bailift help needed pleaseee

[guspoppy]

i had bailifs round as i owed a fine for driving in pedestrian zone..the took down list of things in my flat, i offered to make payments of 25 pounds per fortnight as i am on jobseekers allowance. i stuggled and couldnt afford to keep payments as i have so many others coming out, then i got home to find letter from bailifs saying they had called to remove goods, and as i wasnt there for costs they have added 238 pounds.. i tried to ring but no answer...then i got letter few days later.. another 238 pounds added on.. what was a 108 pound fine is now 758 !! i managed to speak to bailif earlier... and he has given me til monday to get as much of the money as i can.
would it be worth ringing council to see if they can take back the debt and i get money from a friend who has offered to loan it to me to pay it immediatly so i can avoid bailift?

i dont know what to do as the charges keep going up.........

thanks.

[labman]

Re: bailift help needed pleaseee

Was it a Penalty Charge Notice you received?

Have a read of this link and come back with any questions:

Bailiff Guide - Legal Beagles Consumer Forum

[CleverClogs]

Re: bailift help needed pleaseee

i had bailifs round as i owed a fine for driving in pedestrian zone..the took down list of things in my flat,

Why did you allow the bugger to enter?

[guspoppy]

Re: bailift help needed pleaseee

Why did you allow the bugger to enter?

i didnt know that i shouldn't have until i came on here.

[labman]

Re: bailift help needed pleaseee

OK, so we take it from where you are. Have you read the guide? Can you answer the PCN question? When did this all happen?

[guspoppy]

Re: bailift help needed pleaseee

OK, so we take it from where you are. Have you read the guide? Can you answer the PCN question? When did this all happen?

it happened last year, i didnt know they had fined me. it wasnt until last week.

i got a letter from bristol and suitor and i contacted them as i thought i was already paying it off (stupidly i already had a fine from the council. at the time , about 6 months ago a man from bristol and suitor took me to office , said on his computer screen was all the fines ive got fined for and arranged a payment plan which i have been doing) but apparently this new one was a seperate case.

this is when the bailifts started to charge their big fees. he came in and did the walking possession , went away , i recieved a letter saying i was out and theyve added £200 , and another letter few days later saying same . so another £200 added. on the letter it says its for bailift van.

i really don't know what to do , its all such a mess...

[labman]

Re: bailift help needed pleaseee

Are the bailiffs visiting you from the County Court or Magistrates Court?

[CleverClogs]

Re: bailift help needed pleaseee

i got a letter from bristol and suitor and i contacted them as i thought i was already paying it off (stupidly i already had a fine from the council. at the time , about 6 months ago a man from bristol and suitor took me to office , said on his computer screen was all the fines ive got fined for and arranged a payment plan which i have been doing) but apparently this new one was a seperate case.

Just how did the bugger "take you to his office"?

From here, that looks a lot like false arrest and/or unlawful detention.

this is when the bailifts started to charge their big fees. he came in and did the walking possession , went away , i recieved a letter saying i was out and theyve added £200 , and another letter few days later saying same . so another £200 added. on the letter it says its for bailift van.

Can you post an exact inventory of the goods as listed on the WPA?

[labman]

Re: bailift help needed pleaseee

it happened last year,

Have you moved since the time of the offence?

[guspoppy]

Re: bailift help needed pleaseee

Just an update of my situation.

I contacted my local councillor who did everything she could for me. She got the case reviewed but basically i lost.
They claimed I did not make contact with them , which I jolly well know I did! They claimed they got back to my emails..but I know they didnt!!!!
They couldnt even get my name right when they emailed me their review. I was called by 2 different names in the email!!!

I am tired of fighting this and have now given up . The fees have been paid now so I should never see them again.

I wish everyone fighting against Bristol and Suitor luck as they are going to need lots of it.

[Guest]

Re: bailift help needed pleaseee

There is a simple procedure to reclaim the fees. One letter and one claim filed at court and kaboom, your fees are refunded.

Bailiffs are very inventive with their fees, sometimes adding hundreds of pounds in unlawful charges. It is fraud and you can make lots of noise.

The law only makes you liable for the statutory visit fees, and if you have signed one, a Walking Possession fee. All other fees are "costs", which, the bailiff has to prove he has actually incurred in seizing, transporting and selling your goods. This is called "distress".

Bailiffs often become over-zealous and inventive when creating fees descriptions, they are usually something called an "attending to remove" fee (or similar name such as "van fee").

The bailiff can only charge statutory fees unless he physically moves your goods, and even then he has to show he has incurred costs. Having a van is not good enough because he already had the van when he visited you – for which he has already charged you the statutory fee.

You write a FORMAL COMPLAINT addressed to the council and copy in the bailiff company and ask for a refund of all the fees less 28% of the fine and copy in the bailiff.

[HEAD OF TRAFFIC ENFORCEMENT]
[NAME OF] Council
[ADDRESS & POSTCODE]

[DATE]

Dear sir.

FORMAL COMPLAINT

BY POST AND BY EMAIL

Re: Penalty Charge Notice Number: [NUMBER]

I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned PCN and demanded the sum of [AMOUNT].

The bailiff indiscriminately over-charged me with his fees that are not compliant with the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993 and charged me for work he has not done. There has been no costs incurred by the bailiff and no costs order has been made against me by a court. This may constitute an offence under the 2006 Fraud Act.

