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Throssel v Leeds City Council??

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  • Throssel v Leeds City Council??

    I am in the midst of fighting some charges from Jacobs. I am argueing charges they have made for 4 liaibility orders they held against me. They visited my home on 1 occasion and have charged me 4 first visit fees. I wrote to the quoting Throssel v Leeds and they have responded with the below:

    With reference to the Throssel V Leeds City Council case you refer to the comments do NOT relate to statutory fees i.e £24.50 first visit, Schedule 5 Header H, walking possession or levy fees. They relate to enforcement charges. It means the Bailiff cannot charge multiple fees is only one visit is made in relation to the “reasonable fee” element of Schedule 5 – ie if multiple Liability Orders are called upon at the same time the Bailiff should only charge 1 set of fees. This is exactly what we do at the Enforcement Stage “For one attendance with a vehicle with a view to the removal of goods (where following the levy, goods are not removed)”, therefore your reliance on this case is not relevant to this matter.

    Any thoughts on how to respond, I was thinking if they only quoted 1 reference number on the paperwork they left, do they not have to prove the visited for all the orders?? What is the deal with the above?? any advice appreciated!!
    Last edited by trlnurse; 28th March 2011, 21:38:PM. Reason: fonts
    Tags: None

  • #2
    Re: Throssel v Leeds City Council??

    The only fees a bailiff can charge are the statutory fees. To charge anything else is fraud.

    Straws and clutching spring to mind.

    Have you researched the fraud element?

    Comment


    • #3
      Re: Throssel v Leeds City Council??

      I've quoted fraud at them, and they have reimbursed some of the fees they took from me, but they will not budge on this mutiple fee charge, even convinced the council, its legal. Don't know how to proceed??

      Comment


      • #4
        Re: Throssel v Leeds City Council??

        Send them a Letter Before Action for the fees and if they don't refund you, follow it up with an N1.

        Let them explain themselves in court.

        Comment

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