Issue with JBW Baliff

[bluebottle]

Re: Issue with JBW Baliff

I wouldn't class that as a breakdown of their fees as all it does is list a load of figures. If it were me I would want to know what dates they are alleging to have attended and the charge made each time. I have tried working the sums out on the figures given but they do not appear to add up properly.

That's my thoughts, too, PT. By my reckoning, Jamie Waller and his brainless employees have overcharged the OP to the tune of £558.82 at the very least. I am wondering if it is worth threatening Waller with having his figures scrutinised by a County Court Registrar under the provisions of the Distress for Rent Rules 1988.

[ploddertom]

Re: Issue with JBW Baliff

I wouldn't class that as a breakdown of their fees as all it does is list a load of figures. If it were me I would want to know what dates they are alleging to have attended and the charge made each time. I have tried working the sums out on the figures given but they do not appear to add up properly.

Realised why I can't add up as forgot VAT cannot be charged on the final PCN figure (£187 or £202).

[thfc01]

Re: Issue with JBW Baliff

Update : Received a letter from JBW dated 31/10/12. They have ignored my request for all full breakdown of fees charged etc and have only sent back a breakdown for one pcn which they still insist is outstanding. Debt £202. Letter fee £11.20 + £2.24. Attendance to levy £56.37 + £11.35. Attendance to levy £59.85 + £11.97. Total £329.78 + vat £25.56 = £355.34. I feel JBW are now trying to pull a fast one as the letter I sent I listed all four PCN numbers and demanded a full breakdown of fees for each one. What is my next step?

[bluebottle]

Re: Issue with JBW Baliff

The bailiff fees listed on the LB of Hackney website are not statutory, despite what LB of Hackney claim, and do not, in any case, comply with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003. If the fees on the LB of Hackney website are what LB of Hackney and JBW have agreed between them, they are contractual between LB of hackney and JBW only. They cannot be enforced against a debtor without enabling legislation to back them. I know of no legislation which allows a local authority to set bailiff fees for PCNs. The fees are set by the aforementioned legislation.

It might be an idea to send a Recorded Delivery letter directly to Jamie Waller, MD of JBW Group, making it clear that as his company is both failing and refusing to provide a breakdown of fees as required, the matter of the fees being demanded is being referred to a County Court Registrar for formal scrutiny. He also needs to be put on notice that the County Court Registrar has the power, under the Distress for Rent Rules 1988, to report the bailiff(s) involved to the court(s) that issued their certificate(s) where any overcharging or irregularities with the fees is such as to bring into question the bailiff(s) fitness to act as a bailiff. As a certificated bailiff himself, Mr Waller knows what the law says and should not be allowing his employees to behaving like U.S.-style bounty hunters.

You will need to contact your local county court for details of any form you need to complete and any fee(s) you may be required to pay in connection with the formal scrutiny of the fees.

[thfc01]

Re: Issue with JBW Baliff

The bailiff fees listed on the LB of Hackney website are not statutory, despite what LB of Hackney claim, and do not, in any case, comply with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003. If the fees on the LB of Hackney website are what LB of Hackney and JBW have agreed between them, they are contractual between LB of hackney and JBW only. They cannot be enforced against a debtor without enabling legislation to back them. I know of no legislation which allows a local authority to set bailiff fees for PCNs. The fees are set by the aforementioned legislation.

It might be an idea to send a Recorded Delivery letter directly to Jamie Waller, MD of JBW Group, making it clear that as his company is both failing and refusing to provide a breakdown of fees as required, the matter of the fees being demanded is being referred to a County Court Registrar for formal scrutiny. He also needs to be put on notice that the County Court Registrar has the power, under the Distress for Rent Rules 1988, to report the bailiff(s) involved to the court(s) that issued their certificate(s) where any overcharging or irregularities with the fees is such as to bring into question the bailiff(s) fitness to act as a bailiff. As a certificated bailiff himself, Mr Waller knows what the law says and should not be allowing his employees to behaving like U.S.-style bounty hunters.

You will need to contact your local county court for details of any form you need to complete and any fee(s) you may be required to pay in connection with the formal scrutiny of the fees.

Tried yesterday to contact my local county court, but every time I tried the line was engaged or there was no answer. Also I searched on google and found this http://www.bailiffadviceonline.co.uk...aints_deta.htm. is this what you meant bluebottle?

[bluebottle]

Re: Issue with JBW Baliff

Tried yesterday to contact my local county court, but every time I tried the line was engaged or there was no answer. Also I searched on google and found this http://www.bailiffadviceonline.co.uk...aints_deta.htm. is this what you meant bluebottle?

I would persist with your local county court. One other way, if all else fails, is to threaten the local authority and JBW with an injunction, restraining them from attempting to levy fees that are not in accordance with legislation. This then puts both local authority and bailiff company on notice that if the injunction is obtained, they can only levy fees the law permits. It would also mean that the local authority and JBW would have to obey the law, or council officers, Jamie Waller and his employees could face a fine, prison or both for breaching the injunction.

