Sister-in-Laws parking ticket/Bailiff visit

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

Did the bailiffs ever supply all the requested information at #29?

Did you SAR the Kingston office as per post #38?

Hi Amy

The bailiffs (CCS) sent a breakdown of their fees and a copy of the Warrant of Execution as in #24 and my SIL sent an SAR the same time as she SARed the bailiffs. If I remember correctly, my SIL didn't say whether she received any paperwork from Kingston. Think we may have to chase up this side of things.

We were both told by the TEC that she could still file a Stat Dec so I think my SIL is mainly going down the 'file the Stat Dec' route first, so that it will maybe cancel out the Order for Recovery. She knows it won't cancel out the Penalty Charge Notice. Given that the Order for Recovery has already taken place and she had already paid sums across to the bailiffs, she is now trying to claim back this money from the bailiffs after the event, so to speak

I've just been re-reading this thread because I have left it so long stuck in limbo and I think it's gone ar*e about face a bit lol. |Timelines are all messed up I think...


bfxx

[Guest]

Re: Sister-in-Laws parking ticket/Bailiff visit

How did she actually pay the bailiffs, with cash or with a card?

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

How did she actually pay the bailiffs, with cash or with a card?

Hi Cet


She paid with a debit card..

[Guest]

Re: Sister-in-Laws parking ticket/Bailiff visit

Have your sister look very carefully at precisely what she paid.

Did the bailiffs add any fees, in addition to the parking fine and their fees?

Post #45 explains what she might be able to do now, given that she has actually paid already and the TEC have declined her application.

Equita bailiffs Urgent help required!! please - Page 2 - Legal Beagles

Essentially, the bailiffs are only allowed to charge prescribed fees and cannot add fees for processing debit or credit cards.

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

Have your sister look very carefully at precisely what she paid.

Did the bailiffs add any fees, in addition to the parking fine and their fees?

Post #45 explains what she might be able to do now, given that she has actually paid already and the TEC have declined her application.

Equita bailiffs Urgent help required!! please - Page 2 - Legal Beagles

Essentially, the bailiffs are only allowed to charge prescribed fees and cannot add fees for processing debit or credit cards.

Hi Cet

Many thanks for your response and link Cet x

Very interesting reading in the above link. We didn't know this could be done.

Yes, I have copied a breakdown of the bailiffs fees from my previous post ( #24) which shows all monies paid over to the bailiffs by her debit card.. the breakdown of fees is as follows:

23/07/08 Debt £125 (penalty charge from local authority)

These are the bailiffs fees>

24/07/08 Pre-enf letter fee > £11.20 + VAT £1.96
14/08/08 DVLA Check > £3.50
15/08/08 Visit fee 1 > £38.14 + VAT £6.67
27/09/08 Visit fee 2 >£48.82 + VAT £8.54
27/09/08 Attendance van > £144.50 + VAT £25.29
02/10/08 Visit fee 3 >£57.27 + VAT £10.00
02/10/08 Attendance Van £144.50 + VAT £25.29
03/10/08 payment by DC £1.00

Total paid £651.68

If my SIL were to take the above action in post #45, how does she determine from the table of fees above what she can claim back off the card? (sorry for sounding like a dimwit lol. What are these 'prescribed' fees? and in other words, is she entitled to claim all or some of the bailiffs fees back?

We were also kindly told by Tomtubby in previous post #42 that the above fees are completely wrong. Cet, (or tomtubby) do you know what they should be?

Also, given that she has already paid and the TEC has declined her application, does she still need to go forward and file the N244 form? she doesn't know what to do regarding this, or forget that and just take the above link route?


Thanks Cet and anyone for your help in advance

bfxx

[Guest]

Re: Sister-in-Laws parking ticket/Bailiff visit

The "payment by DC £1.00" is not a prescribed fee. Your sister in law has no obligation, contractually or legislatively, to pay non-prescribed bailiff’s fees unless she made a voluntary agreement with the bailiff or a court ordered her to pay a specified amount to the bailiff which might include fees.

Essentially, she can claim back the whole sum because of that £1 fee and she should.

Your sister in law has been defrauded and this is a criminal offence. She should report this matter to the police. She must state that she has been defrauded by a bailiff under Section 15A(1) of the Theft Act 1968 (for offences before January 2007) or Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006. She must take evidence, including the bailiff’s receipt and a printout of the relevant fee schedule.

