Bailiff fees after debt paid

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
Post Reply
aleafstorm
Posts: 11
Joined: 17 Sep 2015 21:51

#1 Bailiff fees after debt paid

Post by aleafstorm » 06 Nov 2017 18:10

Myself and my ex partner had outstanding Council Tax debts which were paid in full earlier this year. We both paid the monies straight to the council. They have confirmed to me in an email that the balance is zero ( ie none of that went towards bailiff fees )
They have got hold of my exes address and have sent her demands for money, both from before and after the debts were paid. It just about broke us individually paying the debt off and I'd like to not give the bailiffs a penny ( having paid bailiffs quite a few pennies in the last couple of years). I'm confused about the law but from what I gather they would have to take us to court to recover the fees ? She has just received a final notice for £385 in fees. I don't have much paperwork to help with their procedures as it wasn't coming to my address but I did write to the council to obtain some information which is as follows..

1 The dates the liability order were obtained was on 11.05.2010 and 30.06.10.
2 Flat Second Floor, 13b .....
3 The periods: 01.04.09 – 31.03.10 and 01.04.10 – 30.04.10
4 The balance of each liability orders was £217.67 and £125.00
5 Zero balance, direct Payment to the local authority of £451.83 received on 06.02.2017. Bailiff fees of £385.00 outstanding, which is payable to Reventus
6 The Liability orders were passed to Bailiffs on 10.08.2016

So No 2.. the address of the liability order is not the address my ex ( or I ) live at any more, all the letters and demands/shouting visits have been at her new address.
No 6 .. the liability order ( is this the same as a warrant of execution ? ) was 15 months ago.

So can they chase us for their fees only when Liability order is for a different address and 15 months old ?

I can post the most recent demand but I'm not sure that will help.

Thank you everyone !

aleafstorm
Posts: 11
Joined: 17 Sep 2015 21:51

#2 Re: Bailiff fees after debt paid

Post by aleafstorm » 06 Nov 2017 19:31

I omitted to say the date of their( Reventus ) final Notice demand for £385 is Nov 2nd 2017

aleafstorm
Posts: 11
Joined: 17 Sep 2015 21:51

#3 Re: Bailif fees after debt paid

Post by aleafstorm » 19 Nov 2017 12:00

Further.. having checked back, in fact the council received £358 towards the debt on these liability orders via reventus. I think means ( I'm trying to confirm with Reventus ) that I paid Reventus £716, if they paid 50% pro rata to the council and kept £358 in fees ( between July 2011 and Aug 2012 ) I know better now. This means the council recieved £358, the liability orders being for a total of £342. So the debt seems to have been paid.
The oneof 2 'new' notice of enforcements from 2016 is for slightly different dates and amount to the original. The council have informed me there are only the 2 liability orders issued in 2010.
Any help appreciated

User avatar
Schedule 12
Posts: 13273
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#4 Re: Bailiff fees after debt paid

Post by Schedule 12 » 19 Nov 2017 20:16

aleafstorm wrote:
06 Nov 2017 18:10
Myself and my ex partner had outstanding Council Tax debts which were paid in full earlier this year. We both paid the monies straight to the council. They have confirmed to me in an email that the balance is zero ( ie none of that went towards bailiff fees )
The enforcement power is dead. Paragraph 12A of Schedule 4 of the Local Government Finance Act 1992 once the payment is "tendered" the law says:
  • the authority shall accept the amount, no further steps shall be taken as regards its recovery,


They have got hold of my exes address and have sent her demands for money, both from before and after the debts were paid. It just about broke us individually paying the debt off and I'd like to not give the bailiffs a penny
You don't have to give them any money. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:

(3)The property in all goods ceases to be bound when any of these happens—
  • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;
    (b)the instrument under which the power is exercisable ceases to have effect;
    (c)the power ceases to be exercisable for any other reason.




( having paid bailiffs quite a few pennies in the last couple of years). I'm confused about the law but from what I gather they would have to take us to court to recover the fees ? She has just received a final notice for £385 in fees. I don't have much paperwork to help with their procedures as it wasn't coming to my address but I did write to the council to obtain some information which is as follows..

1 The dates the liability order were obtained was on 11.05.2010 and 30.06.10.
2 Flat Second Floor, 13b .....
3 The periods: 01.04.09 – 31.03.10 and 01.04.10 – 30.04.10
4 The balance of each liability orders was £217.67 and £125.00
5 Zero balance, direct Payment to the local authority of £451.83 received on 06.02.2017. Bailiff fees of £385.00 outstanding, which is payable to Reventus
6 The Liability orders were passed to Bailiffs on 10.08.2016

So No 2.. the address of the liability order is not the address my ex ( or I ) live at any more, all the letters and demands/shouting visits have been at her new address.
No 6 .. the liability order ( is this the same as a warrant of execution ? ) was 15 months ago.

So can they chase us for their fees only when Liability order is for a different address and 15 months old ?

I can post the most recent demand but I'm not sure that will help.

Thank you everyone !
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Schedule 12
Posts: 13273
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#5 Re: Bailiff fees after debt paid

Post by Schedule 12 » 19 Nov 2017 20:22

aleafstorm wrote:
19 Nov 2017 12:00
Further.. having checked back, in fact the council received £358 towards the debt on these liability orders via reventus. I think means ( I'm trying to confirm with Reventus ) that I paid Reventus £716, if they paid 50% pro rata to the council and kept £358 in fees
Apportioning payments made a bailiff applies to "proceeds of enforcement" - the law defines this to be the money raised from the sale of the debtors goods to pay the debt.

In any event, the application of proceeds is apportioned when they are less than the amount outstanding. The Taking Control of Goods (Fees) Regulations 2014.

For the avoidance of doubt, the "amount outstanding" is defined by law to be:



  • (3)The amount outstanding is the sum of these—
    • (a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
      (b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).


Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.




( between July 2011 and Aug 2012 ) I know better now. This means the council recieved £358, the liability orders being for a total of £342. So the debt seems to have been paid.
The oneof 2 'new' notice of enforcements from 2016 is for slightly different dates and amount to the original. The council have informed me there are only the 2 liability orders issued in 2010.
Any help appreciated
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Schedule 12
Posts: 13273
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#6 Re: Bailif fees after debt paid

Post by Schedule 12 » 19 Nov 2017 20:26

aleafstorm wrote:
19 Nov 2017 12:00
The council have informed me there are only the 2 liability orders issued in 2010.
Any help appreciated
A liability order never expires, but the debt being enforced is a statutory debt, and that dies under the operation of section 9 of the Limitation Act 1980 which states:

  • 9 Time limit for actions for sums recoverable by statute.

    (1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.

    (2)Subsection (1) above shall not affect any action to which section 10 of this Act applies.


It means the liability order now carries a NIL debt.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply