reclaiming bailiffs charges

[mumsy]

hi

wandered if any one has any ideas to claim back fees charged by bailiffs.

I had my car clamped by Newlyns for a parking ticket. The debt was for 185.00 but by the time Newlyn added their fees it was over £700. The first i new of this parking fine was when my car was clamped outside my home. When I called the number on the notice left on my windscreen I was told that the Local Authority had gone to Northampton County Court and passed on fee recovery to Newlyn. I told the guy on the phone I couldnt pay all in one go and would he accept installements?

He refused and said if i didnt pay in cash my car would be taken away and crushed and the costs would increase.

I requested a statement of how the fees had rocked from £185.00 to £700+. I got a statement in the post listing:

£11.20 for first letter
£105 for attendence/van
£55 first visit fee
£65.00 Second visit fee
£120.00 removal charge (apparently for clamping my car)
£75 levy fee
£20.00 for HPI check

needless to say I didnt recieve any letters or visits from them and the first I became aware of anything was when I went to use the car to drop off the kids to school and go to work!

I begged and borrowed the money from family and friends and paid £703.88p as I need the car and did'nt want more fees added to this huge debt. Can this company do this? Could anyone help me to reclaim any of these charges as I am a single parent and am desperatly wondering how i am going to pay back all the money i have borrowed?

Thanks very much

[calamity jane]

Re: reclaiming bailiffs charges

Welcome to Legal Beagles mumsy.

I'm sorry, I don't know enough about Bailiffs to answer your question.

Someone will be able to advise you tomorrow on how to proceed with a claim.



CJ

[Amy]

Re: reclaiming bailiffs charges

This looks to me as if they have mixed up their fees between what they are allowed to charge for a magistrate court fine and what they are allowed to charge for a county court fine.

The breakdown they have supplied you with does not add up to £700 either. I would send them a full Subject Access Request. You can find that here Bailiff Guide - Legal Beagles

[mumsy]

Re: reclaiming bailiffs charges

thanks

[BAILIFFCHASER]

Re: reclaiming bailiffs charges

Before you go claiming your fees you need to fill these in :
http://www.hullcc.gov.uk/pls/portal/...PPLICATION.PDF

[cancun2002]

Re: reclaiming bailiffs charges

Excactly the same thing has happended to me last night. Clamped by newlyn overnight, no letters, warnings. Had to pay £650 to stop the tow truck taking the car away. Had already paid a payment by debitcard for the original parking fine to my local council over the phone (had been disputed as outside my house when my driveway had been blocked that day). This they now say was insufficient as the order for recover was £110 and has to pay in full. This was paid last Sept and they clamped my car last night with no warning!

I'm really upset and cant beleive my local council treat people like this. Bailff wouldnt take part payment and same as you I had to cough up straight away and now i'm skint! Single mum etc etc. Its appalling this goes on and I really feel for you.

Sorting some legal advice but I fear the worse. I feel raped!

[Amy]

Re: reclaiming bailiffs charges

Have a look here, specifically post #4 for precise instructions as to what to do next JBW Group Baliffs and Parking Fine - Legal Beagles

[cancun2002]

Re: reclaiming bailiffs charges

Thanks you so much for responding. could I please give you a little more info.

I did go immediately to the council offices after the bailiff left. they would only speak to me over the phone as I sat with one of the advisors (in a hysterical mess!)

When the original parking tkt arrived, I argued that there was nowhere else to park my car as a the builder was unloading from the garage - the warden would have seen this. They eventually sent me a letter as 'gesture of good will' to charge me just £35 for the fine. My error was then having thought I had sent a cheque from work - i hadn't - and they sent me a TE3 Order for Recovery for £110 on 5th Sept 09.

I called them immediately and argued that I was sure I had paid the £35 and I checked my online back statement whilst on the phone. It hadn't been cleared. I said I would pay the £35 over the phone- they kept refusing saying it had to be the full amount but eventually accepted my £35 debit card payment.

they sent me a receipt on 20th Aug for the £35 and I thought nothing more of it.