Also look here for more details of another case - JBW Group Baliffs and Parking Fine - Legal Beagles

She should not expect a warm welcome from the police, they will doubtless attempt to fob her off, but depending on the particular type of card, she may be covered under a scheme operated by her bank. Was it a Visa debit card?

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

The "payment by DC £1.00" is not a prescribed fee. Your sister in law has no obligation, contractually or legislatively, to pay non-prescribed bailiff’s fees unless she made a voluntary agreement with the bailiff or a court ordered her to pay a specified amount to the bailiff which might include fees.

Essentially, she can claim back the whole sum because of that £1 fee and she should.

Your sister in law has been defrauded and this is a criminal offence. She should report this matter to the police. She must state that she has been defrauded by a bailiff under Section 15A(1) of the Theft Act 1968 (for offences before January 2007) or Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006. She must take evidence, including the bailiff’s receipt and a printout of the relevant fee schedule.

Also look here for more details of another case - JBW Group Baliffs and Parking Fine - Legal Beagles

She should not expect a warm welcome from the police, they will doubtless attempt to fob her off, but depending on the particular type of card, she may be covered under a scheme operated by her bank. Was it a Visa debit card?

Hi Cet, yes it was a Visa Debit card (also electron) she paid with.....is this still ok? how does she go about claiming? does she contact her bank and get a form? or does she get in touch with Visa directly?

Sorry for all questions lol..it's the first time we have heard of this scheme.

With regards to the receipt, she thinks she knows she can provide this as evidence to the police and she has definatley got a print-out of the fee schedule from the bailiffs as in post #24..


She is worried about the timelines, because it was the 2nd October 2008 when the bailiffs demanded the money off her card. Will she still be eligible to partake in this scheme as some months have passed by. She has only just learnt that she has been defrauded and can claim her money back. We wonder if they will take this into consideration?


If, after she is successful in claiming her money back under this scheme, what normally happens after that? Will she get into more trouble from the bailiffs or court for doing this? will there be somesort of backlash? On one hand this sounds quite straightforward as there has been an offence committed by the bailiffs , on the other hand it's not like trying to take back 'candy from a baby' as these bailiffs would like to think they are in a powerful position and are above the police and courts. They won't stop at nothing to carry on committing offences and mistreating people as they do.


bfxx

[Guest]

Re: Sister-in-Laws parking ticket/Bailiff visit

Hi Cet, yes it was a Visa Debit card (also electron) she paid with.....is this still ok? how does she go about claiming? does she contact her bank and get a form? or does she get in touch with Visa directly?

Sorry for all questions lol..it's the first time we have heard of this scheme.

With regards to the receipt, she thinks she knows she can provide this as evidence to the police and she has definatley got a print-out of the fee schedule from the bailiffs as in post #24..


She is worried about the timelines, because it was the 2nd October 2008 when the bailiffs demanded the money off her card. Will she still be eligible to partake in this scheme as some months have passed by. She has only just learnt that she has been defrauded and can claim her money back. We wonder if they will take this into consideration?


If, after she is successful in claiming her money back under this scheme, what normally happens after that? Will she get into more trouble from the bailiffs or court for doing this? will there be somesort of backlash? On one hand this sounds quite straightforward as there has been an offence committed by the bailiffs , on the other hand it's not like trying to take back 'candy from a baby' as these bailiffs would like to think they are in a powerful position and are above the police and courts. They won't stop at nothing to carry on committing offences and mistreating people as they do.


bfxx

She is out of luck with the VISA chargeback scheme, as any claim must be made within 120 days of the transaction taking place. However, this does not mean she cannot recover all the money that the bailiffs took.

Your sister in law will need to pursue the bailiffs for fraud, which they have committed by charging for fees that are not prescribed in law.

The Bailiff has a right to appeal against a chargeback and must do this within 42 days but they have no grounds, your sister in law was defrauded. Once she has her money back she should file a Form 4 complaint against the bailiff, she should quote the crime number (if the police bothered to issue one) and enclose all supporting documents.

It is possible that the bailiffs may try to recharge the card, but since the chargeback was generated as a result of fraud, the bank software should detect this. There is a remote possibility that the bailiffs my make a civil claim for the money, but it is unlikely to succeed since your money was repaid under an Act of Parliament.

