Bailiff fees

[Wellygirl]

Does anyone know if a bailiff can use the original distress warrant to collect a disputed attendance fee? Or is this now a civil matter?

[Mrs James]

Re: Bailiff fees

Hi Wellygirl.

No they can't.

Have a read through your other thread again to put your mind at rest x
Disputed attendance notice - Legal Beagles Consumer Forum

[Wellygirl]

Re: Bailiff fees

I thought that was the case but I spoke to the issuing court this morning and although she did say she wasn't legally qualified she said that they can use the warrant to obtain all fees? This would mean they in theory could come back to the house, gain entry and take possessions. I know you said you had a phantom visit from philips how did you manage not to pay as they as sending several emails a day threatening enforcement action. I have sent a complaint to their complaints dept but can't see that doing much and we have requested proof of the visit ie time, name of bailiff etc 8 times but to no avail they just keep demanding payment of £215 to avoid further enforcement action!!!

[Mrs James]

Re: Bailiff fees

I thought that was the case but I spoke to the issuing court this morning and although she did say she wasn't legally qualified she said that they can use the warrant to obtain all fees? This would mean they in theory could come back to the house, gain entry and take possessions. I know you said you had a phantom visit from philips how did you manage not to pay as they as sending several emails a day threatening enforcement action. I have sent a complaint to their complaints dept but can't see that doing much and we have requested proof of the visit ie time, name of bailiff etc 8 times but to no avail they just keep demanding payment of £215 to avoid further enforcement action!!!

I sent a letter of complaint to the Court Manager, they sent me a letter back saying they were looking into it and then the 'phantom visit' fee just disappeared.

To my understanding (others will correct me if I'm wrong) the Warrant is issued to the collect the fine, once that is paid in full the Bailiffs cannot use it to enforce payment of their fee's. They would have to take you to a small claims court to do that, and to be honest, Philips won't want to go anywhere near a court. They are just trying to scare you into paying.

Try the Court Manager and see what happens.

[labman]

Re: Bailiff fees

Why is the Attendance fee in dispute?

[Wellygirl]

Re: Bailiff fees

Because they never left any paperwork! The attendance fee didn't come to light until an email 8 days after the fine and initial fees had been paid. We have asked them 9 times for evidence of the attendance, ie time of visit, name of balliff etc ( I used the letter template on this forum) but they have ignored all requests. However tonight after I sent their complaints department a copy of a letter I have sent to the Court Manager where the warrant was issued I have received an email telling me it is being looked into!

[bluebottle]

Re: Bailiff fees

Once a fine is paid in full, the bailiffs are paid by the court. Collection costs are incorporated into the fine. The bailiffs know this and they also know they have no right or power to pursue you for any fees.

In view of the fact that Philips have demanded payment of fees they know themselves they are not legally-entitled to demand from you and have repeatedly failed to produce evidence of the visit they claim they made to your home, I would be inclined to send a Recorded Delivery Letter to the CEO of Philips.

Below is a suggested letter -

Chief Executive Officer
Philips xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx

Ref.: xxxxxxxxxxxxxxx

Dear Sir,



I refer to the actions of certificated bailiffs employed by your company and your company itself.

In view of the fact that the costs of enforcement/collection of fines are incorporated into the fine, your company and its certificated bailiffs' unwarranted demands and threats and failure to produce evidence of an alleged attendance at my home, despite being requested to produce such evidence on no fewer than nine occasions, in addition to reporting this to the Court Manager at xxxxxxxxxxxxxx Court, I have no choice but to report the matter to the police for investigation and necessary action.

You are put on notice that it is an offence to falsely misrepresent any matter of fact or law, whether deliberately or recklessly, whether for your own gain or that of another, or with the intention of causing loss to another or exposing another to the risk of loss. The offence is Fraud by False Misrepresentation, contrary to Section 2(1), Fraud Act 2006. You are also put on notice that where an offence under Section 2(1) of the Act is committed by a company with the consent or connivance of its directors, officers, secretary or managers or others purporting to act in such capacity, the directors, officers, secretary and managers are liable to be proceeded against and punished accordingly. This is provided for under Section 12 of the Act.

I further put you on notice that it is an offence to make any unwarranted demand and at the time of doing so use menaces as a means of enforcing the demand. The onus is on you and those responsible to provide evidence that you have a right in law to make the demand and that the menaces used are a proper means of enforcing the demand. The offence is Blackmail and is contrary to Section 21, Theft Act 1968.

Furthermore, I put you on notice that, in view of the repeated demands and threats made by your company and its certificated bailiffs for fees it is not entitled to demand from me, under the terms and provisions of Section 3, Protection from Harassment Act 1997, I will, if necessary, seek a Without Notice injunction restraining your company and its certificated bailiffs and any third party acting with your knowledge or under your instructions, continuing with the course of conduct I have been subjected to by your company and its certificated bailiffs. In the event this were to become necessary, your company would be liable to unlimited civil damages and costs. Your attention is drawn to the ruling in the case of Ferguson -v- British Gas Trading 2009.

This letter is final.

Yours faithfully,

XXXXXXXXXXXX

Sorry, but this has to be done. Philips are seriously taking the p*ss out of the law and need to be given a hammering they will take some time to recover from.

[Wellygirl]

Re: Bailiff fees

Thank you Bluebottle, after I posted about emails I received last week threatening enforcement action over the bank holiday weekend (no one turned up) over this alledged attendance fee I took your advice and forwarded their emails to the police as well as Trading standards and the relevant court manager. I then wrote to Philips complaints department telling them which laws they had breached ( again on your advice) and they have come back to us saying the matter is being looked into. I will send a letter to the CEO as I find it appalling that these companies can act how they please and get away with it. Why is there so little regulation in this area, I tried to get some legal advice yesterday on balliffs, their fees and enforcement, I called 4 solicitors firms and all said they do not deal with this area!!