.

The bailiff has the power to remove your vehicle if you dont pay him, and just because you havent signed it doesnt make it invalid.

And with regard to nicbbb's post,

Council tax has to be paid, liability orders do exist, warrants of execution are for parking fines, dukes are bailiffs not powerless debt collectors, and the fotl drivvel is absolute nonsense

will be interested to know where you get your information.

[star*]

hi i dug out my paper work 2 letters were sent by hand on the 30/6 and 7/7 by a pre enforcement bailiff? with no knock at the door just put into the post box, by this point we were upto date with payments which were made direct to staffordshire moorlands.

[brassnecked]

hi i dug out my paper work 2 letters were sent by hand on the 30/6 and 7/7 by a pre enforcement bailiff? A bailiff is a bailiff whatever fancy title they give themselves with no knock at the door just put into the post box, by this point we were upto date with payments which were made direct to staffordshire moorlands.

 

If you were up to date you need to know why it was handed to bailiffs, Formal Complaint time perhaps. They posted and ran to add a first visit fee imho.

[star*]

hi all, huge letter of complaint has been made an sent by special delivery to the recovery section, the ceo, head of finances, head of taxation- who incidently is on dukes website stating how wonderful they are!!, head of the local councillors, the local mp- i had a call from them, they had no immediate appointments but as they are dealing with complaints like this all the time could i please hand them all the info in they are willing to help, and lastly a copy to a journalist at the local press again who is dealing with this all the time, i also included evidence of all payments made and all correspondance. I have called the recovery dept on numerous occasions this week, they have refused to call of the bailiffs, refused to listen too me and the guy even told me i deserved this!!!

 

I also sent info regarding a really big dispute in 2008 regarding dukes, and can i just check if a bailiff forces his way into your home, can he without threaten to take all your belongings before he has done a walking possession order?? oh and can he carry on threatening you whilst your husband has a diabetic hypo and needed urgent medical attention????

[brassnecked]

" I have called the recovery dept on numerous occasions this week, they have refused to call of the bailiffs, refused to listen too me and the guy even told me i deserved this!!!":mad2:

 

I hope you have recorded the call or at least got a name for this comment . it is way out of order, and I think a disciplinary matter at least, I hope you put it in any further complaint

Things like this really make me mad, keep us updated and Caggers will help further when you need it

 

BN

[star*]

hi all, i had a letter from Dukes with a breakdown of fees ( of some sort?)

30.06.11 at 07.38am 24.50 pounds( i was in it was a school day so we were all up but he didnt knock he just posted it through our post box, they give the guys name and details of when and where he was certificated but i cant find him on the register

07.07.11 at 12.26, 18.00pounds (again no knock he just posted it) different guy, again giving details of when and where but cant find him on the register,

 

22.07.11 at 12.39

enforcement visit 185.00 pounds

levy fee 60.00 pounds

Sch 5 Head Fee ( what the heck does that mean???) 24.50pounds

this guy is evil but he is registered, although the court details are slightly wrong

we werent in at the time i was in hospital pregnancy complications, and have proof that i had paid 345.00 in council tax by this point

so i will make some calls on monday to find out if the 1st 2 are or were registered,

and if they werent or aren't then i guess as its council tax i have a strong case for complaint

 

i feel so outraged by what these bailiffs can do and how much misery they bring, that i've contacted the local press and our mp, im going into see them this week and im wondering if i can start some kind of local petition to stop the council from using bailiffs so quickly, something has to be done and i think bailiffs should only be used as a last resort and they should abide by the rules which they clearly dont, and i think these rules need changing big time!!!

[ploddertom]

hi all, i had a letter from Dukes with a breakdown of fees ( of some sort?)

30.06.11 at 07.38am 24.50 pounds( i was in it was a school day so we were all up but he didnt knock he just posted it through our post box, they give the guys name and details of when and where he was certificated but i cant find him on the register. If they have given you the Court details you may contact them and ask if that particular person was indeed Cerificated and if so to which Company on the date he called. If his employer comes back as blank - usually means he is self-employed, you then need to contact the Council and ask if they allow their contractors to sub-contract - many do not because of insurance issues.