[ADD ANY OTHER GROUNDS HERE – KEEP IT SIMPLE AND FACTUAL]

I confirm no goods have been taken or physically removed (distress) by the bailiff and no goods were needed to be collected my me.

To resolve this complaint:


1. Refund the sum of [FEES LESS 28% OF THE FINE].
2. The council makes the necessary investigation why I was over-charged.
3. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
4. Make the necessary complaint to the appropriate court regarding the bailiff’s fitness to hold a certificate.

If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court.

Yours Sincerely.



[YOUR NAME]
Encs. Copy of:
Bailiffs document.


Cc – [NAME OF BAILIFF COMPANY]

If the council does not cooperate then all three options below are now open to you.

1. Ask the Local Government Commissioner to intervene under Section 26 of the Local Government Act 1974. They can order the Council to stop all enforcement action and has a power to order the Council to pay you compensation.

2. Start a claim to recover the fees in the small claims court on a Form N1 (ree applies - and its reclaimable).

[YOUR NAME] - Claimant

The Mayor and Burgesses of the [NAME OF COUNCIL] – First Defendant
[NAME OF BAILIFF COMPANY] A Firm – Second Defendant


Base your claim particulars on the following:

I received the second defendant acting for the first defendant on [DATE] collecting PCN and demanded the sum of [AMOUNT].

The second defendant indiscriminately over-charged me with his fees and costs not compliant enforcement regulations, and I was charged for work he has not done. There are no costs incurred by either defendant and no costs order has been made against me by a court.

I confirm i) no goods have been taken or physically removed (distress) by either defendant. ii) no goods needed to be collected (redemption) by me, iii) unregulated fees described as "[BAILIFFS DESCRIPTION OF HIS VAN FEE]" fee was charged, iv) I asked both defendants to repay the costs that were not incurred and fees that are not lawfully due. v) Neither defendant has done so.

The Claimant claims [AMOUNT IN UNLAWFUL FEES] plus statutory interest at 0.00022% daily from the date the money became due to the date payment is made, plus costs allowed by the court.

[guspoppy]

Re: bailift help needed pleaseee

this is part of the reply i received in the email from b&s..


Mr**** also suggests that they contacted us to discuss the agreement but we did not reply. This is not true. Our records show that on the 1st November we received an email from Mr ***, in response to our Notice of Removal, he was asking if he could continue to pay to the arrangement and wanted to know what the arrears were.

We replied that same day informing him that the arrangement had been cancelled and that bailiffs were due to visit him to collect the full balance or remove goods. We told him that we required £300.00 immediately to prevent the further action. No payment was received hence our further action.

***I HAD NO REPLY TO EMAIL!!!!!!!!!!!!!

****i CONTACTED BAILIFT DIRECT ON HIS MOBILE AS INSTRUCTED BY BAILIFT AND HE SAID TO COLLECT AS MUCH MONEY TOGETHER AS POSSIBLE AND CALLBACK AFTER WEEKEND TO SEE HOW MUCH I GOT. PAID £300. RANG HIM AGAIN MANY TIMES BUT HE KEPT SAYING HE WAS TOO BUSY TO DEAL WITH IT AT MOMENT AND TO CALL BACK LATER OR NEXT DAY. DAYS LATER ANOTHER BAILIFT TURNS UP ADDING MORE FEES ON.



On the 7th December our records show that Mr **** rang our offices and an arrangement over 6mths was discussed.

It was left that he would ring us back to discuss further. We then received a call from Mr *** later that day, he wanted to pay the full balance but refused to pay the card fee so said he would send us a cheque the next day




Having reviewed Mr **** case I am satisfied with the actions that we have taken. Furthermore the fees added to his case are correct and are charged in accordance with The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (as amended).’’

[Guest]

Re: bailift help needed pleaseee

Stop faffing around with the bailiffs. Just send the above template then file the claim at court.

[guspoppy]

Re: bailift help needed pleaseee

thank you for template . i have done it as soon as i saw u posted it up and it is in post as we speak.
i just thought i would post up the email i received from b&s when council interevened and invstigated. i havent had any contact with bailifts since december.

[misterd]

Re: bailift help needed pleaseee

Just how did the bugger "take you to his office"?

From here, that looks a lot like false arrest and/or unlawful detention.


Can you post an exact inventory of the goods as listed on the WPA?

it happened last year, i didnt know they had fined me. it wasnt until last week.

i got a letter from bristol and suitor and i contacted them as i thought i was already paying it off (stupidly i already had a fine from the council. at the time , about 6 months ago a man from bristol and suitor took me to office , said on his computer screen was all the fines ive got fined for and arranged a payment plan which i have been doing) but apparently this new one was a seperate case.


this is when the bailifts started to charge their big fees. he came in and did the walking possession , went away , i recieved a letter saying i was out and theyve added £200 , and another letter few days later saying same . so another £200 added. on the letter it says its for bailift van.

i really don't know what to do , its all such a mess...

Hi there is there a date on your wip and did you sign it.
------------------------------- merged -------------------------------
If you have signed a walking possession form is there a date listed on which he as given you time to find the money ie( ten days ) from the date it was taken.