For more details, take another look at post #45 here Equita bailiffs Urgent help required!! please - Page 2 - Legal Beagles.

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

She is out of luck with the VISA chargeback scheme, as any claim must be made within 120 days of the transaction taking place. However, this does not mean she cannot recover all the money that the bailiffs took.
This looks as if my SIL cannot use this option,as the timescale has gone well over the 120 days......

Your sister in law will need to pursue the bailiffs for fraud, which they have committed by charging for fees that are not prescribed in law.

How does she pursue the bailiffs? Is it the same way we pursue the banks? For example, Prelim letter, LBA, court etc

The Bailiff has a right to appeal against a chargeback and must do this within 42 days but they have no grounds, your sister in law was defrauded. Once she has her money back she should file a Form 4 complaint against the bailiff, she should quote the crime number (if the police bothered to issue one) and enclose all supporting documents.

We wiil of course report this to the police first before filing a complaint form 4 and try to get a crime number..

Do you know why the police are so reluctant to take defrauded complainants seriously? given that the bailiffs have defrauded and committed a criminal offence? this doesnt make any sense at all..and this really doesn't give us all much faith in the police.

It is possible that the bailiffs may try to recharge the card, but since the chargeback was generated as a result of fraud, the bank software should detect this. There is a remote possibility that the bailiffs my make a civil claim for the money, but it is unlikely to succeed since your money was repaid under an Act of Parliament.

For more details, take another look at post #45 here Equita bailiffs Urgent help required!! please - Page 2 - Legal Beagles.

Thannxs for your reply Cet, I have got a couple of questions in relation to your above post, in which I have asked in blue text in your above post....

bfxx

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

Thannxs for your reply Cet, I have got a couple of questions in relation to your above post, in which I have asked in blue text in your above post....

bfxx

Hi and Good Afternoon Everyone


I just need to update this thread in relation to my SIL's pursuit of CCS Enforcement Services.

We have clarified in post 53# that she now cannot use the Visa Charge back scheme to claim her money back, as unfortunately the time line has now expired.

She now has to pursue the bailiffs for fraud, which they have committed by charging for fees that are not prescribed in law. Aside from going to the police,what is the correct (and legal) procedure for her to claim her money back from the bailiffs? Does she send them Prelim, and LBA letters?

Thanks for any replies bf xx

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

Hi and Good Afternoon Everyone


I just need to update this thread in relation to my SIL's pursuit of CCS Enforcement Services.

We have clarified in post 53# that she now cannot use the Visa Charge back scheme to claim her money back, as unfortunately the time line has now expired.

She now has to pursue the bailiffs for fraud, which they have committed by charging for fees that are not prescribed in law. Aside from going to the police,what is the correct (and legal) procedure for her to claim her money back from the bailiffs? Does she send them Prelim, and LBA letters?

Thanks for any replies bf xx

Hi again lol..I have just re-read 'Archer 66' thread and I took note of what you said Cet on your post 45#..this is very interesting..

"The Bailiff or his firm and anyone trading in debt recovery must have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. "

How do we find out if bailiff firms have got one of these?

Thanks for any info...bfxx

[Guest]

Re: Sister-in-Laws parking ticket/Bailiff visit

Hi and Good Afternoon Everyone


I just need to update this thread in relation to my SIL's pursuit of CCS Enforcement Services.

We have clarified in post 53# that she now cannot use the Visa Charge back scheme to claim her money back, as unfortunately the time line has now expired.

She now has to pursue the bailiffs for fraud, which they have committed by charging for fees that are not prescribed in law. Aside from going to the police,what is the correct (and legal) procedure for her to claim her money back from the bailiffs? Does she send them Prelim, and LBA letters?

Thanks for any replies bf xx

She needs to request a chargeback from her card issuer. On that form she can fill in the details of the transaction that she is claiming is fraudulent. There is no need to contact the bailiffs, the card issuer will do that.

All the information you need is on this thread, or the 'Archer 66' thread.

Hi again lol..I have just re-read 'Archer 66' thread and I took note of what you said Cet on your post 45#..this is very interesting..

"The Bailiff or his firm and anyone trading in debt recovery must have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. "

How do we find out if bailiff firms have got one of these?