07.07.11 at 12.26, 18.00pounds (again no knock he just posted it) different guy, again giving details of when and where but cant find him on the register, - as above

22.07.11 at 12.39

enforcement visit 185.00 pounds

levy fee 60.00 pounds

Sch 5 Head Fee ( what the heck does that mean???) 24.50pounds - see below

this guy is evil but he is registered, although the court details are slightly wrong

we werent in at the time i was in hospital pregnancy complications, and have proof that i had paid 345.00 in council tax by this point

so i will make some calls on monday to find out if the 1st 2 are or were registered,

and if they werent or aren't then i guess as its council tax i have a strong case for complaint

 

i feel so outraged by what these bailiffs can do and how much misery they bring, that i've contacted the local press and our mp, im going into see them this week and im wondering if i can start some kind of local petition to stop the council from using bailiffs so quickly, something has to be done and i think bailiffs should only be used as a last resort and they should abide by the rules which they clearly dont, and i think these rules need changing big time!!!

 

The 3rd Visit - 22-07-11

According to what you have listed they have an Enforcement Fee, a Levy Fee & a Header H Fee all applied at the same time on the same date. The object of the Bailiff's visit is to levy on goods and this is what he is claiming to have done and charged you £60-00 for the privilege. Did he leave you a Notice of Seizure (Form 7) at the time? Can you list the goods seized exactly as described on the Notice of Seizure? I suspect I know what the answer is but will await your confirmation.

 

To claim his Enforcement Fee also called an Attendance or Van Fee he must give you an opportunity to pay first and cannot issue this at the same time as the Levy Fee. In my view this must be challenged and you ask it is removed - they will of course argue otherwise, but we'll face that when it happens.

 

The Header H Fee according to the Regulations tells me that he must have have removed the levied goods and arranged a sale of them. You then pay the outstanding debt including all charges and are then allowed to collect your goods. If this has not happened then again it needs to be challenged.

 

Unfortunately tackling Bailiffs is not an overnight thing and can take some time so you have to be prepared for quite a bit of letter writing and head banging.

 

PT

[star*]

thanks PT all this help is great its good to start feeling positive again!!!, oh i'm prepared alright, not putting up with this anymore,

he left a notice of seizure and the goods are

1 VW Greeen people carrier/ transporter

1 patio outdoor table

1 blue swing chair

1 white patio easy chair

next to it he wrote to avoid removal of the seized items listed call .....

we werent in at the time i was in hospital, he didnt take anything just left us this notice, my elderly neighbour was upset as he had banged on the door like a mad man!!!

i will start composing a formal complaint letter today

[ploddertom]

Were all those yours. Not being disrespectful but would class the outdoor furniture as being worthless unless made of solid wood - teak/mahogany/oak.

Is the VW taxed & tested & how old is it?

[star*]

yep all ours, the blue swing chair was the kids, all the furniture is worth absolutly nothing!!!! its just ikea stuff,

as for the vw i think its about 20years old, its declared as sorn and has been for 2 years now ( dont ask but the hubby has an ocsession with vws!!!) - hence why i cant move it any where at present, when its up an running its worth about 2-3 grand

[seanamarts]

no surprise bailiff dosnt knock, they do that to bump up their money, i bet he was pretty pee'd off that you wernt in the third time, so bumped up the charges even more, its the norm for them.

He could of quite easily levied on the first visit, unless he had a laccy that day and they were just posing their normal threat letters.

 

Levy is a waste of time as you do not owe any CT, plus it wouldnt cover fee's, charges and costs.

[ploddertom]

Seanamarts has said exactly what I would. If the goods were there initially why did he claim 2 Visit Fees? Obviously purely down to obtain a financial advantage which I suppose could be classed as fraud.

[star*]

the first 2 visits were done by different guys, no knock they posted and ran!!, they called themselves pre enforcement bailiffs??, (the 3rd guy is shortly going to under investigation regards to ridiculous fees (over 600pounds), harrassment and getting the police involved during an incident in 2008, ive contacted the police and they have taken everything ive said seriously and they remember the incident, so we will have to wait and see)

[wonkeydonkey]

Oh, this post has managed to put a smile on my face due to the similarity to an incident that took place some years ago....

