bailiff tactics

[justice]

my daughter had pay £1324 otherwise he would take the car away and a further £300 would be added. These are for 5 penalty notices. (she is a carer )
She paid £500 and arranged for payments of £170 per month to finish it of quickly She has now paided £1010 On he last payment she was told that she owed a further 900 but if she payed 300-400 would be final settlement. She said that she could not afford this. she wrote to ask for subject access request, and that she did not agree with there charges, to take her last payment as a final settlement, they sent the access form but did not agree to the settlement. The forms show that they sent 2 letters to the wrong address, charged 2 levy and attendance fees to the wrong address on the same day.obviously she was not there. They also charged her levy fee 2 when they clamped her car. And 2 levy fees and 2 attendance fees 3 letter fees on the day she was clamped. She has written back to them stating that she was not living at that address and that she had not received the 3 letters at her new address. I have now received another bailiff notice with a further 73.60 incurred. I am now writing back to request evidence of the liability order, and if a trace was performed. . Does she have to carry on payments, she is of work with a disclicated shoulder any advice on what she is doing

[calamity jane]

Re: bailiff tactics

Welcome to Legal Beagles.

I'm afraid I don't know enough about Bailiffs to advice you, but someone who does will be along soon.

While you are waiting, have a read through theBailiff section which should give you an idea of what Fees they are entitled to charge.


HERE


CJ

[Amy]

Re: bailiff tactics

my daughter had pay £1324 otherwise he would take the car away and a further £300 would be added.

A further £300 added for what?

On he last payment she was told that she owed a further 900 but if she payed 300-400 would be final settlement.

If she legitimately owed a final payment of £900 why on earth would a bailiff accept the lesser sum of £300-£400?

The forms show that they sent 2 letters to the wrong address, charged 2 levy and attendance fees to the wrong address on the same day.obviously she was not there. They also charged her levy fee 2 when they clamped her car. And 2 levy fees and 2 attendance fees 3 letter fees on the day she was clamped.

As for all these fees, you might like to ask them why they have charged levy fees for levies which were not made. They cannot possibly charge a levy as she does not even live at the address they claim to have levied at.

This is just an experiment in how much money they can make from her.

I have now received another bailiff notice with a further 73.60 incurred.

Again, incurred for what reason? As above, they are adding arbitrary figures in the hope she will pay.

I am now writing back to request evidence of the liability order, and if a trace was performed

A liability order is for non payment of council tax. Did she have no prior knowledge of the fines?

Does she have to carry on payments, she is of work with a disclicated shoulder any advice on what she is doing

Absolutely not, she should not give them another penny until and unless they provide proof of how these fees are made up.

I would even hazard a guess that they will end up owing her a lot of the money she has paid, but she will need to pursue this.

[justice]

Re: bailiff tactics

thankyou so much for your replies, sorry i got confused with the liability order i have been looking up so much regarding this matter that i got it wrong. I have been preparing to send them a letter, because she signed a agreement for payment can they still come back if she stops paying. whilst i am pursuing these charges also the car is now broken down and as been scrapped. can they come and clamp her new car
You have given me the confidence to pursue this

[justice]

Re: bailiff tactics

sorry i forgot to answer your questions. the further £300 was if she did not pay half and payment arrangement for the rest they would take away her car and charge her an additional fee of £300. he gave her 1 hour .when he came back he excepted 500 cash and a payment arrangement of 170 per month my daughter wanted to get rid of the debt quickly, even though it has been a struggle. I did not mean a liability order but a trace on where she lived,they say dvla positive on their statement, but I had changed my address with them before that date

[Amy]

Re: bailiff tactics

What exactly did she sign and what was listed?

If she has scrapped the vehicle the levy applied to, then no, the levy does not automatically transfer to the new vehicle.

[justice]

Re: bailiff tactics

i am not sure it was a notice of seizure pink form and on the inventory is the car only
thankyou

[justice]

Re: bailiff tactics

i have now sent letters to the bailliffs and council to report my findings from the Subject Access Request stating that the bailiff acted illegally levying at the wrong address, attendance to remove fees charged illegally when no levy was made. I await now their replies. Hope this enlightens anyone else who is in the same position,although I do not know the result yet. I will keep you posted. The only thing that worries me is if they can come and take anythin else because of the payment agreement.

[Amy]

Re: bailiff tactics

The only thing that worries me is if they can come and take anythin else because of the payment agreement.

See post #6.

[BAILIFFCHASER]

Re: bailiff tactics

Has your daughter filed these forms yet per pcn ?
http://www.hullcc.gov.uk/pls/portal/...PPLICATION.PDF


If not then its no use chasing the bailiffs.

