What Bailiffs Can Charge - Know Your Rights

First Published by: Advice Now

Some bailiffs take advantage of the fact that few people know what they can and can't be charged for and, according to an undercover reporter for the BBC, bumping up charges and charging for visits that never actually occurred happens frequently. Always check what you have been charged for, and question any visits that sound unlikely. The National Standard requires bailiffs to issue a notice every time they do something for which they charge you a fee. Ask to see copies of the notices that go with any suspicious visits or other fees.

How much bailiffs are allowed to charge, and for what, depends on the type of debt they are collecting. When the bailiffs come round they should give you a copy of their scale of charges. If they don't, ask for one.

You should definitely also ask in writing for a breakdown of what the bailiffs are charging you. You can use this to check that you are not being overcharged.

If you think you have been overcharged, or are unsure if the charges are correct, get help from an adviser. You have a number of options for challenging fees, including asking a judge to decide if the fees are fair and correct.

Bailiffs and Council Tax issues:

Bailiffs collecting Council Tax are not allowed to charge you for letters, but they can charge for 2 visits. They can't charge you for any more than two visits (unless you owe Council tax for more than one year, then they can charge you for two visits per year). If they take your stuff, they can also make a 'levy charge' for their time and effort. The amount depends on the size of your debt: the more you owe, the higher the charge. Get advice about the current figures.

They can also charge for making a Walking Possession Agreement and, if you have not kept to the agreement, they can charge you for hiring a van to take your belongings away. This must be in line with normal van hire rates. Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement' - although many dodgy bailiffs will try this.

They can also charge 'reasonable costs' for selling your stuff. If they have taken your stuff away, but don't sell it (because you have since paid up) they can still charge you. If you have paid the debt and costs off in full (whether by a lump sum payment or by instalments) they cannot charge you - although this is also something dodgy firms will try.

Be suspicious of anything not mentioned here - in particular anything called an 'enforcement' fee. If they do charge you more, get help from an advice centre.

Are you paying too much Council Tax?