Bailiffs: Useful Template Letters

From Consumer Wiki

With thanks to Tomtubby


Rights & Your Refusal of Peaceful Entry by Bailiffs

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are aware of your rights and that you will not permit the bailiff peaceful entry into your home to levy distress on your goods, but that you are willing to pay the debt by affordable instalments.

To: Bailiff Company

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

In your letter, you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am aware of my rights, and that I will not allow a bailiff to enter my home peacefully to levy on my goods.

I would like to make it clear that I am not refusing to pay this debt, but I am unable to pay the entire debt at this present moment. Instead, I would like to offer to repay this liability by way of monthly payments of (enter amount) which as you can see from the enclosed income & expenditure, is the maximum amount that I could afford each month. I would be grateful if consideration can be given to accepting this proposal, and as a gesture of good faith, I am enclosing a first payment of (enter amount).

I am aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed.

OR

I am aware of the fees and charges permitted by your company as provided under the Enforcement of Road Traffic Debts. (Certificated Bailiffs) (Amendment) Regulations 2003.

I would be grateful if you could confirm receipt of this letter and confirmation also that (payment terms have been agreed. I am copying this letter to my Local Authority. (ensure that you keep a copy)

Yours Faithfully.



Vehicles and Assets Required for Your Business

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company, in advance, that a motor vehicle is necessary both for your use personally, and is required for your business/employment. If you are self employed, it would be advisable to provide proof of self employment by enclosing maybe a business card or letter of confirmation from an accountant. This letter could also be adapted to refer to other assets necessary for your use personally in your employment/business or vocation.

To: The Bailiff Company

Date:


Dear Sirs,

Re: Account reference.

I refer to your letter/visit dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure, and that these include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that I am employed as (see note) and that my vehicle is for my own use personally in my employment/business. As evidence of this, I am providing photocopies of (enter details).

I can confirm that I am willing to pay this liability at a rate of (enter amount).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority.

Could you please confirm safe receipt of this letter. >(ensure that you keep a copy)</SPAN

Yours Faithfully.


Vehicles Subject to Finance or Lease Agreement

NOTE: This letter can be adapted to suit your own circumstances and could be used to inform the company, in advance, that you either do not own a vehicle, or that it is subject to either a finance or lease agreement.

To: Bailiff Company

Date:



Dear Sirs,


Re: Account reference.


I refer to your letter/visit dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure. These include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that, although I have the use of a motor vehicle, this is however (not owned by me/subject to lease/or finance). As evidence, I am providing photocopies of (enter details).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority that instructed him.

Could you please confirm safe receipt of this letter. (ensure that you keep a copy)


Yours Faithfully.

Statutory Declaration For Goods Belonging to Someone Else

Bailiffs cannot seize goods belonging to someone else, but they are allowed to assume that anything in a property is yours, unless they are provided with proof such as receipts.

Failing this documentary proof. the third party can make a statutory declaration that certain named items belong to him and may not be seized.

This costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.

Then you scan it, email it, fax it, post a hard copy recorded delivery. The bailiffs should then release these items from the levy.

STATUTORY DECLARATION



To: (the bailiffs) (their address)




I (your name)



of (your address)


Do solemnly and sincerely declare that:



the items listed (list them)

are not the property of (your friends name) and (reason why they were there) and have always been my sole property


And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.



Signature:



Declared at



On the day of two thousand and



Before me



A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths


Request for Refund of Bailiff Fees for Council Tax

The following is a draft letter that can be sent to the bailiff company to request a refund of charges in relation to the collection of arrears for Council Tax


NOTE: We recommend that this letter should be sent after receiving a response to your Subject Access Request, (a copy of which can be found here Bailiffs: Subject Access Request

(Name of company)


Dear Sirs,

Re: Council Tax Reference:

I am writing concerning the above unpaid Council Tax and your recent response to my Subject Access Request.

From your records, you will see that one of your bailiff’s visited my home on (enter date) and that I paid fees and charges of (enter amount if available).

I refer to the The Council Tax Administration & Enforcement (Amendment) Regulations 2003, a copy of which is provided (provide a copy) which clearly states that the amount that you should have charged to me was (enter amount).

For the following reason, I believe that you have overcharged me by (provide details). If you think that my calculation is incorrect, please provide details, failing which, I require a refund of these fees by close of business on (enter date 7 days from this letter).

Due to the seriousness of this matter, unless I receive from you either: an adequate explanation why you believe that my calculation is incorrect, or a refund of the fees as stated above, I intend to issue proceedings against your company for recovery of my fees.

I will be providing a copy of this letter, together with your response to the Local Authority. (ensure that your letter is sent by Registered post…and keep a copy.)


