so called visit by the bailiff

[labman]

Re: so called visit by the bailiff

Thanks Ploddertom, and sincere apologies Simon for temporariliy hijacking your thread. Just trying to get a few things clarified in my own mind!

It will be VERY interesting to see how they justify these outrageous charges.

The problems with Magistrate Court bailiffs is there are no fixed charges, they just have to be 'reasonable' and not 'disproportionate.'

I think they will find it hard to justify these charges as either reasonable or proportionate.

[simon52]

Re: so called visit by the bailiff

well i rang the court this morning only to be told that they will not accept any payment now, even if i offered to pay the £135 in full, they say i defaulted on payment that had been arranged at £5 a week out my benefit, and that they wrote to me ( but i never got that letter either) so all i got told was to take that up with my postman!!!!, and that they passed it over to phillips bailiffs and debt recovery and that a distress warrant is now in place so i have to take it up with them, i have sent in a complaint and have said that im not disputing the fact that i owe £135 i am though disputing the fees and the so called letters they say they have sent along with the so called visit i never had

[ploddertom]

Re: so called visit by the bailiff

You need to establish the letters are being sent to the your correct address. Not the first time they have used a different one.

[tortoise]

Re: so called visit by the bailiff

Simon, my dear fellow, you need the delightful Amy or that horsey wench - I forget her name. I have little reason to believe they would not resolve your issue.

Ah yes, Wendy, Horsy Wendy and the Amy wench - damn fine specimens. Ask them for some aid.

[TUTTSI]

Re: so called visit by the bailiff

Please refer to my post 2 on this thread.

Where I suggested an Subject Access Request to the Bailiffs and at the same time would put this matter on hold. I also posted the link to Amy's Bailiff thread which has so much information.

Tortoise.... Amy and Wendy have not been around now for a few weeks. But you are right both Amy and Wendy were ace in dealing with these situations with bailiffs.

[labman]

Re: so called visit by the bailiff

Agree with Ploddertom - find out where the two letters went, AND get the breakdown of charges.

If the bailiffssend a letter for the Child Support Agency they charge £10. It makes one wonder how they can justify your charge as being proportionate.

As for the visits - I believe the normal going rate is 20% for the first £100, then 4% for any portion of the next £400. These are NOT cast in stone as there is no statutory scale for Magistrates' Court fees, but they are a guide.

[Mrs James]

Re: so called visit by the bailiff

cheers i will send that letter first thing in the morning, and will let you know the out come, just worried as i live with my partner and her daughter and everything in the house belongs to her and was in the house before i moved in and dont want bailiffs taking her things

Apologies, I seem to have quoted a post that has nothing to do with a post I wish to make.

[Mrs James]

Re: so called visit by the bailiff

These are the schedule of fees Philips charge for Magistrates fines.

Warrants issued to Philips from 1st December 2009

Financial Distress Warrant Administrative Fee (added to warrant on receipt) £75.00 Attendance Fee (recoverable on 1st visit) £200.00 Removal of motor vehicle £200.00 Removal of commercial vehicle (large van) £200.00 Removal of heavy goods vehicle £200.00 Storage of vehicle, per day £20.00 Storage of non-vehicle items, per day £0.00 Delivery to auctioneer if not redeemed £0.00 Auctioneers costs 3rd Party (max 15%) Dishonoured cheque charge £30 Credit Card payment surcharge 4% Debit Card payment surcharge £1.00p

[labman]

Re: so called visit by the bailiff

Thank you Mrs James. What is your view of those fees?

[Mrs James]

Re: so called visit by the bailiff

Thank you Mrs James. What is your view of those fees?

Well, I think they are extortionate, but when Philips tried to charge me £200 for a visit they didn't make, I rang the court to check if the fee was even legal, the court told me that Philips could indeed charge that amount.

[labman]

Re: so called visit by the bailiff

.... nd as we know the law states the fees must not be disproportionate to the debt.

Whatever the court says I'd be challenging them, I think they're outrageious.

Well done for getting hold of them though - where did they come from? Please don't make me look a prat by saying they're published on their website, I bet they are aren't they?

[Mrs James]

Re: so called visit by the bailiff

.... nd as we know the law states the fees must not be disproportionate to the debt.

Whatever the court says I'd be challenging them, I think they're outrageious.

Well done for getting hold of them though - where did they come from? Please don't make me look a prat by saying they're published on their website, I bet they are aren't they?

They are, sorry lol But I don't blame you for thinking they wouldn't be.

Schedule of Fees, Charges & Expenses: Philips Collection Services - Revenue Recovery and Enforcement Services
------------------------------- merged -------------------------------

They are, sorry lol But I don't blame you for thinking they wouldn't be.

Schedule of Fees, Charges & Expenses: Philips Collection Services - Revenue Recovery and Enforcement Services

Also my apologies, I should have provided the link in the first place.

[labman]

Re: so called visit by the bailiff

PMSL :embarassed:

[simon52]

Re: so called visit by the bailiff

we ll i have just got an email back from phillips and this is what i got...... i did the complaint online and also wrote to them to make sure they got both,

hmcs-midlandsdebtor@philips.org.uk
Hello

Thank you for the mail and please be advised we are unable to remove the charge
as the bailiff attended the property on 15/11/11.

As no payment was received and no arrangement has been set this is why the
agent has attended .

To stop enforcement action we can offer a arrangement at £137 per month please
call the office to set this arrangement to stop further enforcement action .

Regards Philips .

[simon52]

Re: so called visit by the bailiff

as you can see by the above email i got back they have not answered any of the questions put to them about who the bailiff was that came to the house and if he did call why was nothing put through the door even though i know we were in the house at the time they say he called, i am now waiting for the letter back from writing to them and then i will go to see my solictior as im not happy about the charges that have been put on when i know that no other letters was sent and no visit was done either only thing i got from them was the letter sent last week saying it was a pre- removel notice !!!!