Can bailiff charge for each case (x3) on a first visit?

[rhysd1309]

Hello everyone. This months problems have arisen fairly early!

 

Called the bailiffs (bristow and sutor) today, to pay off the amount I owe in full (around £650)

 

However, their costs total to just over £240. They have only been once, to deliver a letter saying, ''notice of seizure of goods'' and they seized a car outside my house (which isn't even mine) and claim its walking possesion. When I got home and read the letter, I instantly contacted them to say that the car wasn't mine.

 

Anyway, their fees for this one visit are multiplied by 3. This is because although there is only one order for them to collect money on behalf of my council, There are debts on 3 different addresses (between £90 and £180) as I missed a few council tax payments on the addresses I have lived at. So they are classing this as 3 cases. There is only one case ID number however, and one council reference number.

 

Are they allowed to do this. I presume so, just want to make sure before I pay up. Also they have charged a levy x3 and a redemption of goods fee, even though they haven't actually removed anything.

 

I have a scribble of the bailiffs signiture and the name part left blank.

 

I am more than willing to pay the council what I owe (around 410) but £240 seems abit steep to say they came around once and signed 3 sheets of A4!

 

Anything I can do?

 

I have payed the amount I owe the council to the bailiffs, so my account now has a balance of £240 (the fees) But they say that they take the fees out of the first payment.

 

Cheers!

[gstanny]

Hello everyone. This months problems have arisen fairly early!

 

 

 

Called the bailiffs (bristow and sutor) today, to pay off the amount I owe in full (around £650)

 

 

 

However, their costs total to just over £240. They have only been once, to deliver a letter saying, ''notice of seizure of goods'' and they seized a car outside my house (which isn't even mine) and claim its walking possesion. When I got home and read the letter, I instantly contacted them to say that the car wasn't mine.

 

 

 

Anyway, their fees for this one visit are multiplied by 3. This is because although there is only one order for them to collect money on behalf of my council, There are debts on 3 different addresses (between £90 and £180) as I missed a few council tax payments on the addresses I have lived at. So they are classing this as 3 cases. There is only one case ID number however, and one council reference number.

 

 

 

Are they allowed to do this. I presume so, just want to make sure before I pay up. Also they have charged a levy x3 and a redemption of goods fee, even though they haven't actually removed anything.

 

 

 

I have a scribble of the bailiffs signiture and the name part left blank.

 

 

 

I am more than willing to pay the council what I owe (around 410) but £240 seems abit steep to say they came around once and signed 3 sheets of A4!

 

 

 

Anything I can do?

 

 

 

I have payed the amount I owe the council to the bailiffs, so my account now has a balance of £240 (the fees) But they say that they take the fees out of the first payment.

 

 

 

Cheers!

 

 

 

[gstanny]

1visit= 1 fee however many accounts they are collecting on. Levy invalid so total fees come to £18.50. More knowledgable people will be with you soon

[nohope]

Thought it was £24.50 first visit fee?

[i hate bailiffs]

£24.50 first visit fee £18.00 second visit fee

shame you payed bailiffs they normally take there fees out of it

levy is invalid if not your car

 

they do tend to charge fees for each liability order to line there pockets

 

you need to find out exactly how much was/is owing from the council

 

in future payments direct to council

[ashmk]

Ok, I'm not an expert but I can offer some answers.

 

1 fee per visit no matter how many accounts.

 

You should have paid the council via their online service (they cannot refuse payment that way) and that would have ended the liability order if paid in full.

 

The ''notice of seizure of goods'' for a random car isnt worth the paper it's written on. It's just supposed to get you to panic.

 

Contact the council direct, find out how much is outstanding and pay it online.

[brassnecked]

No one set of fees for all the accounts enforced against on same day, authority for this although not a High Court case is persuasive is leeds CC v Throssel

[rhysd1309]

Thanks for all the replies guys!

 

Ok, I may have made a lucky escape. The bank transfer to bristow and sutor failed on internet banking for some unknown reason.

 

So, are people recommending I pay the council directly, and use their online service? I did ask to pay over the phone this morning, but they said I had to pay the bailiff direct.

 

Here is a breakdown of charges now I have found the form:

 

Council Tax property 1:

 

Amount owed - 97.89

1st visit fee - 24.50

levy fee - 24.50

 

 

Council tax property 2:

 

Amount owed - 187.82

1st visit fee - 24.50

levy fee - 29.00

 

Council tax 3:

 

Amount owed - 186.59

1st visit fee - 24.50

levy fee - 29.00

 

Redemption of goods fee: 24.50

 

Hope this helps clear things up.

 

Thanks again.

