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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can a bailiff levy when there is no debt? The debt

Resolved Question:

Can a bailiff levy for fees when there is no debt? The debt was paid in full to the creditor, who has put it in writing there is a zero balance, but both parties are saying I am liable for bailiff fees. I can't understand why when no enforcement action has taken place.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I paid the full debt outstanding and the Liability order fee and this has been agreed. As these bailiffs are council contractors, and no debt exists, I cannot see how they can keep coming to my house asking for more money and threatening to levy my goods.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did the bailiffs turn up BEFORE you paid it off please?Alex
Customer: replied 1 year ago.
Hi.
No they never. I did receive a letter after I had paid, however the council insist they'd sent it for enforcement action in between me paying and receiving the letter.
Expert:  Ash replied 1 year ago.
Have you asked for evidence of that?
Customer: replied 1 year ago.
I have an email timeline from the council which back up what they say.
Expert:  Ash replied 1 year ago.
Ok. You need actual evidence rather than just a timeline. If they instructed AFTER you paid the debt then you are NOT liable. If they instructed BEFORE you paid the debt then you are liable.But you need evidence.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hi Alex,
I understand I may be liable in this case. Are their laws regarding this matter? Can a bailiff actually levy my goods for their fees?
If so under what law can they do this? The taking control of goods act specifically mentions there has to be a debt. There is none. I am confused. My specific question is:-
1) I understand there is an enforcement fee of £75, i have no issue paying this. However, why can they add on more and more fees for enforcement action when no action was ever taken?
2) Can they take control of my goods specifically for their fees? Their is no court order so i don't see how they can do this.
Expert:  Ash replied 1 year ago.
Bailiffs are very heavily regulated. A bailiff can levy goods for their fees because that is a debt. They can only issue further fees for sending the letters and attending. If they did not attend, for example they cant charge for that.They can only attend for things they have done
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.
Expert:  Ash replied 1 year ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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