Really need your advice re: JBW

[megan]

Re: Really need your advice re: JBW

@Davyb.... yes im a single mum of a young daughter,and a son with mobility issues so if i can thow the word VULNERABLE at the bailiff then i shall sing that word from the top window in the theme of romeo but VULNERABLE VULNERABLE I AM SO VULNERABLE!!! , would that work???? :-) "TO SAY OR NOT TO SAY" would that be in the theme of Hamlet? Glad you're keeping your sense of humour, that, along with the help of the guys and girls on here helps to keep me sane(ish). Good Luck

[legalese]

Re: Really need your advice re: JBW

Seems like the council and the bailiff are playing catch with your parking fine hahaha they dont know what to do with it to be honest but keep threatening you to get that 55 quid lol...you offered payment and they refused section 43 bills of exchange act 1882.

[legalese]

Re: Really need your advice re: JBW

davyb No its not a contract its a CRIME to park your car nowadays lol

[Guest]

Re: Really need your advice re: JBW

Hi

It would not hurt to say that you were undergoing treatment for stress/depression

D

[mlc]

Re: Really need your advice re: JBW

Hi Megan, I try to keep my spirits up and positive,however, ask me this tomorrow when the council get back to me!!! :-0, and yes everyone on here certainly gives comfort ,feels ike you havethe army behind you supporting,advising and helping!! :-)

@davyb...so if i say this, what should they do, turn around and walk away,if so, what if they don't?

[Guest]

Re: Really need your advice re: JBW

Pointless worrying about it, we will just have to wait and see what they say, make it clear that you are willing to pay the fine but you should not be liable for the charges, they cannot get blood out of a stone whatever happens, you say you use your car for your mothers transport, does it have a blue badge by any chance.

D

[mlc]

Re: Really need your advice re: JBW

Yes i have a blue badge in my car and my car is registered and excempt from london congestion charge as i carry my disabled mum around!

[Kipling001]

Re: Really need your advice re: JBW

Hi blue can i just point out that the address that you put at the top ref JBW group is not the right one they have 2 office's.1 is in London city just up from liverpool street and the other is in Darlington North yorkshire.The London one is JBW Group,16 Hewett Street London EC2A 3NN.
the other one is PO box 58 Darlington DL1 9AE
the bulding is called Beehive.

[bluebottle]

Re: Really need your advice re: JBW

If the council refuse to produce evidence that you have, in fact, committed any offence, I am wondering if there is any mileage in having the local authority and bailiffs legally-restrained until they do. Call me a cynical ex-copper if you like, but if anyone approached me, alleging I had committed an offence I knew I had not committed and knew nothing about and repeatedly refused to produce evidence of the alleged offence, I would be very suspicious of the other side's claims. It is known that some local authorities never issue PCN warrants, so the bailiffs are, technically and legally, acting without lawful authority. Which local authority is involved mlc?

[Kipling001]

Re: Really need your advice re: JBW

What is a Vulnerable Person...below is Just a few
The elderly
People with a Disability.
The seriously ill
The recently bereaved
Pregnant Women
Unemployed people
those that have obvious difficulty in understanding or speaking or reading English.

[mlc]

Re: Really need your advice re: JBW

Hi Bluebottle,

Its waltham forest council, i havent disputed the fine as it was apparently caught on camera me parking one or more wheels on the pavement, its just i have never received the fine through my door, i do go in this borough quite a bit as i work for the olympics and sometimes stop at shops on way home!!.... however as no fine was put on my car i don't recall the offence!!!

@kipling001..........so im not vulnerable then, how is unemployed people vulnerable????

Icare for a disabled mum
I have acute medical problemM
My dad died last year that i haven't got over
If i eat more cakes i will look pregnant
i work part time and have no money left time ive paid out for everything that i feel unemployed........ does any of this count and make me vulnerable???

