Bailiff charging first visit fee's - Reply from bailiff - what to do next?

[rhysd1309]

Hi, just a new thread as the old one dried up.

 

Basically, I have a case with bristow and sutor for unpaid council tax, which I am willing to pay for in full, but can't get my head around why they are charging me for 3 first time visits, when they have only been once. There are 3 seperate cases but they are dealing with them all together, I only have one reference number.

 

Heres a breakdown of the charges:

 

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

 

 

 

Anyway, I sent a letter questioning them, and got this reply:

 

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

 

 

Are they correct, don't really know where to turn next.

 

Thanks so much guys.

[rhysd1309]

Thanks for the reply. Have sent a letter to the Council, so will await a reply from them. I can see them sticking uup for Bristow and Sutor though!

[i hate bailiffs]

if you are going to pay it in full do so direct to council

l that way liability orders will be satisfied,they can then play on the nearest motorway

 

think you could question there reply to fees first visit then second visit 2 months later

 

if need be pay £24.50 plus the £18.00 to the council

 

i payed my last amount direct to council with no bailiff fees disappointing they have not been back

[cerberusalert]

Moved to the bailiffs forum.

[i hate bailiffs]

bailiffs can only visit twice - get to cab and contast the fees - they can make up what they like - dont let them in and dont leave windows open - oh and dont worry - get help

 

bailiffs can visit as many times as they want for council tax

there is just first and second visit fees where no levy taken place regardless of the amount of times they visit before they give up

[brassnecked]

Pay direct to council and inform them that as all three debts were enforced on the same day, only one visit fee is payable as per Leeds CC v Throssel 1993 referring to the judgment of D.J. Advent:

 

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

They cannot charge three visit fees on the same day.

[ploddertom]

There is plenty of recent history about charging multiple visit fees http://www.consumeractiongroup.co.uk/forum/showthread.php?358537-Local-Government-Ombudsman-Report-Issued-in-the-quot-public-interest-quot-........Bailiff-fees%281-Viewing%29-nbsp

 

Of more concern should be what they are claiming to have levied on?

 

Is this your other thread http://www.consumeractiongroup.co.uk/forum/showthread.php?361182-Can-bailiff-charge-for-each-case-%28x3%29-on-a-first-visit

[rhysd1309]

Cheers for replies. Yes that was my other thread, but started a new one as it dried up. Im waiting for a response from council so will update then. I am going to pay the council what i owe them, so atleast they will be happy. Thanks again