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tara_dad

do bailiffs need educating more

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Bit rude don't you think ?  

 

Or were you both meaning that pretending to be asleep is a better alternative as Bailifs are not allowed to wake people up ? 

 

You'd be better pretending to be pregnant though as they can't harrass you then :wink:

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This is a copy of a letter challenging the bailiff fees

Dear Sir/Madam,
Re: xxxxxxxx, xxxxxxx Client reference xxxxxxxxx, xxxxxxxx

Please understand that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods
I know the fees allowed under statute and when these fees can be applied.

Re: your NOTICE OF REMOVAL PROCEEDINGS dated xxxxxxxxxxxx which was posted through my letterbox by your bailiff today.
I believe you are trying to charge excessive fees since I discovered you are only allowed to charge ONCE for each visit.
So on the xxxxxxxxxxxx when you came to my home you became entitled to one payment of £24.50 (see note below) covering ALL accounts you were dealing with on that day.
On the xxxxxxxxxx when you came to my home again you became entitled to a further payment of £18.00 (see note below), covering ALL accounts you were dealing with on that day.
Because no levy has taken place you are entitled to fees of £42.50.
I have found that by charging for each account on the same visit you are attempting to charge fees that are excessive and unlawful.

This attempt to charge excessive fees could be considered an offence according to the Fraud Act 2006, and you appear to be ignoring my correspondence and my reasonable requests for information.

This account is in dispute because I know that your charges are wrong and in my opinion unlawful; I expect NO FURTHER ACTION to be taken until this situation is resolved and I am asking you to provide a full breakdown of costs, including what the fee consists is for, when the visit took place, the name of the certified bailiff and the court at which he was certified.

I have not refused to pay the Council Tax arrears. I understand that you are accustomed to taking your fees first and then passing what is left to the council to pay off the debt.
That means if I pay you in full, including the fees that you are legally entitled to, there will be a shortfall when the money is passed to the council and I will still owe unpaid council tax.
I am also concerned that if I pay any money to you directly, you will take unfairly escalated fees, so I will be making payment for the debts listed in the liability orders directly to the Council, and payment for the fees you are entitled to directly to yourselves.
I have not refused to pay reasonable fees that you are legally entitled to.
I am sending a copy of this letter to xxxxxxxxx Council.

Yours faithfully,

PS. when researching your charges I used:
THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992
AS AMENDED BY THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) (NO.2) REGULATIONS 1993
THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) REGULATIONS 1998
THE COUNCIL TAX (ADMINISTRATION AND ENFORCEMENT) (AMENDMENT) (NO. 2) (ENGLAND) REGULATIONS 2003
THE COUNCIL TAX AND NON-DOMESTIC RATING (AMENDMENT) (ENGLAND) REGULATIONS 2006 SCHEDULE 5 CHARGES CONNECTED WITH DISTRESS
1. The sum in respect of charges connected with the distress which may be aggregated under Regulation 45(2) shall be as set out in the following Table
(1) Matter connected with distress
(2) Charge A
For making a visit to premises with a view to Levying distress (where no levy is made)
(i) where the visit is the first or only visit: £24.50
(ii) where the visit is the second such visit: £18.00

I have now made you aware of the circumstances, so if your company continues with enforcement action that you are not entitled to take, I will consider making a formal complaint about the bailiff’s conduct to the County Court. Yours faithfully, xxxxxxx xxxxx

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copy of a letter to the bailiffs challenging certification

 

Dear Sir/Madam,

 

Re: xxxxxxx, xxxxxxx Client reference xxxxxxxx, xxxxxxxx

Please understand that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods

I know the fees allowed under statute and when these fees can be applied.

 

Re: Certification of Bailiffs attending my home

From information provided by your company, it would appear that xxxxxx has been allocated my account.

I have contacted a company through their website at: www.bailiffxxxxxxonline.co.uk who kindly checked their register of certificated bailiffs.

 

This gentlemans name did not appear on their register and for this reason this company provided me with the contact details for the Access Rights Unit at the Ministry of Justice who hold the central Register of Certificated Bailiffs.

This register also DOES NOT show this gentlemen as being certificated.

As it is possible that the relevant courts may have made an error in informing the Ministry of Justice, I require as a matter of urgency that you provide me with the date and court details where he was granted his certificate and confirmation also that the certificates provide for him to work for your company.

 

I have not refused to pay the Council Tax arrears.

I am concerned that if I pay any money to you directly, you will take unfairly escalated fees, so I will be making payment for the debts listed in the liability orders directly to the Council, and payment for the fees you are entitled to directly to yourselves.

I have not refused to pay reasonable fees that you are legally entitled to.

I am sending a copy of this letter to xxxxxxxxx Council.

 

Yours faithfully,

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TD... what you have to understand is that for things to escalate to the position of getting bailiffs involved for council tax arrears (as shown in your letters); the person owing the money will have had ample opportunity to negotiate and agree some form of payment plan to clear their arrears... if (as I suspect) the person in the letter has decided to avoid contact or has tried to "big it out", hoping it will all go away, then surely the council should have the right to get their money which goes towards public services that the rest of us have to pay for.

 

Why should they be allowed to get away with not paying?

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Seems we're going to be seeing ever more "evictions", as the Gov intend to make the process easier for landlords. The private sector has now taken over rented provision from the public sector, and all the ills of the past are reappearing with examples of slum landlordism.

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I do agree with you on it bazj but there are some people who get behind thought no fault of their own ie made redundant for one is this the only way out for them. But some creditors are too quick to use this.

 

should people who owe let’s say council tax loss their homes because there out of work or could we not say pay small amounts off till they get back on their feet some are out of work for years if there age is ageist them.

and what if they pay there Mortgage and struggle to pay council tax should they then lose their homes?

 

ones who openly abuse the system yes I do agree with you

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We all know the biggest way out is get all you valuables and property in some ones other name i.e. in a trust or wife`s name leave home for short time declare yourself bankrupt. Get it all det clear and move back home that the easy way

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