Reventus Fees

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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rich.h
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Joined: 21 Jun 2017 14:29

#1 Reventus Fees

Post by rich.h » 21 Jun 2017 14:58

This might be a bit of a long one... Will try to keep it as short as possible.

My ex and I received a CCJ without us knowing after a small amount of £350 was outstanding on our council tax bill desppit us paying by direct debit and us notifying Haringey Council when we left the property to take full payment to finalise the account.

Reventus sent a Notice of Enforcement to my ex's parents (he now lives in Dubai) house. On a trip back he contacted Reventus and explained that he didn't live at his parents address and to not contact him or me there.

After he let me know, I immediately called Reventus made a part payment on the phone and agreed a payment plan. They don't offer a direct debit scheme as I would have preferred and unfortunately I missed the next payment by a few days as the date fell on a week I was out of town and it slipped my mind.

An enforcement agent attended my property this morning. I immediately made the missed payment and agreed to pay the balance on July 1st as there was now only £150 left.

The agent handed me a "FORMAL NOTIFICATION" document stating that I have incurred fees of £235 due to the escalation to a door step visit. Obviously I'm keen to not almost double the amount payable due to a small over sight.

I called the office and explained the situation but they told me there was nothing that could be done about the additional fees.

I have asked on numerous occasions for them to send me a copy of the notice of enforcement to me by email or a scanned copy as but they refuse to because I can't confirm the address that it was sent to and that dat protection won't allow them to send me my ex's parents postal address.

I've received no correspondence from Reventus, Haringey or Northampton County Court in the post and I question whether they have the authority to attend my home address if I nor my partner have ever received the notice of enforcement to either of our him addresses.

I'm happy to pay the full amount in the court order and put it down to sods law but I'm hell bent on not handing over £235 to some debt chasers for a bill I wasn't aware of.

Reventus state that as both my partner and I are named on the court order that they only need to write to one of us with the notice of enforcement and can then attend any address either of us might reside at to take possessions.

Is this correct? Can I get away with just paying the outstanding amount on the CCJ and ignore them for their fees? Why won't they share any of the documents with me?

Thanks in advance

Richard

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Schedule 12
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#2 Re: Reventus Fees

Post by Schedule 12 » 21 Jun 2017 22:01

rich.h wrote:
21 Jun 2017 14:58
This might be a bit of a long one... Will try to keep it as short as possible.

My ex and I received a CCJ without us knowing after a small amount of £350 was outstanding on our council tax bill
There are no CCJ's for unpaid council tax. It's a liability order.



desppit us paying by direct debit and us notifying Haringey Council when we left the property to take full payment to finalise the account.

Reventus sent a Notice of Enforcement to my ex's parents

The notice of enforcement fails. Your ex's parents are not liable.


(he now lives in Dubai) house. On a trip back he contacted Reventus and explained that he didn't live at his parents address and to not contact him or me there.
Its pointless bailiffs contacting parents. Bailiffs cannot take control of their goods. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007



After he let me know, I immediately called Reventus made a part payment on the phone
That will go in the bailiffs pocket. The council will never see the money and it will never come off your arrears. Pay the money to the council. Otherwise, bailiffs are under a belief they can apportion money between themselves and the council under a pretense the money is proceeds of the sale of goods (enforcement).








and agreed a payment plan. They don't offer a direct debit scheme
They will charge you administration fees for each payment. Pay the arrears to the council.



as I would have preferred and unfortunately I missed the next payment by a few days as the date fell on a week I was out of town and it slipped my mind.

Bailiffs will mess you around, and you are learning this now. Pay the arrears to the council. Thew enforcement power ends once the amount outstanding is paid. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.




An enforcement agent attended my property this morning. I immediately made the missed payment and agreed to pay the balance on July 1st as there was now only £150 left.

The surprise is yet to come. Their fees. For as long as you give money to bailiffs you will never be out of their debt.



The agent handed me a "FORMAL NOTIFICATION" document stating that I have incurred fees of £235 due to the escalation to a door step visit.
Then comes the "sale stage fee" and "administration fees" etc. they keep coming.


Obviously I'm keen to not almost double the amount payable due to a small over sight.

Legally, you owe no fees at all. The bailiff admitted giving the notice of enforcement to your ex's parents. That proves the bailiff did not use the schedule 12 enforcement procedure and no fees are recoverable. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

You can recover the fees through the courts. Here is how it is done: http://www.dealingwithbailiffs.co.uk/Co ... edure.html



I called the office and explained the situation but they told me there was nothing that could be done about the additional fees.
Stop calling the bailiff company. They will mess you about.




I have asked on numerous occasions for them to send me a copy of the notice of enforcement to me by email or a scanned copy as but they refuse to because I can't confirm the address that it was sent to and that dat protection won't allow them to send me my ex's parents postal address.
Stop calling the bailiff company. They will mess you about.




I've received no correspondence from Reventus, Haringey or Northampton County Court in the post and I question whether they have the authority to attend my home address if I nor my partner have ever received the notice of enforcement to either of our him addresses.

I'm happy to pay the full amount in the court order and put it down to sods law but I'm hell bent on not handing over £235 to some debt chasers for a bill I wasn't aware of.
Do the arithmetic, the bailiff will have added a total of £310 to the liability order amount. Not £235.

It's the £310 you are allowed back.



Reventus state that as both my partner and I are named on the court order that they only need to write to one of us
That is true. Either person named on the liability order is liable jointly and severally.

with the notice of enforcement and can then attend any address either of us might reside at to take possessions.
Not true. The address is the Notice of Enforcement address. Any other address proves the bailiff is taking an enforcement step without giving Notice. Two named on the liability order. To NOE's if their addresses are different from each other. Otherwise, the enforcement fails because the debtor not given a Notice of Enforcement can claim damages under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.



Is this correct? Can I get away with just paying the outstanding amount on the CCJ and ignore them for their fees?
There is no CCJ. It's a liability order.

You can pay the sum on the liability order to the council and that ends the enforcement power under paragraph 6(3) of Schedule 12. Even if the bailiff has taken control of goods. It all fails. The bailiff cheated thinking he could pocket £310 without complying with the law.

The fees are not recoverable from you because the bailiff admitted not giving Notice. He was obtuse and evasive when you asked him about recording the time the notice was given. That is a legal requirement under Paragraph 7(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.


Why won't they share any of the documents with me?
They know they are not compliant with the law. Stop calling the bailiff company. They will mess you about. Just get the money recovered.


Thanks in advance

Richard
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Author: dealingwithbailiffs.co.uk

rich.h
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Joined: 21 Jun 2017 14:29

#3 Re: Reventus Fees

Post by rich.h » 22 Jun 2017 19:32

Thanks for the detailed response.

I sincecreceived an email from Reventus stating that my ex has verbally confirmed receipt of the enforcement notice when he called them. It was addressed to us both but an address neither of us live at.

Does this make any difference to the above.

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Schedule 12
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#4 Re: Reventus Fees

Post by Schedule 12 » 22 Jun 2017 21:51

Then the notice fails. They saying that someone called them is not sufficient proof the bailiff recorded the time the notice was given.

The proof supports the contrary. Wrong address. Section 7 of the Interpretation Act 1978 decides in law the notice has not been given to the debtor.

Enforcement and the fees fail.
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Author: dealingwithbailiffs.co.uk

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