Yours Faithfully.


Income Support & Job Seekers Allowance

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.


To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to (local authority) (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.


Yours Faithfully.


Pension Credit

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of pension credit and that you wish for your arrears of Council Tax to be deducted at source from your this benefit and that the case should be returned back to the local authority. As proof, you should enclose a copy of your entitlement from the Pension Service. Please ensure that you retain a copy of this letter.


To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am in receipt of Pension Credit, proof of which is enclosed.

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations of 2002.

For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed.


I am also aware that once deductions are in place all enforcement action must cease.

As I have now made you aware of (my/our) circumstances and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court.

Could you please confirm safe receipt of this letter, which is also being copied to (enter name of local authority).


Yours Faithfully.


Requset for Refund of Bailiff Fees for PCN

The following is a draft letter that can be sent to the bailiff company requesting a refund of charges in relation to collection of an unpaid Parking Charge Notice.


NOTE: We recommend that this letter should be sent after receiving a response to your Subject Access Request, (a copy of which can be found here Bailiffs: Subject Access Request


(Name of company)



Dear Sirs,

Re: Parking Charge Notice Ref:

I am writing concerning the above unpaid Parking Charge Notice and your recent response to my Subject Access Request.

From your records, you will see that one of your bailiff’s visited my home on (enter date) and that I paid fees and charges of (enter amount if available).

I refer to The Enforcement of Road Traffic Debts. (Certificated Bailiffs) (Amendment) Regulations 2003, a copy of which is provided (provide a copy) which clearly states that the amount that you should have charged to me was (enter amount).

For the following reason, I believe that you have overcharged me by (provide details). If you think that my calculation is incorrect, please provide details, failing which, I require a refund of these fees by close of business on (enter date 7 days from this letter).

Due to the seriousness of this matter, unless I receive from you either: an adequate explanation why you believe that my calculation is incorrect, or a refund of the fees as stated above, I intend to issue proceedings against your company for recovery of my fees.

I will be providing a copy of this letter, together with your response to the Local Authority. (ensure that your letter is sent by Registered post…and keep a copy.)

Yours Faithfully.


Vulnerable Situations

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you believe that your personal circumstances fall within the category of “vulnerable situations” and requesting that the case be returned to the local authority or accepting repayment proposals. Please refer to the list below the letter for details of vulnerable situations.


To: Bailiff Company

Date:


Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I believe that (my/our) circumstances fall within the category as contained within the National Standards for Enforcement Agents of “vulnerable situations”. The reason for this is that (explain your circumstances, and provide some evidence, if possible) see note below).

Accordingly, I would like to request that you do not visit my property as this would cause undue stress and anxiety. Instead, I would like to request that you (return this case back to the local authority/or accept payment terms as outlined etc) I would be grateful if you could confirm safe receipt of this letter, and confirmation that (payment terms have been agreed/or case returned to the council)

I am copying this letter to my Local Authority. (ensure that you keep a copy)


Yours Faithfully.


Note: The following are defined as “vulnerable groups” according to the National Standards for Enforcement Agents:

• Disabled

• The debtor or the debtor’s partner is suffering a long term illness.

• Single parent.

• Expectant mothers in the late stages of pregnancy.

• Elderly and /or infirm.

• Individuals suffering from mental confusion.

• People who are either blind or deaf.

• Persons where there has been a recent bereavement in the family.

• Those persons whose first language is not English.

• People who are in receipt of benefits.


Drakes: Overcharge on a Distress Warrant Complaint

Complaints Department

Drakes Group Ltd

Bridgman House

37a, Sun Street

Waltham Abbey

Essex.

EN9 1EL


Date (enter date)

Dear Sirs,

Re: Case Reference: (enter reference details)

I am writing with reference to the above, and to the recent visit from one of your bailiffs that took place on (enter date).

From your records, you will see that I was charged an amount of (enter amount) by your bailiff, which is made up of (enter details from receipt or from Subject Access Request)

On the 24th November 2006, the Department of Constitutional Affairs (DCA) made available to the public, by way of their website, details of the Bailiff Fees that can be charged by your company when enforcing Magistrates Court Distress Warrants. I am enclosing a copy of this, which clearly shows that your companies’ fees for administration and attendance have been capped at £200 (see below).

Accordingly, could you please ensure that a refund of ((enter amount of overcharge) is sent to me within 7 days of the date of this letter.

I would like to inform you that; if you fail to refund to me, the above amount within the time specified, I will not hesitate in copying this letter, and your response, to the Magistrates Court, and; if necessary, the Department of Constitutional Affairs.


Yours faithfully.


Note: For a copy from the Department of Constitutional Affairs, to include with this letter, please visit the following: here