• 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.

Excessive Charges by Collectica bailiffs.

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

  • Excessive Charges by Collectica bailiffs.

    Hi everyone, first post on here so please take it easy on me. Here is the story. I received a standard PCN, which wasn't paid, progressed to a CC, which wasn't paid and then progressed onto the Courts for recovery.
    Any way, one morning I got woken up by my dad, as bailiffs were at the door threatening to take my car if I did not pay up. There were two bailiffs who used their van to block the driveway, which caused me distress as I felt like I was blocked in! They used raised voices and my neighbors knew what was going on, causing embarrassment.

    I told the bailiffs I am self employed, showing a letter I received from HMRC stating I needed to pay National Insurance Contributions as I am self employed. I opened the boot to show the custom infotainment system, based on a standard computer, that I produce and sell, which is a demo system and removal of vehicle would cause hardship as I could not sell the system without prospective clients being able to fully test the system out. I also pointed out that I suffer from Hidradenitis Suppurativa, which means I need the use of the vehicle. I am not registered disabled as it's a condition which flares up and dies down too often. They said they were prepared to call a tow truck and have my vehicle removed immediately if I didn't pay. In panic, I called my local Councillor, which wasn't helpful at all. After a lot of words exchanged, I was sat in my car to prevent the bailiffs from taking it. They threatened to call the police to get me out of the car! Anyway, they threw a piece of paper (literally) through the window at me and went off.

    Anyway, I found out then, I owed £196. I filed an Out of Time application to the courts which was rejected, so a few weeks later, I started panicking and thought I would pay the bailiffs because I couldn't risk having my car seized, especially when I am not at home to protect it and the stress of it all wasn't worth the £200 as my health was seriously deteriorating. I emailed the council informing I am self employed, have a debilitating health condition and need my vehicle for business and also because of my health condition. I also asked for a breakdown of charges. After many negotiations, I received a breakdown of costs. I owed £81 as the debt, £13.40 for the first letter (never got one) and £97 for the first visit. On the form the bailiffs threw at me, they quoted Road Traffic Debt Act. I looked it up and noticed I should have been charged £33.60 as the debt amount was below £100.

    I emailed the council, with the law, the section of the law and told them the incorrect fee must be lowered. The council basically stated the charges were legal, it wasn't their issue either, it was the bailiffs. I didn't want to contact the bailiffs because if I couldn't pay up for whatever reason, I knew they would turn up on my doorstep the next morning, ready to slap new charges on. As it turns out, I couldn't because I couldn't pay online as I did not have the details to pay it!! After many negotiations with the council, I finally managed to get the detail and I paid up because the stress was getting too much, a grand total of £215.

    Am I right that I have been overcharged?

    Secondly, I got charged £12 to pay using a debit card, on top of everything. I also know this is illegal under The Consumer Rights (Payment Surcharges) Regulations 2012. Even collectica state they only charge £3 for debit cards!?

    Oh and further more, I was never supplied with a VAT invoice, even though I repeatedly asked the council for one and after payment, asked the bailiff for one. Technically under HMRC guidelines, VAT can not be charged? (I know that through my own business)

    As I did not have enough money, I had to use my overdraft which also caused financial distress as I did not have any money to spend for a while.

    I am about to send a letter demanding the illicit charges are returned but ideally I would like compensation due to the emotional and financial distress this has placed on me, can I get compensation for the distress? The bailiff consistently supplied incorrect information, threatening he would remove my car immediately. Even on the form I was given, it states the bailiff will "reattend your property within 24 hours, early morning or evening to impound your vehicle/remove goods".

    I now know the bailiff can not do that, as a Levy was not distressed as I was not given a Form 7 and/or a walking possession order was not given/signed. I take this as threatening behavior, which influenced my decision to pay up, even though I knew the charge was illicit and I could have fought it.

    Is it also true I can charge Litigant in Person hourly allowance in court?

    Thank you in advance for the opinions and help given!