 

A friend of my parents had what was then seen to be a large debt of £120 (borrowed as I recall to pay for her daughters wedding) and along came the dreaded and shame related bailiffs who claimed goods in and around her home had been duly siezed and would be removed and sold to satisfy the debt...they listed some furniture that was heavily covered by a tarpaulin along with some crudely homemade garden furniture and an old Rudge motorbike.

 

The friend had for sometime been trying to dispose of the furniture after clearing the home of her late grandmother and the garden furniture was also looking for someone to take to the 'tip' the Rudge had been given to her husband as a 'project' but after about two years it was accepted that being minus 95% of its engine parts the project would never get underway and the bike was in need of being scrapped, even the local 'scrap man' decline her offer to take them all away free of charge asking for 10/s to remove them, she did not at the time earn that a week from her little job as a 'char' She was very distressed over the bailiff visit and I think the 'shame' of people knowing they had been there to collect a debt was even harder for her to deal with.

 

The 'gentleman' she 'charred' for was a solicitor and noticing his lady was not her usual chirpy self he enquired to her troubles...he read the paperwork and then called on a friend ...who was a proud owner of a horse and cart...and they duly loaded the 'distrained' goods and delivered them to the doorstep of the bailiffs office, the office was on the top floor of an old victorian buiding with several flights of stair to reach it...the 'gentleman' then went up to the office and got signature from the bailiff to say the goods distrained from Mrs xxx had been surrendered to satisfy the entire debt and he later sent invoice to the bailiff to his delivery charge.........

 

I often wonder how much it cost the bailiff to have all his levy assigned to the 'Tip'?

 

WD

[seanamarts]

keep us updated..

[star*]

wonkeydonkey that made me smile, and yes seanamarts i will keep you all updated xxx

[star*]

hi all, a quick update ( i've been lucky to have a few days at my mums in wales,),

i came home to a letter from the council blaming me for there mistake and admitting they lost my paperwork from last year and never read my previous letters!! and also telling me that the matter of the fees is for me to contact the bailiffs, and that i still owe 626pounds (i dont, we actually owe, around 200pounds), also that on this occasion i am lucky as they will withdraw bailiff action, and they are reluctant to accept payments of 10pounds per week and in normal circumstances they would not accept this and would immediatly refer the debt back to the bailiffs, and also we should consider making a higher offer as now your husband is back in work surely you can afford to pay more?!!!

 

Also had a letter from dukes informing me that they have recieved my formal complaint, and will get back to me within 30days,

i also contacted worcester county court regarding one of the bailiffs as he has not renewed his certificate??, they were reluctant to give me any information over the phone and said they would write to me with the details but instead sent me a form 4 complaint form, which of course i am not at the stage to do as of yet.

And yes the council has another complaint letter coming there way!!!

[brassnecked]

hi all, a quick update ( i've been lucky to have a few days at my mums in wales,),

i came home to a letter from the council blaming me for there mistake and admitting they lost my paperwork from last year and never read my previous letters!! and also telling me that the matter of the fees is for me to contact the bailiffs, and that i still owe 626pounds (i dont, we actually owe, around 200pounds), also that on this occasion i am lucky as they will withdraw bailiff action, and they are reluctant to accept payments of 10pounds per week and in normal circumstances they would not accept this and would immediatly refer the debt back to the bailiffs, and also we should consider making a higher offer as now your husband is back in work surely you can afford to pay more?!!!

 

Also had a letter from dukes informing me that they have recieved my formal complaint, and will get back to me within 30days,

i also contacted worcester county court regarding one of the bailiffs as he has not renewed his certificate??, they were reluctant to give me any information over the phone and said they would write to me with the details but instead sent me a form 4 complaint form, which of course i am not at the stage to do as of yet.

And yes the council has another complaint letter coming there way!!!

At least they have pulled the bailiffs off, but Iwould tell them that the £10 is all you can afford at present, as you want to be able to pay the current(new) tax year without getting into arrear.

[star*]

will do, but 10pounds is pretty much what we can afford,