Really need your advice re: JBW

[Guest]

Re: Really need your advice re: JBW

That template is the most lucrative one in my library.

Only last week, the HCEO version of it recovered bogus fees of £2610.44 from a hapless debtor who came to me back in May. The HCEO wrote back with a very carefully worded essay of excuses, I filed the N1 and the client got his money.

My 25% cut was £651.51, not bad for 20 minutes reading the clients complaint, plus 20 minutes drafting the letter and N1 and a very happy client.

There is now a VAT fraud investigation because the HCEO charged VAT and his receipt did not comply with invoicing regulations

[mlc]

Re: Really need your advice re: JBW

Before i do anything i'm going to wait to hear fro the line manager of the parking fine dept tomorrow in respect to where there going to take this, If there going to put the fine back to the start of cost i will ask them to email the fine over to me as proof and then i will pay, if they say there going to put it back in the hands of the bailiff then i shall say that the fact i'm receiving legal advice due to malpractice of the said bailiff company then i cannot comment but i will hold themselves (council) fully responsible and they will be included in any action i'm advised to take......yea???? ............. Then panic !!!

[Guest]

Re: Really need your advice re: JBW

Hi yes that's the idea, always nice to have a plan B.

D

[bluebottle]

Re: Really need your advice re: JBW

That template is the most lucrative one in my library.

Only last week, the HCEO version of it recovered bogus fees of £2610.44 from a hapless debtor who came to me back in May. The HCEO wrote back with a very carefully worded essay of excuses, I filed the N1 and the client got his money.

My 25% cut was £651.51, not bad for 20 minutes reading the clients complaint, plus 20 minutes drafting the letter and N1 and a very happy client.

There is now a VAT fraud investigation because the HCEO charged VAT and his receipt did not comply with invoicing regulations

Having worked alongside HMRC (when they were Inland Revenue and H.M. Customs & Excise) when I was in the police force and having relatives working for HMRC VAT Section, I would not like to be in the HCEO's shoes when the VAT investigators catch up with him. It will be interesting to see for how much longer he remains an HCEO after this.

[Guest]

Re: Really need your advice re: JBW

Its quite easy to do if the VAT receipt is handwritten.

I had a client with a mega council tax arrears problem with LB Merton and I caught a Merton bailiff charging VAT. There was no VAT number and discovered he wasnt even VAT registered. I can only guess what HMRC is doing, they never tell me, but I can imagine its messy because the clients bailiff problems are quietly disappearing.

Im attending her Form 4 hearing, and a Reg 46 hearing very soon. It will be interesting to see what the courts make of it.

[Guest]

Re: Really need your advice re: JBW

Hi

Its an interesting idea, i just wonder why the company should bother to respond? Is there some statute or regulation that compels them to give this information.
Sounds quite lucrative never the less, whats your situation regarding licensing, do you need a ccl to offer your service?

D

[mlc]

Re: Really need your advice re: JBW

Goodmorning all !

Well today is the day I should find out what's going to happen with this so called fine, butterflies swirling already! If I haven't had the call by this afternoon would you advise I ring them as I just want to sort this out without it dragging on any longer, I think just under a week is ample time for her to come to a decision don't you think??

[Guest]

Re: Really need your advice re: JBW

Hi

Its an interesting idea, i just wonder why the company should bother to respond? Is there some statute or regulation that compels them to give this information.
Sounds quite lucrative never the less, whats your situation regarding licensing, do you need a ccl to offer your service?

D

There is no obligation for a bailiff to reply to the letter, but if the bailiff is silent about his fees, then he has not shown it is reasonable costs, and thus, the debtor does not have to pay them.

If the debor has already paid and is seeking to recover the money, the template doubles as a LBA and an N1 can be filed at any time after the letter has been sent.

The money is usually recovered either, on receipt of the N1, or write essays, or the bailiff waits it out until the day of the hearing and just before the case is called in by the court usher.

Last month, that policy failed miserable for one hapless bailiff because I made the client require cash in possession before a claim is closed. The bailiffs barrister tried desparately to offer promises bankers drafts.

That didnt work, the case went ahead and judgement was made without further ado. The claim was paid with interest and costs before the judgement could be set aside.

Having a Judgment stops their credit license being renewed. Much easier than the OFT route and its a lot of work needed on the side of the bailiff to get a CCJ set aside.

