Excel Civil Enforcement Ltd - Please Help

[bluebottle]

Re: Excel Civil Enforcement Ltd - Please Help

If they've added £420.00 on top of the FPN and legitimate fees, wait for the proverbial to hit the air conditioning.

[labman]

Re: Excel Civil Enforcement Ltd - Please Help

As far as I can see they've added £40 on top of the fine + legitimate fees, but it's still £40.

[CleverClogs]

Re: Excel Civil Enforcement Ltd - Please Help

As far as I can see they've added £40 on top of the fine + legitimate fees, but it's still £40.

It doesn't seem enough for van hire, does it?

[bizzybob]

Re: Excel Civil Enforcement Ltd - Please Help

It doesn't seem enough for van hire, does it?

might get them a clapped out berlingo for the day

[Guest]

Re: Excel Civil Enforcement Ltd - Please Help

Under section 52(7)(14) of the Criminal Procedure Rules 2010, the law does actually allow for the 'costs of distress' - the "taking control of goods". Ask to see the van hire invoice that shows the bailiff incurred £40 costs,.

If the bailiff cannot show a sales invoice, then the bailiff is unable to show he has paid costs for the taking control of goods.

[bluebottle]

Re: Excel Civil Enforcement Ltd - Please Help

If the vehicle belongs to the bailiff company, the most they can charge is the cost of diesel/petrol used. As Happy Contrails has said, no sales invoice proving a van was hired and it's, "Sur votre velo, Monsieur Bailiff."*

* Roughly translated, "On yer bike!"

[inthewind]

Re: Excel Civil Enforcement Ltd - Please Help

Firstly, apologies for not replying sooner (I stopped getting updated by email to say someone had responded so didn't come back to answer you guys)

Secondly, a HUGE thanks to all who have taken the time to response.

Thirdly, I'll give a bit of an update (which should answer how they got to £420) and try to answer any questions asked.

So yes, it was for theft. The fine was £80 which due to not being paid on time increased by 50% making it £120. Then there were the admin fees £85 & a visit £215 making it £420.00

Nothing has been taken so the fees are only for their admin & visit.

However, the bailiff informed his ex (at the address he visited) that he had been done for theft, what it was all about and handed her the letter pictured above with my friends name written on the back of it (not in a sealed envelope), to me that's a huge breach of DPA and the National Standards for Enforcement Agents.

There was no breakdown of price, just the total owed - again, from what I've read that goes against the National Standards for Enforcement Agents.

It was paid in full because on a call to the Bailiff he claimed that he had the legal right to force entry and take goods. He was advised that my friend didn't live there and that there was a single parent family at the address (his ex & child). He said he was still able to and that he could seize goods that could not be proven not to be my friends. That the goods would be stored at £16 per day per item for so many days and if evidence could not be produced as to who owned them, they would be sold on to cover the debt.


Now that it's been paid can anyone help with:-

• How to find out if the correct letter(s) were issued before action (and to which address)
• Any way to challenge the fees applied (I guess that's subject to the above point)
• How to make a full and proper complaint against the bailiff. I'm tempted to phone him back up, record the call and challenge him on what he's previously advised (am I able to do this, even if not for court, just so that I can say "no, that's categorically not what you said and I have proof" which might make him/his firm think twice about dealing with the complaint properly.

It would be really helpful if you could find out as many details as possible for us from your friend, or even get your friend to join and post up.

What exactly was the fine for? I would not have thought a B&Q car park would be giving out FPN's. - Theft/shoplifting

Why were the police called? Basically the full story behind this, including any reminders, calls to court, etc... your friend may have received and not attended. - Police were called to B&Q , issued him a ticket/fine. Letters were apparently sent but I've got to get confirmation as to which address they were sent to. Basically, he didn't receive any of them an as someone was supposed to have paid it off, he figured not hearing anything meant that it was all sorted.

Remember we are here to help, not to judge, so they should not be worried if they've just ignored it, couldn't afford it so hoped it would go away etc.... Thanks, he didn't ignore the issue as he didn't receive the letters (but I've got to try to get to the bottom of that anyway as it may have been due to a change in address or them just not sending them), he also couldn't afford it at the time (and especially now that it's £420). However, a family member has stepped in to help him and paid this off in full now. However, I'm pushing for him to make a complaint now as the bailiff did a number of things wrong.

Also vaguely where in Wales are you? The reason I ask is that I'm in Wales too and depending where you are may be able to help somewhat more than you can on a forum. Cardiff

I've got to head out but will pop back tonight and try to reply to any other questions that you guys have.

Thanks again, you've been great.

[bluebottle]

Re: Excel Civil Enforcement Ltd - Please Help

Send a complaint against the bailiff to cbregister@hmcts.gsi.gov.uk and put the words CERTIFICATED BAILIFF COMPLAINT in the subject box. Don't forget to quote the bailiff's name, employer's name and bailiff certificate effective dates (valid from/to) in the body of your complaint. You might also wish to report the matter to Trading Standards and the OFT's Credit Fitness Team. Excel Civil Enforcement will hold a Category F Debt Collection Licence as a condition of their contract with HMCTS. Send a complaint by email to enquiries@oft.gsi.gov.uk and put the words CREDIT FITNESS in the subject box. They have not quoted their OFT Licence Number on their website, but have quoted their Limited Company Registration Number (CRN) which is 04527630. The OFT can use this to run a check on them. If Excel were to have their licence revoked or its renewal refused, it could result in the loss of all or any of the government and local authority contracts they hold and stop them collecting other types of debt. It could result in Excel being closed down.