[ploddertom]

Re: Issue with JBW Baliff

The bailiff fees listed on the LB of Hackney website are not statutory, despite what LB of Hackney claim, and do not, in any case, comply with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003.

Can I ask where they are wrong?

[bluebottle]

Re: Issue with JBW Baliff

Can I ask where they are wrong?

There are a number of things I have noticed about the fees showing on the LB of Hackney website. The visit fees appear to increase with each visit. My understanding of the legislation is that the levy fee should remain the same per visit, not increase (save for VAT). The other two fees I have issues with are the ATR fee, which does not appear in the relevant legislation, and the 70-day warrant sharing fee, again, not provided for under the relevant legislation. I have a very strong gut-feeling the fees the OP is being charged by JBW are excessive and need formal determination/scrutiny.

[bluebottle]

Re: Issue with JBW Baliff

You need to write a firm letter to Jamie Waller, MD of JBW Group, and ask for a proper breakdown of fees including relevant dates of alleged visits. I will try and draft a letter for you over the weekend.

UPDATE: Letter attached. Suggest it is sent by Recorded Delivery. It is addressed to Jamie Waller and JBW's registered office in Darlington, Co. Durham.

[thfc01]

Re: Issue with JBW Baliff

Thanks for the letter bluebootle. I cannot open the file. I get Message that file is corrupt if i try open it up in Microsoft Word. I have also tried in notepad and wordpad and it still will not open

[ploddertom]

Re: Issue with JBW Baliff

It's an Open Office file, what version of Word are you using?

[bluebottle]

Re: Issue with JBW Baliff

It's okay. I can change it to an RTF file. That will open in virtually any word processing program. Give me a few minutes.

DONE.

Should open now.

[thfc01]

Re: Issue with JBW Baliff

Cheers for that Bluebottle, much appreciated. Will send this recorded delivery tomorrow morning. I have also made a slight amendedment to the following paragraph

"I am giving your company seven (7) calendar days from its receipt of this letter to provide a breakdown of fees in respect of the matter at reference, for all FOUR of the above reference numbers giving the following information "-


Just so its clear and so that they don't try and pull the same stunt they did last time and send back information for just one PCN number instead of all four. Thanks again for your help bluebottle. I will keep you updated as to what happens

[bluebottle]

Re: Issue with JBW Baliff

Cheers for that Bluebottle, much appreciated. Will send this recorded delivery tomorrow morning. I have also made a slight amendedment to the following paragraph

"I am giving your company seven (7) calendar days from its receipt of this letter to provide a breakdown of fees in respect of the matter at reference, for all FOUR of the above reference numbers giving the following information "-


Just so its clear and so that they don't try and pull the same stunt they did last time and send back information for just one PCN number instead of all four. Thanks again for your help bluebottle. I will keep you updated as to what happens

Ideal. Remember that the letter is going to Jamie Waller, the MD of JBW Group. He is in a position to kick the backsides of his administration wallahs and brainless bailiffs. JBW Group does not really have very much choice on this occasion. What is very interesting is that Mr Jamie Waller has not renewed his bailiff certificate. Just checked the Certificated Bailiff Register. I am compiling a list of JBW bailiffs listed on the Register.

[thfc01]

Re: Issue with JBW Baliff

Update : I have received two very interesting phone calls. Yesterday evening someone that used to live on the same street as me called me. Said he is working as a bailiff for JBW and he wanted to call me as he saw there was an outstanding fine in my name and he asked his collage to put it on hold as he knew me (not sure how he got my number as he was just someone I used to say hello to when walking past) . I said there is no outstanding fine, I believe that JBW have charged fees which are not in correspondence with the law and have also charged for multiple fees for multiple tickets which is not allowed and that I am currently waiting for a breakdown of fees. His response was that JBW can charge multiple levy's/visit fees for multiple tickets and the only clients that cant do that for is transport for London and how he wants to give me an opportunity to pay before fine becomes too large. I repeated what I said that I don't believe this to be correct and that I am waiting for his Mr J waller to respond to my letter and if there is no response there will be further action via local county court if neccessary. He said he was giving me heads up and that he just wanted to warn me and he would get his colleague to ring me later.
Today I had a miss call, called the number back and it was a bailiff (didnt catch his name), saying he has this fine on hold because I know his colleague and how he can only hold the fine till this evening and if i pay now it will be £355 quid and he wont be making no money of it and wont be charging for a visit. i repeated what I said in yesterdays phone call. At this point he said tomorrow it will be passed to another bailiff and fine will go up to £500 i think and that most likely there will be a visit on Monday morning at 6am. i said well i wont be letting you in and my mother has signed a contents letter to verify she owns everything in the property so you will be unable to place any levy on any goods in this household. At this point bailiff put me on loud speaker and the one I knew came on the phone saying he is trying to do me a favour and how he would not knock on my door cause he knows me but my car is at risk and that it will be clamped and extra fees will be added. I politely said thanks but as I already explained, i think your company is trying to pull a fast one and I will not be paying a penny more . Conversation ended and that was that.
Everyone in my house hold has had situation explained to them so they know not to open the front door at all. Qestion is where do I stand if my car gets clamped?