[Guest]

Re: Really need your advice re: JBW

HI
I am pretty sure that they are not supposed to levy a vehicle displaying a blue badge., i will look it up.
Would make the levy and fees invalid of course if it were the case, was the badge on display.

D

[Guest]

Re: Really need your advice re: JBW

You make a Statutory Declaration and file it at court and send a copy to the bailiff. That will revoke the levy.

I: [NAME] residing at [ADDRESS AND POSTCODE]

DO SOLEMNLY AND SINCERELY DECLARE THAT:

A man whose name I understand to be Mr.[NAME OF BAILIFF] on [date] has fixed a wheel clamp to my vehicle a [MAKE AND MODEL] registration [REG] in respect of an unpaid [TYPE OF DEBT]

AND THAT:

My vehicle is [A DISABLED BLUE BADGE/A MOTABILITY CAR/IS ON FINANCE OR HP/A LEASE VEHICLE].
I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

DECLARED AT:

SIGNED:

DATE:


Before me:

Solicitor/Commissioner for Oaths:

[Guest]

Re: Really need your advice re: JBW

I WILL NOT pay these bailiffs the ridiculous fees, they have charged me a Levy and when i challenged the bailiff that he hasnt been in my house to list any shackles he said he listed my car!!!

If high fees worry you then ask the bailiff to pass a truth test on his fee charging entitlements. The following template always gets very colourful results from bailiffs.

The law says the statutory fees are:

Sending a letter £11.20. Can only charge this once per case.
Sum recovered up to £200, 28% Minimum £28.
Over £200, 5.5%

If the bailiff does not give a breakdown of his costs for taking control of your goods then the bailiff is unable to show it is reasonable costs. The case of Culligan vs. Marston Group Ltd et-al, no. 8CL51015 is persuasive and says you do not have to pay them.

NAME OF BAILIFF COMPANY]
[ADDRESS]
[POSTCODE]
[DATE]

Dear Sir/Madam

BY POST AND BY EMAIL

Re: [YOUR NAME + ANY REF]: Opportunity to mitigate incorrect fees

I write following recent communications from your firm and I request you send me the following seven points relating to ALL accounts you have for me and for anyone else you think is living at my address.

a) The name and address of the court that certificated the bailiff who acts in this matter

b) The certificate number of the aforementioned bailiff.

c) All letters documents emails comments faxes personal opinions memos and other related information which would qualify as information defined under the Act.

d) Written confirmation your bailiffs fees of £[AMOUNT] charged and they truthfully comply with the law.

e) The name and address of the person or body who instructed you and the date of instruction.

f) An itemised breakdown of all the fees charges orders costs and other monies that make up the total obtained by your bailiff being £[AMOUNT]

g) A detail showing how much and on what dates I paid you and how much you have paid on to the creditor.

I now give you an opportunity to check whether your bailiff has overcharged me with his fees. If you think his fees are genuine and are compliant with the law, please confirm in writing.

If you are unable or unwilling to confirm the fees truthfully comply with the law, please refund me before 09.30am seven days from today being [DATE SEVAN DAYS TIME], the sum of £[AMOUNT], along with a written explanation why I was overcharged in the first place.

If I subsequently find an irregularity with his fees after seven days from today, I will automatically file an official Form 4 complaint at the bailiff's certificating court for committing offences under Sections 1 to 5 of the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may be liable for benefiting from a fraudulent money transfer or proceeds of crime.

As your fee document is not compliant with VAT regulations, and you have charged VAT, a copy of your document is being forwarded to HM Revenue and Customs for investigation.

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

Yours very truly


YOUR NAME (do not sign)
cc [NAME OF COUNCIL]

[bluebottle]

Re: Really need your advice re: JBW

[QUOTE=Happy Contrails;279120]If high fees worry you then ask the bailiff to pass a truth test on his fee charging entitlements. The following template always gets very colourful results from bailiffs.

...with blue being the predominant colour. Nice.