hi everyone how are you? I need some help claiming back phantom bailiff fees?

[ploddertom]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Does failure to check with the dvla constitute and invalid levy ? If the vehicle isn't yours in the first place then it is invalid, nothing to do with whether or not they check, some Bailiffs think they are above reproach.
Also I would like some advice on a chargeback form. I am having one sent to me in the next few days and would like to know what to put. Something along the lines of:

The merchant demanded fees that were fraudulent and committed an offence under
the fraud act 2006? I think you are thinking of something else, if you input your PIN number then you may find it difficult. I know it sounds a bit plain iv only been researching since yesterday

Just be aware that not everything you read is true,

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Im not sure about the pin number. my partner paid over the phone.
Thanks for the info im gonna write a draft letter soon for the chargeback form and post it here, if you could kindly check it for me I'd much appreciate it.
Thanks

[bizzybob]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Im not sure about the pin number. my partner paid over the phone.
Thanks for the info im gonna write a draft letter soon for the chargeback form and post it here, if you could kindly check it for me I'd much appreciate it.
Thanks

If paid over the phone, pin is not used as the verifier, the 3 digits on the back, are used.

[bluebottle]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

As stated previously, if a bailiff does not have a valid and lawful levy, they cannot charge a levy fee or a van fee. Yes, bailiffs do levy on random vehicles hoping the debtor will be none the wiser and cough up. The truth of the matter is that if the bailiff has done this and not conducted a check with DVLA, which is the minimum a court will expect them to do, and has then charged a fee, he has acted recklessly and put him or herself up on offer for an offence of Fraud by False Misrepresentation. However, you would have to be able to show the bailiff had not conducted any checks with DVLA. If a vehicle has been levied on, ask Rundles for the registration number and then check with DVLA if anyone has requested information on this vehicle in the last 6-8 weeks. If DVLA confirm that no-one has, the bailiff and, consequently, Rundles have some explaining to do.

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

I see that explains things a bit better, iv got proof my Mrs paid rundles and proof that rundles have actually charged her iv also found out that despite my Mrs already paid these levy fees to rundles they are still asking another 110 pounds on top of the liability order that's outstanding for no reason. If I don't pay the council tax arrears and let the case go back to rundles which is what were doing can we get into trouble for not paying in the mean time? Bearing in mind I emailed council saying we want to pay the outstanding LO in full.
Thanks again

[freshnutter]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Sorry I meant case go back to the council*

[vwilliams]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Can you please advise me if I can make a claim against the Bailiff for unlawful fees through the small claims Court or if the only remedy available is with an N4? Is there a Legal Precedence for this?
I have filed a claim which has been allocated to the Small Claims track. The Bailiffs Solicitor has written saying this is the wrong procedure, I must withdraw my claim otherwise they will get it struck out with a costs order because there is a Statutory procedure namely an N4 for this type of complaint. Could someone please help me with some legal precedence in order for me to challenge what he is saying when I get to Court.

[Sir Vere Brayne d'Emmidge]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Levy fee and van fees can only be charged if there was a walk in possession on levied goods. And an inventory was actually filled in signed by both parties.

[labman]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Sorry I meant case go back to the council*

Hi Freshnutter,

A few years ago I had 4 LO's against me and bailiffs all over the place. It was unpleasant. About two years ago I reclaimed ALL unfair fees and compensation. Initially I SAR'd both the council and the bailiffs, then fought from there. In the end the council and bailiffs split the refunded fees and the compensation agreed roughly 50/50. They were very reluctant to go to court on the matter, and the bailiffs had mysteriously lost substantial chunks of paperwork - pretty much the bits I was challenging.

[labman]

Re: hi everyone how are you? I need some help claiming back phantom bailiff fees?

Can you please advise me if I can make a claim against the Bailiff for unlawful fees through the small claims Court or if the only remedy available is with an N4? Is there a Legal Precedence for this?
I have filed a claim which has been allocated to the Small Claims track. The Bailiffs Solicitor has written saying this is the wrong procedure, I must withdraw my claim otherwise they will get it struck out with a costs order because there is a Statutory procedure namely an N4 for this type of complaint. Could someone please help me with some legal precedence in order for me to challenge what he is saying when I get to Court.

Hi,

I meant to answer this yesterday on the other thread, so apologies. The problem there was you asked the question on a thread that hadn't been posted on for two years.

As far as I'm aware, and a quick Google seems to reinforce this, you are perfectly within your rights to go through the small claims court. :beagle: