Bailiffs, Councils and Fraud

[Ali2]

Hi

 

Hope someone can help with my question.

 

I have been in dispute with my council re council tax and when I asked for a breakdown of years owed, bailiffs charges had been added to individual years as well. In one case, a total charge of roughly £270.00 had been added for bailiff charges for 1 year and in total over £1,000 has been added over a couple of years. Having done some research, I believe bailiffs can only charge a statutory £24.50 for a visit and a second one too. Bailiffs have never gained access to my property and I believe, according to the law, I am only liable for statutory fees and nothing else. There has never been Walking possession or whatever. Yes, I have had the "van" letter about being in my area but again goods have never been seized or taken.

 

I believe these "charges" are unlawful and could be classed as fraud! If you have had any experiences like this, would be very grateful if you could give advice on what to do next!

 

Thank you.

[sequenci]

Hello there.

 

1st Visit is £24.50 and the 2nd would be £18.00; unless a valid levy has been undertaken that would all that you would be liable for to pay. These are a little less if you live in Wales.

I agree, anything extra is tantamount to fraud (in my opinion).

[Ali2]

Hello there.

 

1st Visit is £24.50 and the 2nd would be £18.00; unless a valid levy has been undertaken that would all that you would be liable for to pay. These are a little less if you live in Wales.

I agree, anything extra is tantamount to fraud (in my opinion).

 

Hi

 

Thank you for your reply which is very helpful. I have just read another piece which says I only have 6 years to challenge bailiff charges, however, the council have only NOW provided details of these charges some which go back over 6 years!! However, if these charges are unlawful, as they seem to be, there must be a way of taking action!

[sequenci]

I'm assuming you've paid then?

[tomtubby]

In order to claim back bailiff fees you need to first obtain precise details of the fees that have been applied to each account. If the bailiff company will not provide the inforamtion...then the local authority must do so. After all, the local authority are wholly responsible for the levy and fees charged by THEIR agents.

[Ali2]

I'm assuming you've paid then?

 

No, I haven't paid the fees as I have only just found out about them!! However, I am being told I must pay them and they have been added to my bill.

[sequenci]

Firstly, you MUST communicate in writing. Mention that since there has been NO walking possession agreement made you a liable ONLY for the two visit fees. Ask for a copy of their complaints procedure and mention that you may take your dispute to the Local Government Ombudsman.

 

Refuse to pay any further fees, there is nothing that they'll be able to do in respect of them.

[Ali2]

Hi

 

Hope someone can offer some advice.

 

I have long been in dispute with the council re my tax and

 

the Ombudsman say they cannot interfere as there is currently an Interim Charging Order.

 

However, the property is jointly owned although Land Registry has me as the sole owner which I am not! I read once that, if jointly owned, there can only be a restriction.

 

Firstly, should I write to the Court and use this a first defence?

 

Secondly,

I have only just found out that over a couple of years,

bailiff's fees of over £1300 have been added to monies owed

and included in the legal document to the court.

 

If I am correct, the bailiff can only add £24.50 for a first visit and £18.00 for a second.

 

On recollection, they once said there was a levy on a car,

they said was mine,

but I didn't own it.

 

Am I correct in saying that a 'levy' is only if they enter my property which they have not or ever done.

 

They have never had the opportunity to seize goods so these charges seem to be 'made up'.

 

As these charges have been included in a legal document to the court,

can it be argued not only is the application based upon fraud and maybe perjury,

but can the bailiff firm also be reported to Companies House or an authority dealing with companies who trade?

 

And the council would surely be complicit too?

 

I am also thinking of getting my MP involved.

 

Sorry for all the questions. I know you guys are brilliant and helpful so thanks in advance.

[dx100uk]

certainly cannot levy on a car NOT yours

so levy/attendance/van etc are ALL invalid fees.

 

they can levy on anything outside without entry.

 

list all the fines please

 

dx

[Ali2]

certainly cannot levy on a car NOT yours

so levy/attendance/van etc are ALL invalid fees.

 

they can levy on anything outside without entry.

 

list all the fines please

 

dx

 

Thanks for your reply.

 

The fines are not listed, only amount of money ie. £183.50 etc. This is via the Council who have added the fees owed and included in the Charging Order.

[dx100uk]

do these asap:

 

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up 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"

.

[Ali2]

Thanks dx100uk. I know the situation with the council but will write to the bailiffs as per your letter to see what the charges are made up of!

 

If I am correct, apart from a car levy of which there was one (and the car wasn't mine!) all the charges are fraudulent. I did get letters about a van 'being in the area within the next 7 days' to levy goods, however, if they don't gain right of entry, they can't charge!

[ploddertom]

, however, if they don't gain right of entry, they can't charge!

 

 

Not quite true, the Bailiff may levy on goods outside - usually a car, but could be garden furniture etc. He must still leave a Notice of Seizure at the time detailing the goods seized & the charges made.

[Ali2]

Thanks ploddertom. Apart from the car, which wasn't mine, no notice has ever been left! It probably is a good idea to ask for a breakdown of charges before pursuing as, hopefully, I will have things in my favour. If the charges are illegal, then surely the issuing of Charging Order must be illegal too!

[ploddertom]

Thanks ploddertom. Apart from the car, which wasn't mine, no notice has ever been left! It probably is a good idea to ask for a breakdown of charges before pursuing as, hopefully, I will have things in my favour. If the charges are illegal, then surely the issuing of Charging Order must be illegal too!

 

The Charging order is another form of enforcement. You need to find out from the Council what you actually owe. The charges they are making will include those for any costs that have been incurred including Liability Orders, Court costs, solicitors fees etc. The Bailiff fees will be a different entity. I suspect you owe for several years and it is their way of making sure they get their money, don't forget if you owe over £750 they could make you bankrupt which will then greatly increase the fees you owe.

[Ali2]

The Charging order is another form of enforcement. You need to find out from the Council what you actually owe. The charges they are making will include those for any costs that have been incurred including Liability Orders, Court costs, solicitors fees etc. The Bailiff fees will be a different entity. I suspect you owe for several years and it is their way of making sure they get their money, don't forget if you owe over £750 they could make you bankrupt which will then greatly increase the fees you owe.

 

Hi ploddertom, no, the bailiff fees have been included in the Charging Order, they are not separate!! I have this in writing! In that case, surely the council would be complicit too. I have then been told that solicitor's fees, statutory interest and removal of the Charging Order would be charged. So, if the bailiff's fees are unlawful, I believe the Charging Order to be fraudulent, coupled with the property not been totally mine!

[Ali2]

Hi

 

Has anyone ever sued a Council or Bailiffs for unlawful charges which are fraudulent? Also, can you apply to Companies House or similar re removal of a Bailiff's licence?

 

Do you know of any sites, apart from this one, where I might find information?

 

Thanks.

[ims21]

Three threads merged

 

Please keep to this one thread for this issue.

[Ali2]

Hi

 

Hopefully one of you guys can help.

 

The bailiff has refused to answer my questions requesting fee charges, visits and breakdown of costs. They state I have to go back to the council and they will not answer any further letters! However, what if the council refuse to provide a breakdown of the "so called" charges.

 

Thank you.

[ploddertom]

Post 5 is what to read. If the Council are being awkward then serve a SubjectAccess Request on them.