Excel Civil Enforcement - Acting aggressively and fraudulently

[CharlotteJ]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

Hi,

Please please could I have more help on this issue. On the date I started this post, I sent the template requesting the breakdown of costs to Excel. They still haven't provided me with this.

After writing to my local MP, he wrote to the head of finance at the council. He has got someone to reply to my MP basically stating that they were not asked to withdraw by the police but left of their own accord after checking the HPI on my cars. The council has also said they have "reviewed the fees" involved and found nothing to suggest that they have been incorrectly imposed or inflated by Excel.

They have advised that I contact the Council's recovery team.

So A. What can I do as Excel have failed to provide me with the breakdown of costs?
B. They only checked the HPI on my cars when they came last, yet have previously placed levys on them despite them both being on HPI plus charged for it
C. They have charged us fees on a number of occasions for Van fees, when they have never been in my property nor taken anything in a van.

What are my next steps?

How can I get them to provide the information I need and how can I get the council to sort things?

They have also denied trying to kick my door in, yet admitted to the council they knocked at the door "hard" when they had no answer despite there being someone at home. How they knew we were home I do not know, as they tried breaking my door down at 6.55am and there were no signs of life in the house. Another lie.


Nightmare!!

Thanks.

[CharlotteJ]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

They haven't mentioned anything about me being vulnerable either, despite me informing them and the council.

[ploddertom]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

Following on from what has happened previously.

Did you get the information from the Council as suggested in Post 2? excel have had sufficient time in which to respond to your request for the breakdown of fees but for the avoidance of doubt you must send them a reminder.

Seeing as you appear to be aving hassles with the Council over their intransigence to address any of the issues you have raised - they seem to be just fobbing you off - then you should contact your local Councillor(s) ASAP - best done initally by phone. If they are reluctant or refuse then go straight to the Leader of the Council and his opposite number. You are also best pointing them in the direction of this website so they can see things for themselves. On top of this a Formal Complaint should be sent to the CEO of the Council.

[bizzybob]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

You could initiate a Formal Complaint to the head of Revenues, the CEO of the council the elected leader and MP highlighting Excel's reluctance to abide by the National Standards that deem your family vulnerable, and that they the council are WHOLLY LIABLE for any deed or misdeed of their agent Excel. You could report the council and Excel to the HSE for breach of Health & Safety Act 1974 for failing to carry out a risk assessment into the effect of their aggressive enforcement on a vulnerable family

[labman]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

I think tread gently for the time being. Send the reminders for posts 2 & 4 for now. When you were informed of the council's failure to find anything wrong with the bailiffs' fees, was there a name or position attached to the letter? This could be useful.

[CharlotteJ]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

How do I find out the CEO of the Council?

Yes, the letter has a name - my MP addressed it to Mr Moore who is apparently the head of Financial Services. He has got someone called John Gravelle to reply who is the Revenue Services Manager. I now have his email address which is on the letter.

So I just reply to Excel and say what? That they have failed to provide me with the info I asked for within the 14 days?

[CleverClogs]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

How do I find out the CEO of the Council?

Ask them!

So I just reply to Excel and say what? That they have failed to provide me with the info I asked for within the 14 days?

Yes.

[bizzybob]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

Just chase them up for the time being and ask them to provide the requested information, the big stick of reporting them to HSE etc can be used later if they don't play ball.

[CharlotteJ]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

Ok, this morning I have received a letter from Excel. They have denied all knowledge of my request but have provided a breakdown of fees.

There are 15 fees in total, all starting from September 2012. There are two cases open, so they have charged twice for each case. They only visited once per time for both cases at the same time.

Case 1 06/09/12 Attendance Fee - £22.50
Case 2 06/09/12 Attendance Fee - £22.50
Case 1 17/09/12 Attendance Fee - £16.50
Case 2 17/09/12 Attendance Fee - £16.50
Case 1 28/09/12 Levy Fee - £32.00
Case 2 28/09/12 Levy Fee - £32.00
Case 1 28/09/12 Redemption Fee - £22.50
Case 2 28/09/12 Redemption Fee - £22.50
Case 1 28/09/12 Walking Possession Fee - £11.00
Case 1 14/03/12 Attending to Remove Fee - £125
Case 1 11/04/13 HPI Search Fee - £15

There are also four charges of £1 Card Payment Fees when I made payments towards the balance.

I have here copies of the Notice of Seizure and Inventory they placed on my two HP cars.

They have never, ever been inside my property, we have never signed anything, they have never seen any of my possessions, we have never answered the door to them.

I have spoken to the council who keep telling me that the person I need to speak to is unavailable. I tried all day yesterday to speak to him and no one else there will deal with the case.

Now I have the breakdown of costs, can anyone tell me if they are allowed to charge all these things when they have basically done nothing apart from illegally levy two cars. They didn't check the HP on them until a couple of weeks ago, yet my levy is dated the 6/9/12.

Thanks!

[bizzybob]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

Only one attendance fee per day, as they attended for both on the same day, as this is presumably in Wales then they can have £22.50 for the first visit, and only £16.50 for the second. as the vehicles were on finajnce all other fees should fail, and be void. There is nothing to allow foer head h redemption fees as 1: the cars were not removed and 2 the levy is void, as to the HPI check fee, no such animal in the regulations so max payable to Excel is £39 imho.

[CleverClogs]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

Thank you for having posted irrefutable proof that bailiffs tell lies.

First of all, the bailiff has charged double fees which is questionable to say the least.

Secondly, the statement made to your MP about leaving after checking the HP status of the motor-cars is obviously false and the documentation from Excel proves as much. You may wish to tell your MP about that; one might expect your MP will not be favourably impressed with their untruths.

Thirdly, if the levy was dated 6/9/12, the bailiff or his employers should explain why the (double) levy fees, the (double) "Redemption fees" and the walking possession fee (curiously not doubled) were all dated 28/9/12 - 22 days later.

Finally, the "HPI Search Fee" is not permitted under the regulations. Please see the attached file which, although it really applies only to England, may nevertheless be informative.

[bizzybob]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

Thank you for having posted irrefutable proof that bailiffs tell lies.

First of all, the bailiff has charged double fees which is questionable to say the least.

Secondly, the statement made to your MP about leaving after checking the HP status of the motor-cars is obviously false and the documentation from Excel proves as much. You may wish to tell your MP about that; one might expect your MP will not be favourably impressed with their untruths.

Thirdly, if the levy was dated 6/9/12, the bailiff or his employers should explain why the (double) levy fees, the (double) "Redemption fees" and the walking possession fee (curiously not doubled) were all dated 28/9/12 - 22 days later.

Finally, the "HPI Search Fee" is not permitted under the regulations. Please see the attached file which, although it really applies only to England, may nevertheless be informative.

I think they have nailed their own scrotums to a plank with that breakdown, it is a tissue of lies and illegal fees.

[ploddertom]

Re: Excel Civil Enforcement - Acting aggressively and fraudulently

If the person at the Council is never available then I would ask for the Council CEO and make some noise. I don't doubt they will try and fob you off by saying they are not responsible but all they are doing is digging a hole for themselves. Have you involved your local Councillor(s) or Assembly Member?