and so it continues.....

[sparkle99]

This is an email I just received, any advice to what I can say back to them please?

Good Afternoon,

We write to you with regards to your email below of which all contents have been noted.

We have reviewed your account and we can see that since the completion of the Levy on 10 October 2012 you have spoken with our Bailiff as well as having made multiple payments to lower your balance.

We have sent letters to your property and received emails which we have replied to and despite all this no questions were ever raised due to the levied vehicle before. We can confirm that the Levy was completed on 10 October 2012 at approximately 11:28 whilst the vehicle was parked directly outside your property. This gave us reason to believe that it belonged to yourself.

Given the information supplied we will question why only now you raise dispute.

[bluebottle]

Re: and so it continues.....

This is an email I just received, any advice to what I can say back to them please?

Good Afternoon,

We write to you with regards to your email below of which all contents have been noted.

We have reviewed your account and we can see that since the completion of the Levy on 10 October 2012 you have spoken with our Bailiff as well as having made multiple payments to lower your balance.

We have sent letters to your property and received emails which we have replied to and despite all this no questions were ever raised due to the levied vehicle before. We can confirm that the Levy was completed on 10 October 2012 at approximately 11:28 whilst the vehicle was parked directly outside your property. This gave us reason to believe that it belonged to yourself.

Given the information supplied we will question why only now you raise dispute.

Er, that does not relieve them of their duty to ascertain legal ownership of the vehicle. What they have stated is pure bull$hit. They're going to have to come up with something a lot more plausible and credible than what they have. Press them for evidence of checks as to ascertaining of legal ownership of the vehicle.

[sparkle99]

Re: and so it continues.....

I live in a flat on a street you can park down, they could have picked any bloody car out of at least 20 in the road outside my flat! I don't even have a driving licence nevermind a car! I am going to fight them and I am going to win!

[bluebottle]

Re: and so it continues.....

Then they have committed Fraud by False Misrepresentation (Section 2, Fraud Act 2006). They must produce evidence that proves, conclusively, that you are the Registered Owner/Keeper of the vehicle they have levied on. It is no good them coming out with the crap they have. To the best of my knowledge and belief, it is not a defence, in the circumstances you have described, for them to assume you owned a vehicle without conducting sufficient checks to ascertain the veracity of their claims.

[sparkle99]

Re: and so it continues.....

And the fact that it has taken me so long to question them? how rude! I have replied and told them that I received a letter with a scrawled registration number on it so i called them immediately to tell them that it wasn't my car and then made arrangements to pay and that I didn't know until i received a breakdown of fees that I had been charged for it.

[bluebottle]

Re: and so it continues.....

Then they have to pay the money back as they have obtained it fraudulently. As Fraud by False Misrepresentation is a criminal and not a civil matter, you are under no obligation to give them any notice of action you may take against them and their numpty of a bailiff. Depending on the amount of money involved, you could pursue them through the Small Claims Procedures in the County Court, citing both the bailiff company and the bailiff as defendants. A CCJ against a bailiff would be the kiss of death to their certificate. They are not permitted to act as a bailiff with a CCJ against their name. It would also harm the bailiff company, too. However, Civil Procedures Rules require that you try to resolve this without going to court. Litigation is a last resort measure when all other attempts at resolution have been exhausted.

[ODC]

Re: and so it continues.....

How dare they question you as to why you are querying their lies now. The simple answer is that they lied, cheated and bullied you into paying their legalised extortion. Now that you have the benefit of advice you can see that they are lying, robbing, ba$tards (allegedly) and you are determined to get back that which they stole off you. Hell will not be full until these people are in it. They are worse than scum.

[sparkle99]

Re: and so it continues.....

lol. i have written this to them:

The first I knew about a levied vehicle was when i received a letter with a registration number scrawled on it, i immediately rang and told the office that it was not my car,
I did not know until today when I received a breakdown in fees that I had been charged for a levy, so now I am asking why I have been charged for a levy on something that had nothing to do with me?
I am also questioning the attendance with a van costs and how it has varied from £115 to £220 and how unless items have been levied then nothing can be taken so if I don't own a car and no one has been in my home then surely there is nothing written down to take away?

[bizzybob]

Re: and so it continues.....

lol. i have written this to them:

The first I knew about a levied vehicle was when i received a letter with a registration number scrawled on it, i immediately rang and told the office that it was not my car,
I did not know until today when I received a breakdown in fees that I had been charged for a levy, so now I am asking why I have been charged for a levy on something that had nothing to do with me?
I am also questioning the attendance with a van costs and how it has varied from £115 to £220 and how unless items have been levied then nothing can be taken so if I don't own a car and no one has been in my home then surely there is nothing written down to take away?

Add that as the levy was unlawful, they must refund ALL fees including ALL levy and attending to remove fees as all they are legally entitled to is a total of £42.50, for a first and second visit fee. All other fees fall with the unlawful levy so MUST be refunded.

[sparkle99]

Re: and so it continues.....

I have sent this:

I would also like to point out that you have duty to ascertain legal ownership of the vehicle which if you did you would have found it to not be mine and makes the levy against it unlawful, in which case I expect a refund of the fees charged in relation to the levy and the attendance with a van.

If anyone can add anything else it would be much appreciated. Thanks.

[ploddertom]

Re: and so it continues.....

Sounds to me as if they may be monitoring both of your thread on here.

[sparkle99]

Re: and so it continues.....

How would they and even if they were what difference does it make if they have acted unlawfully!?

[ODC]

Re: and so it continues.....

If Baliffs kept within the law then they would not have to worry about people reporting them. Its when they lie, cheat, bully and use deception and bogus paperwork that they come under notice and the attention of the good folk on here

[sparkle99]

Re: and so it continues.....

actually if they are following my posts it might make them shift their bums and give me my money back! especially if they think i'll report them.

[IanM]

Re: and so it continues.....

actually if they are following my posts it might make them shift their bums and give me my money back! especially if they think i'll report them.

Even if you get your money back you should report them anyway, they have still broken the law and it's about time they were more accountable for their actions!