Single Woman, Mental Health Problems, Broke, Frightened

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Naiff1
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Joined: 25 Sep 2017 18:11

#1 Single Woman, Mental Health Problems, Broke, Frightened

Post by Naiff1 » 25 Sep 2017 18:24

Help !!! Bailiffs are trying to reclaim their fees. The debt has been paid directly to the council and I have asked them to revoke the bailiffs warrant but not heard back. I have informed Rossendals that no one will be given peaceful entry and any visit will be recorded, but I am frightened they will come and take my car (just bought it on HP). I got this reply back:

"With regards to the balance, for us dealing with collection of the case you are liable for the £75.00 Compliance Fee which has been legally incurred on the 8 June 2017, when the Compliance letter was generated and sent. The Enforcement Fee of £235.00 was legally incurred when the Enforcement Agent attended in good faith on the 10 July 2017, as the balance outstanding at the time had not been paid in full.

The fees are covered by the warrant and have been charged in accordance to the new Fee structure that was set by the government on the 6th June 2014 and you are legally liable for them.

The balance needs to be paid in full to ensure no further action commences".


Can you tell me if Bailiffs fees are a non priority debt and whether I can offer them a nominal payment each month until my financial situation changes?

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Schedule 12
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#2 Re: Single Woman, Mental Health Problems, Broke, Frightened

Post by Schedule 12 » 25 Sep 2017 21:35

Naiff1 wrote:
25 Sep 2017 18:24
Help !!! Bailiffs are trying to reclaim their fees. The debt has been paid directly to the council

There is no enforcement power, but the bailiff will pester you over their fees.

and I have asked them to revoke the bailiffs warrant but not heard back.
There is no "warrant" for unpaid council tax. It is called a liability order. You dont need to "revoke" anything because the power conferred under the liability order has already ended.


I have informed Rossendals that no one will be given peaceful entry and any visit will be recorded, but I am frightened they will come and take my car (just bought it on HP).
Car on HP is off limits. If they take and sell it, the buyer does not acquire title over it. Paragraph 51 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)




I got this reply back:

"With regards to the balance, for us dealing with collection of the case you are liable for the £75.00 Compliance Fee which has been legally incurred on the 8 June 2017,
That is true. You do owe it, provided the enforcement agent can prove he recorded the time the notice was given. If the bailiff cannot or will not show they recorded the time the notice was given then the bailiff can't charge any fees. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.





when the Compliance letter was generated and sent.
That is not true. The law says the bailiff must also RECORD the time the notice was given (not sent). Paragtaph 7.3 of Schedule 12 of the TCEA 2007.




The Enforcement Fee of £235.00 was legally incurred when the Enforcement Agent attended in good faith on the 10 July 2017, as the balance outstanding at the time had not been paid in full.
The expression "balance outstanding" is bailiff terminology. The law prescribed "amount outstanding" and paragraph 50 of Schedule 12 of the TCEA says it is the amount owed on the liability order.




The fees are covered by the warrant
No they are not. Paragraph 50(3) of Schedule 12 of the TCEA 2007.







and have been charged in accordance to the new Fee structure that was set by the government on the 6th June 2014 and you are legally liable for them.

The balance needs to be paid in full to ensure no further action commences".
The only action the bailiff company can take is to sue you in a county court. A bailiff already tried this but the claim failed. He did not have locus standi because the money was owed to the bailiff company.





Can you tell me if Bailiffs fees are a non priority debt and whether I can offer them a nominal payment each month until my financial situation changes?
Bailiffs will mess you about if you start asking for installments. Give a paragraph 59 Notice to the bailiff and to his firm telling them the "amount outstanding" has been paid. If you do not give notice the bailiff is not liable if he takes an enforcement step.

Template.
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Author: dealingwithbailiffs.co.uk

Naiff1
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Joined: 25 Sep 2017 18:11

#3 Re: Single Woman, Mental Health Problems, Broke, Frightened

Post by Naiff1 » 26 Sep 2017 19:04

Thanks for you help - just trying to get my head around it all. I was advised by National Debt Helpline that bailiffs CAN remove goods in relation to their fees. Confused now after reading the template letter you gave me.

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Schedule 12
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#4 Re: Single Woman, Mental Health Problems, Broke, Frightened

Post by Schedule 12 » 27 Sep 2017 09:33

You need to decide whose advice you go with. Ask for the supporting legislation and see what the law says about taking control of goods when the amount outstanding has been paid.

The Ministry of Justice issued national guidelines http://www.dealingwithbailiffs.co.uk/fr ... agents.pdf


Paragraph 31 of which states:

  • 31. Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.
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