Yesterday was when the bailiffs clamped the car overnight. Have never had any letters from them. When they knocked for the money, on Newlyns headed paper they gave me a notice of seizure for court fees £75, Bailiff fees £376.24 Total £451.24 and a separate letter showing £662 if I didnt pay up in full immediately which included the tow charge.

The council say they dont need to have sent me a warning to say there was a balance owing as they said they had warned on the phone at the time when they took the £35 payment that I will have to pay the remainder (?) They refuse to help and say i should complain to the bailiff. The bailiff office just refers me back to the thug who turned up at the door!

Like I say no correspondance from them or the bailiff since the receipt and they have taken £660 from me (all after a 'gesture of goodwill'). In the time that i spent trying to contact the council office and getting advice they sent for a tow truck.

They refused point blank to allow me to pay any installments.

I'm so angry about this. Am I wasting my time if I borrow money for a solicitor and take them to court? Im really stressed out and having been made redundant in December (explained to the bailiff) I'm all over the place.

Sorry to go on but any advice would be so much appreciated.

[Amy]

Re: reclaiming bailiffs charges

Am I wasting my time if I borrow money for a solicitor and take them to court? Im really stressed out and having been made redundant in December (explained to the bailiff) I'm all over the place.

You do not need to borrow any money to pay for this, you can do it yourself.

Write a strong letter to the council and to the bailiff company in the first instance, using the information from the link I gave you earlier and then we can take it further if you wish, which I hope you do.

Post up your draft letters here if you would like some help with wording.

[cancun2002]

Re: reclaiming bailiffs charges

Thank you so much.

[username]

Re: reclaiming bailiffs charges

Hello,

I am also in a similar situation, not sure if I should start a new thread but it seems the same thing as the previous posters

I paid nearly £700 last week to stop Newlyn bailiffs taking my car away- for a PCN issued to my old address. At the time of the PCN my car was still registered to the old address, however by the date that the council tells me the Warrant of execution was sent it was correctly registered yet I received nothing and did not know about it until they turned up last week.

Of course the bailiffs told me a pack of lies to get me to pay the money, making it sound as if it would be easy to claim it back from the council, etc. As it was Saturday morning I couldn't contact the council either.

I've had some help from Bailiff Advice online, I have sent forms TE7 and TE9 off and am writing to the council parking dept. I am expecting the out of time declaration to be rejected and that then I will need to take it to the county court.

I've asked Newlyn to send me the breakdown of costs.

I feel very stupid for having paid them now, but at the time it seemed the only option, as the supposed charges were going to go up if they towed it. However i now know that by putting the forms in on Monday morning I would have suspended the action, however too late for that now...

Is there anything else I can do?? Please help if you can. If Newlyn are having so many complaints against them surely the council should allow me to appeal the ticket??

Any help appreciated.

[Amy]

Re: reclaiming bailiffs charges

Just don't give up, they won't give up easily. You should also take this up with the council since they are vicariously liable for these bailiffs.

[username]

Re: reclaiming bailiffs charges

Thanks, I am writing to the council- should this be the parking department or copied to someone else? Is there anything else I can do other than what I am already doing?

Thanks a lot

[Amy]

Re: reclaiming bailiffs charges

I have no idea, but it'll probably be somewhere on their website.

It sounds to me like you're on top of everything. Let us know how you get on.

[username]

Re: reclaiming bailiffs charges

I wonder if someone can help me work out if I have been overcharged by the bailiffs. I've just received a breakdown of the charges I paid the other week.

Just to reiterate the first I heard about the parking ticket was when they turned up at the door and told me they had clamped the car, as they had been using a previous address. I'm not sure what 'Enforcement Fee' means?

Version:1.0 StartHTML:0000000149 EndHTML:0000000965 StartFragment:0000000199 EndFragment:0000000931 StartSelection:0000000199 EndSelection:0000000931 All these also contain a VAT charge except the debt
Debt 185.00
First Letter 11.20
Finance Check 20.00
Enforcement fee 105.00
Visit Fee 1 57.00
Canx Tow Fee 90.00
Payment by C/C 19.63

Many thanks for any advice