[i hate bailiffs]

yes pay the council DIRECT online or automated telephone system if you are in a position to pay the full balance do so if no make payments of whatever you can

if you pay the full balance the liability order will be satisfied and bailiffs could only try for there first visit fee as they not able to levy just for there fees

what items do they have a levy on apart from a random car?

 

some will say there is lawful bailiff fees to pay i would pay that to the council,i have never paid bailiffs fees in the past

Edited August 10, 2012 by i hate bailiffs

[rhysd1309]

They just had levy on a random car parked outside my house. Then just posted this letter saying ''5 DAYS IN FULL''. I am in the process of sending the council an e-mail. I have quoted the Throssell vs Leeds CC, can anyone confirm what the regulations actually are? Cheers again.

[rhysd1309]

Ok, abit worried now. Ive just read that if the liability orders were made on different dates, it allows the bailiffs to charge a 1st visit fee for each liability order. I am not too sure what date the orders were made, but they have always been listed on the same notice, never separately.

 

Also, even if this is true, don't they contradict this by levying the same car for all 3 orders?

 

Hopefully I am wrong and they indeed can't charge 3 first visit fee's. There is only one case reference.

 

Just so lost! Have got the money to pay them but don't want to pay over the odds!

 

Cheers once again.

[brassnecked]

the dates on the Lo isn't the key, the date they visited to enforce is key, if they present all at the same time, one set of fees only.

[rhysd1309]

Thanks for clearing that up. Just found it in the Local Government Ombudsman thread, which I can use as abit of ammo.

 

Onto the next question. Can they levy one car for all three LO's

 

Amount owed - 97.89

1st visit fee - 24.50

levy fee - 24.50

 

 

Council tax property 2:

 

Amount owed - 187.82

1st visit fee - 24.50

levy fee - 29.00

 

Council tax 3:

 

Amount owed - 186.59

1st visit fee - 24.50

levy fee - 29.00

[rhysd1309]

Sorry, I have also been charged:

 

Redemption of goods fee (Head H) 24.50

[brassnecked]

No they cannot levy one car three times for different accounts, after the first levy, the car effectively belongs to the bailiff, so the second and third would be against HIS property, so are void, bang goes two sets of fees. As to head h, UNLESS vehicle had been removed to an auction and advertised for sale, it is arguable that head h also is void.

 

Formal Complaint time to council bigwigs and MP time.Unlawful bailiff charges by council's agents the bailiff for which they are AT ALL TIMES wholly liable jointly and severally for any wrongful act by the bailiff.

[impecunious]

They can't actually charge you a first visit fee and a levy fee. The levy is invalid, so those charges should be removed and replaced with a first visit fee of £24.50.

 

They do try it on, bless them!

 

Impecunious

[rhysd1309]

Cheers once again everyone really appreciate it. Please excuse my grammar as i am typing this on my phone! Bristow and sutor have replied with this, few things i dont understand. First of all they are saying they have charged a 1st visit fee on two seperate days?

Secondly, I have never had contact from them about the first date they specify.

And finally, they still say they made levy on the same car 3 times?

 

Can anyone help pitmy mind at ease:

 

Dear Sir,

 

RE: Outstanding Council Tax due to Dudley Metropolitan Borough Council

 

We write with reference to the above and confirm receipt of your recent email

 

We would respectfully advise when we attended on 18.05.12 this was our first visit and so the first visit fee of £24.50 was applied to each of your liability orders, as they are three separate accounts we can charge a fee for each and refer you to the back of the Notice of Seizure of Goods were the fees are outlined. We then attended your property again on 31.07.12 where our levy was made and fees were applied to your accounts for this also, we can charge this in addition to a first visit fee and again refer you to the Notice of Seizure of goods were this is also stated.

 

We are currently in the process of confirming with the DVLA who the vehicle belongs to if we confirm you are not the registered owner then the levy fees will be reviewed. Please note the Council are aware of what fees can be charged and our procedures.

 

Finally we are prepared to allow until 20.08.12 for a proposal of payment to be received in our offices to be reviewed.

 

Failure to comply will result in further recovery action being taken against you for which any additional costs incurred you will be liable for.

 

Yours Faithfully,

 

Miss L Green Recovery Officer

[inneed2011]

Sent a letter to the bailliffs the debt is 5k offered to pay 223 over 24 months the bailliff has refused it. Used the forum template please advise on next steps.

[ploddertom]

Sent a letter to the bailliffs the debt is 5k offered to pay 223 over 24 months the bailliff has refused it. Used the forum template please advise on next steps.

 

You need to start a new thread and explain somemore what it is for.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[rhysd1309]

Just a quick bump.