Thanks for any info...bfxx

To check the Consumer Credit Licensing Public Register she should call 0207 211 8608 and press 1 to search register, or she can check here Public Register if they are not licensed then make it known on the chargeback form (see above.)

[bloomingflower]

Re: Sister-in-Laws parking ticket/Bailiff visit

She needs to request a chargeback from her card issuer. On that form she can fill in the details of the transaction that she is claiming is fraudulent. There is no need to contact the bailiffs, the card issuer will do that.

All the information you need is on this thread, or the 'Archer 66' thread.



To check the Consumer Credit Licensing Public Register she should call 0207 211 8608 and press 1 to search register, or she can check here Public Register if they are not licensed then make it known on the chargeback form (see above.)

Thanks for your reply Cet..


Just one other question Cet..not trying to confuse matters, me and my SIL have just realised that since it has been known that Rundle and Co have taken over CCS...they are still 'trading' (if thats the right word) as CCS Enforcement, not Rundle. They obviously haven't dropped the CCS logo/name so to speak. (have I just confused myself?)

The main reason for me asking is because if Rundle have taken over CCS, then the Consumer Credit License would be in their name? or CCS or both?

any thoughts Cet?

edit to add >> I am not sure if I have answered my own question above... I have just googled both CCS and Rundle and they both seem to have identical looking websites. They are also both based in Market Harborough. I have also spotted a different registration number on each of their sites, I am presuming that this is their credit license numbers. Is this right?

I think I am just trying to establish if they are just one company with two company names?, or two companies with two company names?, but since Rundle have taken over CCS, and CCS are still trading as CCS, I guess it is the latter, hence the two registration numbers, or am I completely off the track?

gawd, I've just given myself a headache at this time of night lol...

My other half's watching Mission Impossible on the telly, isn't that ironic?? LOL




bfxx

[Guest]

Re: Sister-in-Laws parking ticket/Bailiff visit

You are in danger of getting sidetracked.

Start the process by obtaining a chargeback form from your sister in law's card issuer and contacting the police to report fraud. Complete and send the form back and once you have done that, you can worry about who owns whom.

[playerone]

Re: Sister-in-Laws parking ticket/Bailiff visit

Hi sorry for the bump

I am also dealing with CSS from Kingston regarding a ticket. I had appealed it and not recieved a reply from them, my parents moved house 2 weeks before the rejection, I filled out a TE7 and TE9 forms stat dec, and the court since suspended my case and sent it back to kingston council.

Despite me telling the bailiff this he continued to harras my family (both my parents are disabled and do not speak english as a first language and are elderly) 3 different vunralble groups, dispite telling steve sampson this he showed up at their house. I had a feeling he would so I stayed the night.

I came out to see him, and he and his henchman tried to push past me and kept a foot in the door. I pushed them back and slammed the door on his foot. I immidiately called the police and they fixed up as soon as the officer arrived and stoped holding the chain so i can chain the door.

This as far am i'm aware is illeagal for them to do. I know my rights and have informed him that i know them.

I am now complainig to his company, govourning body, local council and northampotn court. I'm also sending a copy of all documentaion to local mp and councillor.

I suggest you do the same, I'm currently on a personal vendetta to make sure steve looses his bailiff licence as he thinks he is above the law and this company do not opperate under their codes of practice.

I wanted to step outside to talk to him about the situation and he tried to force his way in.


On his first visit he spoke to my dad, who does not speak english properly and told him he will seize my car. We had no letters saying he will come or has been sent. In the last week I have been hitting brick walls and running in circles in order to find out hat happened.

My parents moved house and mail was not fowaded to them regarding my appeal, it was rejected 2 weeks after the move. the first thing we hear from the bailiff is that he wants £651 plus he's seizeing my car.

He filled out a seizure notice and handed that to my father.

so far it was a seizure notice and a letter stating that i owe £651.

(this is illegal)

I suggest if anyone else has a complaint about this company or bailiff to file complaints about him.

He also almost crushed my neice (1 and a hald year old) behind the door. what a basta... If he had hurt he in anyway he would not be breathing.

Point to concider

You do not have to let bailiffs in.
If they come call the police then they will act properly and will not try to force entry.

he even issued me with a bill for £700 the second time he came, even though the courts have suspended the case. Again with no itemisation.