In Small claims cases, the bailif is always liable for their barristers costs.

I dont need a CCL because I am not a debt counsellor, nor trade in consumer credit.

There no official branch of law deals with helping victims of bailiffs, and is therefore it is an unregulated industry.

Anybody can trade in bailiff troubleshooting and fee claims management, but a person trading as a bailiff troubleshooter can only assist clients to manage their own claims and provide suggested template letters and documents.

They cannot represent them in court or directly approach a bailiff company or an Authority.

[mlc]

Re: Really need your advice re: JBW

I can't wait any longer i'm going to ring the woman at the council!!!!

[bluebottle]

Re: Really need your advice re: JBW

Its quite easy to do if the VAT receipt is handwritten.

I had a client with a mega council tax arrears problem with LB Merton and I caught a Merton bailiff charging VAT. There was no VAT number and discovered he wasnt even VAT registered. I can only guess what HMRC is doing, they never tell me, but I can imagine its messy because the clients bailiff problems are quietly disappearing.

Im attending her Form 4 hearing, and a Reg 46 hearing very soon. It will be interesting to see what the courts make of it.

Without giving too much away, basically, you have to prove HMRC wrong. They've already done their homework and blocked your escape routes before they call you in for interview under caution. Don't be surprised if the bailiff is charged with Fraud by False Misrepresentation.

[Guest]

Re: Really need your advice re: JBW

Unfortunately the Interview Under Caution rarely works with bailiffs because they are trained to give no-comment interviews.

HMRC prefer to skip the IOC stage, or they just request an IOC and prepare the bundle for the prosecutor to decide whether the case has merit, or is in the public interest to prosecute bailiffs.

[bluebottle]

Re: Really need your advice re: JBW

Unfortunately the Interview Under Caution rarely works with bailiffs because they are trained to give no-comment interviews.

HMRC prefer to skip the IOC stage, or they just request an IOC and prepare the bundle for the prosecutor to decide whether the case has merit, or is in the public interest to prosecute bailiffs.

That's changed. The team that investigate corporate fraud work covertly - they're scary.

[Guest]

Re: Really need your advice re: JBW

That is why HMRC dont tell me much, but I know a lawyer, a trainee solicitor who drafts statements and she said there is often little point in doing no-comment IOC's because they are inadmissable under the criminal procedure rules.

[bluebottle]

Re: Really need your advice re: JBW

That is why HMRC dont tell me much, but I know a lawyer, a trainee solicitor who drafts statements and she said there is often little point in doing no-comment IOC's because they are inadmissable under the criminal procedure rules.

That is correct. However, the suspect puts themselves at a disadvantage by parroting "No Comment" during an interview under caution as the court can draw an inference from this and any new evidence they try to present to the court can be disallowed, unless that has changed in the last 10-15 years.

[Guest]

Re: Really need your advice re: JBW

There is no obligation for a bailiff to reply to the letter, but if the bailiff is silent about his fees, then he has not shown it is reasonable costs, and thus, the debtor does not have to pay them.

If the debor has already paid and is seeking to recover the money, the template doubles as a LBA and an N1 can be filed at any time after the letter has been sent.

The money is usually recovered either, on receipt of the N1, or write essays, or the bailiff waits it out until the day of the hearing and just before the case is called in by the court usher.

Last month, that policy failed miserable for one hapless bailiff because I made the client require cash in possession before a claim is closed. The bailiffs barrister tried desparately to offer promises bankers drafts.

That didnt work, the case went ahead and judgement was made without further ado. The claim was paid with interest and costs before the judgement could be set aside.

Having a Judgment stops their credit license being renewed. Much easier than the OFT route and its a lot of work needed on the side of the bailiff to get a CCJ set aside.

In Small claims cases, the bailif is always liable for their barristers costs.

I dont need a CCL because I am not a debt counsellor, nor trade in consumer credit.

There no official branch of law deals with helping victims of bailiffs, and is therefore it is an unregulated industry.

Anybody can trade in bailiff troubleshooting and fee claims management, but a person trading as a bailiff troubleshooter can only assist clients to manage their own claims and provide suggested template letters and documents.

They cannot represent them in court or directly approach a bailiff company or an Authority.

HI

Just had a word with a colleague at the TS, he says that providing templates and covering costs is ok, but when you take a cut of any refunds, it comes under claims management, and for that you need a licence.

D