Re: Dispute with Bailiff
Amy,
Point taken, I think I was trying to do too much in one letter and have now written two, one as a response to there letter and the one below regarding the Card Fees.
Can you take a look at it please?
Re: Council Tax Reference: ******
I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs. [Council] and its Executive Officers may be criminally liable for Assisting an Offender by receiving or benefiting from the proceeds of a money transfer originating from crime.
I have enclosed a copy of a letter received from [Bailiff[ which details the charges and fees added to my account. They have indicated that they have charged Card Transaction Fees for all debit card payments made. There is no entitlement for your bailiff to charge me a Card Fee or any fee to process a money transfer for himself because the law does not prescribe any fee of that description.
Section 10 of the Distress for Rent Rules 1988 states:
No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.
I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. I am quite sure the council did not intend to contract a firm of tricksters who have been found defrauding a member of the public in this way. They may be bailiffs but that does not make them less liable than any other public service contractor, e.g. an electrician. However, a bailiff is in a position of trust and in abusing that position and charging me a 2.5% Card Transaction Fee [Bailiff] have committed an offence and defrauded me under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006.
For the avoidance of doubt, that in your failure to furnish me with a satisfactory response within seven days, I will automatically file a complaint with the Local Government Ombudsman that you the council is aware that a contractor working under your instruction is engaging in criminal activity by defrauding members of the public. If you wish to start an investigation of your own, please be advised that in the absence of a response this doesn't delay proceedings or filing a criminal complaint with a police authority.
This document is a notice of proceedings and is delivered by Royal Mail Recorded Delivery and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and in your own interests this letter is handed to the relevant person within your organisation, and I regret I am unable to discuss this matter by telephone or in person as I am acting under legal advice.
I request a copy of this letter is kept on file with my account for future reference.
I think that is more straight forward and to the point, what do you think?
Amy,
Point taken, I think I was trying to do too much in one letter and have now written two, one as a response to there letter and the one below regarding the Card Fees.
Can you take a look at it please?
Re: Council Tax Reference: ******
I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs. [Council] and its Executive Officers may be criminally liable for Assisting an Offender by receiving or benefiting from the proceeds of a money transfer originating from crime.
I have enclosed a copy of a letter received from [Bailiff[ which details the charges and fees added to my account. They have indicated that they have charged Card Transaction Fees for all debit card payments made. There is no entitlement for your bailiff to charge me a Card Fee or any fee to process a money transfer for himself because the law does not prescribe any fee of that description.
Section 10 of the Distress for Rent Rules 1988 states:
No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.
I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. I am quite sure the council did not intend to contract a firm of tricksters who have been found defrauding a member of the public in this way. They may be bailiffs but that does not make them less liable than any other public service contractor, e.g. an electrician. However, a bailiff is in a position of trust and in abusing that position and charging me a 2.5% Card Transaction Fee [Bailiff] have committed an offence and defrauded me under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006.
For the avoidance of doubt, that in your failure to furnish me with a satisfactory response within seven days, I will automatically file a complaint with the Local Government Ombudsman that you the council is aware that a contractor working under your instruction is engaging in criminal activity by defrauding members of the public. If you wish to start an investigation of your own, please be advised that in the absence of a response this doesn't delay proceedings or filing a criminal complaint with a police authority.
This document is a notice of proceedings and is delivered by Royal Mail Recorded Delivery and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and in your own interests this letter is handed to the relevant person within your organisation, and I regret I am unable to discuss this matter by telephone or in person as I am acting under legal advice.
I request a copy of this letter is kept on file with my account for future reference.
I think that is more straight forward and to the point, what do you think?
Comment