    EB

    Edit - I have formally written in to Collectica demanding a breakdown of charges. They quoted the law for £13.40 but mysteriously only said that £91 was charged for the first visit, without quoting a law.
    Last edited by EagerBeagle; 2nd December 2013, 03:55:AM.

  • #2
    Re: Excessive Charges by Collectica bailiffs.

    Does anyone else drive the vehicle apart from yourself?
    What class of insurance do you have for it?
    What proof of "tools of trade" did you provide the Bailiff with?
    Have you provided any proof of your "illness" so you could have been classed as potentially vulnerable?

    In this instance a VAT Invoice does not have to be provided as the VAT element may not be claimed as an input/output to yourself. You claim the whole amount as an expense. You may well have been overcharged but until you receive a breakdown of the fees it is difficult to comment. I doubt you can make any claim against them as it is your own fault you never paid the initial PCN in the first place.

    Comment


    • #3
      Re: Excessive Charges by Collectica bailiffs.

      Do you have a VEL showing "Disabled" as the Tax Class and the rate of duty as £000.00? Also, do you have a Blue Badge and, if so, was it on display in the vehicle at the time the bailiffs turned up for their audition for Gladiators?
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Excessive Charges by Collectica bailiffs.

        Originally posted by ploddertom View Post
        Does anyone else drive the vehicle apart from yourself?
        What class of insurance do you have for it?
        What proof of "tools of trade" did you provide the Bailiff with?
        Have you provided any proof of your "illness" so you could have been classed as potentially vulnerable?

        In this instance a VAT Invoice does not have to be provided as the VAT element may not be claimed as an input/output to yourself. You claim the whole amount as an expense. You may well have been overcharged but until you receive a breakdown of the fees it is difficult to comment. I doubt you can make any claim against them as it is your own fault you never paid the initial PCN in the first place.
        Ah ok, I have asked for a breakdown of costs and the £90 (not incl VAT) is for visit one only. Whilst it is my own fault I never paid the PCN or challenged it, the council/bailiff still broke the law by overcharging. Plus I was threatened with the seizure of my vehicle when seizure could not have legally taken place, causing distress.

        Comment


        • #5
          Re: Excessive Charges by Collectica bailiffs.

          Originally posted by bluebottle View Post
          Do you have a VEL showing "Disabled" as the Tax Class and the rate of duty as £000.00? Also, do you have a Blue Badge and, if so, was it on display in the vehicle at the time the bailiffs turned up for their audition for Gladiators?
          Nope as I am not registered as disabled because I am able for months at a time and then come down with symptoms and not able to move much for a few months, the amount of paperwork isn't worth it as I generally don't leave the house when I am ill anyway, unless it's to go to the hospital.

          Comment


          • #6
            Re: Excessive Charges by Collectica bailiffs.

            Originally posted by EagerBeagle View Post
            Hi everyone, first post on here so please take it easy on me. Here is the story. I received a standard PCN, which wasn't paid, progressed to a CC, which wasn't paid and then progressed onto the Courts for recovery.
            Any way, one morning I got woken up by my dad, as bailiffs were at the door threatening to take my car if I did not pay up. There were two bailiffs who used their van to block the driveway, which caused me distress as I felt like I was blocked in! They used raised voices and my neighbors knew what was going on, causing embarrassment.

            I told the bailiffs I am self employed, showing a letter I received from HMRC stating I needed to pay National Insurance Contributions as I am self employed. I opened the boot to show the custom infotainment system, based on a standard computer, that I produce and sell, which is a demo system and removal of vehicle would cause hardship as I could not sell the system without prospective clients being able to fully test the system out. I also pointed out that I suffer from Hidradenitis Suppurativa, which means I need the use of the vehicle. I am not registered disabled as it's a condition which flares up and dies down too often. They said they were prepared to call a tow truck and have my vehicle removed immediately if I didn't pay. In panic, I called my local Councillor, which wasn't helpful at all. After a lot of words exchanged, I was sat in my car to prevent the bailiffs from taking it. They threatened to call the police to get me out of the car! Anyway, they threw a piece of paper (literally) through the window at me and went off.