[justice]

Re: bailiff tactics

no i am still awaiting replies, then i will no what action to take. will keep you informed

[BAILIFFCHASER]

Re: bailiff tactics

Filing these forms will kill the warrants and enforcement. Until you file these they will still be live. Regardless of what you do nothing will happen.

[wiccaqueen]

Re: bailiff tactics

If your bailiff is collecting 5 parking tickets he cant charge multiple fees
i understand this judgement was for council tax but the same apples for parking tickets

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:
“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

they cannot charge so many fees if only one visit is made

[justice]

Re: bailiff tactics

happy new year to you and your team.
I have now heard from the bailiff who are saying that they levied at the wrong address on the same day at two separate address one at our old address and one at a completely different address. They say that the problem appears to have arisen as a result of the way the address has been registered. We have had no problem our licence and tax notifications come through. The addresss in which they refers toare the wrong flat number, the wrong building information and the wrong post code, the only corrrect thing is the road name. They charged letter fees, Levy fee 1 and Attended to Remove fees total 151.48 and 216.48.
plus Levy fee 2 fees on the day that they clamped the car 67.85 and 71.30. they also charged 2 letter fees on the other 3 notices which we did not receive ,and 3 levy fee1 fees plus a Attend to Remove fee.
------------------------------- merged -------------------------------
This is how they arrived at the original 1324.32 including the court fee of 25 and the original parking ticket. They are now saying that they will deduct 360.92. This is included with the final pn notice which they issued . They received this the day after they clamped. they have again charged letter fee, levy 1 fee Attend to remove Fee and a 2 Levy 2 fee Total 282.03. She has not recieved any of these notices she was paying the bailiff every month. I now notice that they have on there invoice ,and on there statement the wrong address. I feel that there is something wrong with their administration or they are acting illegally. They are now asking for 404.03. I have paid £1010 up to date the original penalty notices amount to £565
------------------------------- merged -------------------------------
The council are saying that they are unable to deal with this case at this stage of the process and further queries should be ent to the bailiff.
Sorry for the long letter but my daughter suffers from anxiety and stress , she is working doing qualifications within her job and going to college doing exams there to get her place in University and this as not helped matters. If it was not for me being able to have time to look into this matter she would be in a complete mess. With the bailiff asking her for a additional £764.95

[Amy]

Re: bailiff tactics

Originally Posted by Amy
Justice,

From what you have said, I have calculated the maximum amount the bailiffs could charge as follows:

Each ticket was originally £90, bailiff fees could therefore possibly be (maximum) £95.20 each (£476 for all five).

Plus each original ticket of £90 x 5 = £450.00

Total for all five tickets = £926.00.

So I would say your daughter has overpaid by £84 on the above figures.

She has paid £1010 in total for these tickets.

Do you agree with my figures?

If you do, then the bailiffs are committing fraud by asking for more money for services/work for which they have not carried out.

Have a look at this thread (post #5) for more information and let me know how you want to proceed.

Rossendales Bailiff - Legal Beagles

Thank you for your reply Amy.

4 of the original tickets were for 105 and one for 75
Total 495
Court fee 25
Bailiff costs 804.32
Total 1324.32
Since I wrote to the council and the bailiff, the bailiff have cancelled the fees of 287.32 which they levied at the wrong address. Plus 73.60 fee which they added last time. Total 360.92.

This would bring the total down to 964.40

I wrote to them again with regard to levying at the old address also on that same day with costs of 219.33.
Their reply was that the address was provided on the warrant. It was not therefore incorrect. Even though on their statement it says that a DVLA positive was done a month earlier.
They also blame the way that the address has been registered at the DVLA that they went to the wrong address. There is nothing wrong with the registration. we have all got our new licence and get our tax renewal through okay. The council use the same address as on the licence. The bailiff say that they use Royal Mail but they entered the wrong flat no and the wrong building no.
They have taken a further 104.03 of the costs.
Which brings the total to 860.37.
I believe they should have taken the full amount of.
They are now asking for £300 which includes the final penalty notice that my daughter did not know about until she asked the bailiff for her balance.

This notice was passed to bailiff the day after she arranged payments on the other 5 penalty notices.
They have charged letter fee 12.88, levy fee1 34.50, attend to remove 164.50, levy fee2 ,70.15 Total 282.03.
The original ticket 90.00 plus costs 5.00 Altogether 377.03.
The address is wrong on the invoice and the statement. No-one came to this address and levied because my daughter was at work on those days.
I am now going to write back to them again and the council. I am not prepared to pay the 300. otherwise I shall ask the court to decide.
Would this be the best action to take. Thank you justice
This would bring the total down to 964.40

Originally Posted by Amy
Justice,

Right ok, can this go on your thread now? I think it should.

Did you read the link I gave you earlier? This is fraudulent and they shouldn't get away with it.

Did you file a Statutory Out of Time form with the court because you didn't even receive the final ticket?