Retrospective bailiff fees

[yavoyavo]

Hi all

Just joined tonight and feel better theres other souls out there battling like me just to lead a normal life! My enquiry is regarding the possiblility of claiming back rhetrospective bailiff fees?
First I have to put my hand up- I had a PCN which I appealed against and then forgot about!!Issued in December 2012, fast forward to 31st May 2013 and a letter headed 'Certificated Bailiffs' from a company called 'Swift' and a bill for £185.44 which I just didnt have the funds to pay! On 18th June, 6.00am , a knock on the door and bailiff with clipboard and a clamp on my car, parked on the drive. I had to pay £553.94 before he would remove it and I had to sign a 'Notice of Removal Expenses Form 9 and also a 'Notice of Seizure of Goods and Inventory' and also a 'Walking Possesions Agreement;! Now, I put my hands up and maybe I got what I deserved but since then,have done some research and a come across some anomalies that may possibly help claw some money back? The Bailiff in question is not on the bailiff register,forced me to pay by clamping and didnt show me a court stamp or signature from officer of the court! Do I have a chance to get any of my hard-earned back or just put it down to experience and move on?
Have read about a 'charge-back'option on debit cards on old transactions but not sure if its legit!
Thanks in advance


Yavoyavo - :-)

[bluebottle]

Re: Rhetrospective bailiff fees

You will need to ask for a breakdown of fees, which Swift are legally-obliged to provide you with. Go to the main Bailiff forum page, click on Useful Letters and you will find a template Breakdown of Fees letter. If they have acted ultra vires, you can, sometimes, persuade them that they have been rather silly about the fees they have extorted, sorry, charged you. Otherwise, it's a case of taking them to court to recover any fees not in accordance with legislation.

Also, ask for the name of the court that issued the bailiff's certificate. If his details are not yet on the online register, you will need to check with the court to confirm he is actually registered and was registered when he called at your home.

[labman]

Re: Rhetrospective bailiff fees

Just to help you, here's a link to the the letter. You need Letter 1:

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

Once you get the breakdown, post up the fees and we can help you to identify whether or not they have overcharged you.

[ploddertom]

Re: Rhetrospective bailiff fees

Please note Swift were taken over by Marstons back in August

[labman]

Re: Rhetrospective bailiff fees

Hi PT,

Do Marstons still use Swift as a trading name do you know? I think the press release was Aug 12th about that, so it would appear that may be the case from the OP.

[ploddertom]

Re: Rhetrospective bailiff fees

Hi PT,

Do Marstons still use Swift as a trading name do you know? I think the press release was Aug 12th about that, so it would appear that may be the case from the OP.

Quite possibly as Rossendales still use theirs, of course the back office procedures will have changed.

[yavoyavo]

Re: Rhetrospective bailiff fees

Thanks for the replies.Have used the template letter and sent off to Swift.Will post fees as soon as I have them. Thanks again for the help. Bailiffs do seem to make it up as they go along and assume they can rip us off! So glad I joined here!!
Yavoyavo

[paul floorlayer]

Re: Retrospective bailiff fees

Sorry to jump in here but the op situation is similar to mine, Ive got the breakdown of fees and sent a letter 1 to the council which I have recieved a response stating that the bailiff company is allowed to charge for reasonable costs (basically saying they are fine with it), what is my next port of call reclaiming the fees? (circa £500) is it by filing a small claims court case against the bailiff company for the over charged fees?

[labman]

Re: Retrospective bailiff fees

Paul -

Thanks for drawing the parallel with your own case. Have you done the last couple of things suggested on your thread - sent off fees breakdown to Head of Revenues and sent off the SAR?

It's probably best to keep your own information on your own thread to avoid confusion. It's good to see the comparison though, and maybe your case will help give this poster a way forward.