            Anyway, I found out then, I owed £196. I filed an Out of Time application to the courts which was rejected, so a few weeks later, I started panicking and thought I would pay the bailiffs because I couldn't risk having my car seized, especially when I am not at home to protect it and the stress of it all wasn't worth the £200 as my health was seriously deteriorating. I emailed the council informing I am self employed, have a debilitating health condition and need my vehicle for business and also because of my health condition. I also asked for a breakdown of charges. After many negotiations, I received a breakdown of costs. I owed £81 as the debt, £13.40 for the first letter (never got one) and £97 for the first visit. On the form the bailiffs threw at me, they quoted Road Traffic Debt Act. I looked it up and noticed I should have been charged £33.60 as the debt amount was below £100.

            I emailed the council, with the law, the section of the law and told them the incorrect fee must be lowered. The council basically stated the charges were legal, it wasn't their issue either, it was the bailiffs. I didn't want to contact the bailiffs because if I couldn't pay up for whatever reason, I knew they would turn up on my doorstep the next morning, ready to slap new charges on. As it turns out, I couldn't because I couldn't pay online as I did not have the details to pay it!! After many negotiations with the council, I finally managed to get the detail and I paid up because the stress was getting too much, a grand total of £215.

            Am I right that I have been overcharged?

            Secondly, I got charged £12 to pay using a debit card, on top of everything. I also know this is illegal under The Consumer Rights (Payment Surcharges) Regulations 2012. Even collectica state they only charge £3 for debit cards!?

            Oh and further more, I was never supplied with a VAT invoice, even though I repeatedly asked the council for one and after payment, asked the bailiff for one. Technically under HMRC guidelines, VAT can not be charged? (I know that through my own business)

            As I did not have enough money, I had to use my overdraft which also caused financial distress as I did not have any money to spend for a while.

            I am about to send a letter demanding the illicit charges are returned but ideally I would like compensation due to the emotional and financial distress this has placed on me, can I get compensation for the distress? The bailiff consistently supplied incorrect information, threatening he would remove my car immediately. Even on the form I was given, it states the bailiff will "reattend your property within 24 hours, early morning or evening to impound your vehicle/remove goods".

            I now know the bailiff can not do that, as a Levy was not distressed as I was not given a Form 7 and/or a walking possession order was not given/signed. I take this as threatening behavior, which influenced my decision to pay up, even though I knew the charge was illicit and I could have fought it.

            Is it also true I can charge Litigant in Person hourly allowance in court?

            Thank you in advance for the opinions and help given!

            EB

            Edit - I have formally written in to Collectica demanding a breakdown of charges. They quoted the law for £13.40 but mysteriously only said that £91 was charged for the first visit, without quoting a law.
            You are right, they should have only charged £33.60, write to them and ask for a refund, youmight have to wait a while, but if it does not happen then escalate it with both the Council and TEC in Northampton.
            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



            It's a dirty job, but someone got to do it!

            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

            Comment


            • #7
              Re: Excessive Charges by Collectica bailiffs.

              Originally posted by EagerBeagle View Post
              Hi everyone, first post on here so please take it easy on me. Here is the story. I received a standard PCN, which wasn't paid, progressed to a CC, which wasn't paid and then progressed onto the Courts for recovery.
              Any way, one morning I got woken up by my dad, as bailiffs were at the door threatening to take my car if I did not pay up. There were two bailiffs who used their van to block the driveway, which caused me distress as I felt like I was blocked in! They used raised voices and my neighbors knew what was going on, causing embarrassment.

