Bailiff levy charges

[britvic]

Hi

I am correct in believing that a bailiff collecting council tax debt of £36.40 is entitled to a levy fee of £22.50 (2004 fees) and not £41.00?

Any advice would be appreciated.

Thank you

britvic

[Amy]

Re: Bailiff levy charges

I make it £24.50, but definitely not £41.

[britvic]

Re: Bailiff levy charges

Thanks again Amy

I thought the prescribed levy fee in 2004 was £22.50 - my mistake £24.50 it is. Because of this incorrect charge could the bailiff's actions be construed as one of fraud?

If the same bailiff made his first visit and consequently levied to the amount of £41.00, I am correct in saying that he cannot make a charge for his first and second visits as well?

[Amy]

Re: Bailiff levy charges

Because of this incorrect charge could the bailiff's actions be construed as one of fraud?

Yes. Lords Hansard text for 20 Apr 200720 Apr 2007 (pt 0001)

The Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

If the same bailiff made his first visit and consequently levied to the amount of £41.00, I am correct in saying that he cannot make a charge for his first and second visits as well?

I don't understand what you mean. He is allowed to charge for two visits, as long as they are not made on the same day. He can also charge a levy fee, but not if the levy is made on the same day as one of the two visits.

[britvic]

Re: Bailiff levy charges

Sorry to confuse you Amy.

Yes, you have confirmed my thoughts. Great advice as always!

Thank you

britvic

[Amy]

Re: Bailiff levy charges

No worries, you're welcome x