• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

[Old Debt] JBW Group and only just been made aware of what they can legally charge!!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • [Old Debt] JBW Group and only just been made aware of what they can legally charge!!

    Hi all

    After searching through the many forums which can help consumers with baliff debt advice i chose this one

    Now recently i had a unpaid parking ticket which led to baliffs getting involved and a levy placed on my vehicle. I was in money trouble which led me to ring national debt helpline and it was only then that i was made aware of what companies can legally charge me.
    This resulted in my debt amount claiming to be owed to Equita went from £450 odd to around £120 all because i finally knew what i was talking about. I paid the £120 and that was finally settled.

    I then remembered a situation i got into with another company which was JBW Group. I paid £570 for an original congestion charge fine of £180. I paid up after their scare tactics and ended it there. At the time of their appearance to my door it was December 2nd 2011 which meant the worst Christmas for my newly started family when it should have been an amazing memorable time.

    I have requested a breakdown of costs from them and luckily for me they still had it on file. It is as follows

    Debt - £187 - 4th July 2011
    Letter Fee - £11.20 + VAT - 5th July
    Attendance to Levy 1 - £57 + VAT - 1st November 2011
    Attendance to Levy 1 - £60 + VAT - 2nd December 2011
    Attendance to remove - £175 + VAT - 2nd December 2011
    Using a credit card for payment - £16.52 + VAT - 2nd December 2011

    I am not majorly bothered about the letter fee or either of the attendance fees as this isnt the bulk of the debt. Attendance to remove is £210 and that is what i would like to get back. Now after contact with JBW they have told me that they attempted to visit my property on 1st November 2011 but could not make contact and when i put it to them that they are making it up they sent a image to me which shows the baliffs route for the day tracked via GPS. Now to me all this proves is that he/she drove past my house. I had a newborn child so my partner was in and also my brother who lives with me had every Tuesday off from university which is the day they supposedly claim. IF they made a genuine attempt to reach me then they would of encountered either one of these 2 who would of relayed the message to me.

    Then on the 2nd December they turned up at around 7.30am in the morning and after brief discussions about creating a payment plan i ended up paying th debt in full because they were using scare tactics by sticking stickers all over my car and telling me that a tow truck was on its way and more costs would be incurred.

    Now after speaking with national debt helpline they have told me that JBW have no right to charge a attendance to remove because no levy was placed on the vehicle. Is this a correct statement?

    Am i right in thinking that they can charge me a attendance to levy charge for December 2nd but seeing as i paid up straight away then that is the matter sorted. If they had placed a levy on my car and i was given the official document then they would have been within there powers to take my car but seeing as no levy was placed then the law states they cant take any goods?

    There are so many grey areas that im not really sure where i stand. Also i would love to know if there is a standard minimum timeframe in which a baliff can levy on a car and then take it away. When i got the levy on my car recently i had plenty of time to dispute it with the baliffs and get the attendance to remove fee removed from that.

    Even though i believe there first visit is made up i am willing to give them the benefit of the doubt and i will only go after the attendance to remove fee. Do you think i would be able to take them to small claims court? If so how much does it cost to do this as It seems like this is the only way i will be able to claim some of my money back. Can i claim for extra compensation if they are found guilty of breaking the law because the timing of the payout as a mentioned earlier resulted in the worst Christmas ever which cannot be taken back.

    Sorry if i have repeated myself at all, its late and i wanted to get this done before i went to bed.

    Thank you in advance everyone
    Tags: None

  • #2
    Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

    The Attendance Fee is an attendance to remove goods upon which they have levied. Given there was no valid levy in place, there was nothing for them to remove, so it is hard to see how they think they can justify this at all.

    I would not pursue it through the courts yet. I'd write to JBW and the CEO of the relevant council reminding him of the council's vicarious liability for the actions of their enforcement agents. I'd then ask for the money to be refunded plus interest at 8% (this is the norm for this type of thing), and state if they refuse to do this you will be taking it to the small claims court.

    I hope that helps - if you want any more information, just ask.

    Comment


    • #3
      Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

      Thats what i thought. Well i rang them up 3 times and asked for a manager etc and was promised a call back every time which obviously did not happen. Since then i was have wrote to them via email 3 times and received back 2 replies. I stated to them that they have broken the law and they are not entitled to take an attendance fee when there was no levy. They have replied sending me a link to the statutory provisions for fees and saying they are within their rights when i clearly know they are not. They are point blank refusing to accept it so the only way to get anywhere is taking it to the next step of court action.

      SO should i write a letter to JBW first and see where i get with that? Im not exactly sure which council i would have to speak to. It was for a congestion charge in London so not even sure who deals with it.

      If all of this fails what is the procedure for court? How much does it cost? I need to be certain of a win as cant afford to put loads of money into it unless i will come out on top.

      Thanks

      Comment


      • #4
        Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

        Send a Letter Before Action to the Council AND JBW, as the council are wholly liable for the blatant overcharging of their agent JBW giving them 14 days to refund the spurious fees. tell them you will ten be initiating an action in the small claims court with the council and JBW as joint defendants,

        Comment


        • #5
          Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

          I wouldn't even make it a LBA at present, I'd just write a letter headed Formal Complaint to the CEO of the council, copied to the bailiff company.

          Letter 5 here:

          http://www.legalbeagles.info/forums/...Useful-Letters

          is not intended for your purpose, but gives you an idea of the sorts of things you might wish to include in it. Where this has a go at the Head of Revenues, yours would be more bailiff company. We can always look it over before you send it if you want.

          Comment


          • #6
            Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

            How can i find out which council to send it to?

            Comment


            • #7
              Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

              Where were you parked when you got the ticket?

              Comment


              • #8
                Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

                Originally posted by labman View Post
                Where were you parked when you got the ticket?
                It was a congestion charge and i only entered in 10 feet into the zone before turning around after making a wrong turn which was the most frustrating part. I guess the council would be determined by whichever part of London i went into.

                Do you think JBW will tell me what council they work under directions from or maybe i could try transport of London.

                Comment


                • #9
                  Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

                  If it is Congestion Zone likely its TFL Transport for London. Wonder if they have got round to assessing the CO2 emissions from a Team of Four horses on the Mail coach? probably be higher than a minibus....

                  Comment


                  • #10
                    Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

                    Originally posted by bizzybob View Post
                    Wonder if they have got round to assessing the CO2 emissions from a Team of Four horses on the Mail coach? probably be higher than a minibus....
                    Or the methane emissions from all the horses when Brenda formally opened Parliament?

                    Comment


                    • #11
                      Re: [Old Debt] JBW Group and only just been made aware of what they can legally charg

                      If the ticket was imposed by TfL, does that mean he'll have to sue barmy Boris?

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                      Working...
                      X