              I told the bailiffs I am self employed, showing a letter I received from HMRC stating I needed to pay National Insurance Contributions as I am self employed. I opened the boot to show the custom infotainment system, based on a standard computer, that I produce and sell, which is a demo system and removal of vehicle would cause hardship as I could not sell the system without prospective clients being able to fully test the system out. I also pointed out that I suffer from Hidradenitis Suppurativa, which means I need the use of the vehicle. I am not registered disabled as it's a condition which flares up and dies down too often. They said they were prepared to call a tow truck and have my vehicle removed immediately if I didn't pay. In panic, I called my local Councillor, which wasn't helpful at all. After a lot of words exchanged, I was sat in my car to prevent the bailiffs from taking it. They threatened to call the police to get me out of the car! Anyway, they threw a piece of paper (literally) through the window at me and went off.

              Anyway, I found out then, I owed £196. I filed an Out of Time application to the courts which was rejected, so a few weeks later, I started panicking and thought I would pay the bailiffs because I couldn't risk having my car seized, especially when I am not at home to protect it and the stress of it all wasn't worth the £200 as my health was seriously deteriorating. I emailed the council informing I am self employed, have a debilitating health condition and need my vehicle for business and also because of my health condition. I also asked for a breakdown of charges. After many negotiations, I received a breakdown of costs. I owed £81 as the debt, £13.40 for the first letter (never got one) and £97 for the first visit. On the form the bailiffs threw at me, they quoted Road Traffic Debt Act. I looked it up and noticed I should have been charged £33.60 as the debt amount was below £100.

              I emailed the council, with the law, the section of the law and told them the incorrect fee must be lowered. The council basically stated the charges were legal, it wasn't their issue either, it was the bailiffs. I didn't want to contact the bailiffs because if I couldn't pay up for whatever reason, I knew they would turn up on my doorstep the next morning, ready to slap new charges on. As it turns out, I couldn't because I couldn't pay online as I did not have the details to pay it!! After many negotiations with the council, I finally managed to get the detail and I paid up because the stress was getting too much, a grand total of £215.

              Am I right that I have been overcharged?

              Secondly, I got charged £12 to pay using a debit card, on top of everything. I also know this is illegal under The Consumer Rights (Payment Surcharges) Regulations 2012. Even collectica state they only charge £3 for debit cards!?

              Oh and further more, I was never supplied with a VAT invoice, even though I repeatedly asked the council for one and after payment, asked the bailiff for one. Technically under HMRC guidelines, VAT can not be charged? (I know that through my own business)

              As I did not have enough money, I had to use my overdraft which also caused financial distress as I did not have any money to spend for a while.

              I am about to send a letter demanding the illicit charges are returned but ideally I would like compensation due to the emotional and financial distress this has placed on me, can I get compensation for the distress? The bailiff consistently supplied incorrect information, threatening he would remove my car immediately. Even on the form I was given, it states the bailiff will "reattend your property within 24 hours, early morning or evening to impound your vehicle/remove goods".

              I now know the bailiff can not do that, as a Levy was not distressed as I was not given a Form 7 and/or a walking possession order was not given/signed. I take this as threatening behavior, which influenced my decision to pay up, even though I knew the charge was illicit and I could have fought it.

              Is it also true I can charge Litigant in Person hourly allowance in court?

              Thank you in advance for the opinions and help given!

              EB

              Edit - I have formally written in to Collectica demanding a breakdown of charges. They quoted the law for £13.40 but mysteriously only said that £91 was charged for the first visit, without quoting a law.

              You may not like the following answers but at least the information that I will be giving is ACCURATE.

              It would seem from your question that you may have looked at information on some other forums and considered that the info is factual.

              Firstly, on the point of being woken up and being embarrassed by a bailiff, this is a common everyday feature with unpaid council tax and parking tickets and if a complaint is made to the council using this ground it will fall on deaf ears.

              Second, when the new statutory regulations come into law in April the matter of "exception" for cars for employment etc will be a bit clearer. Until then the situation is that generally, it will be the case that the car will be exempt on the basis that without THAT PARTICULAR VEHICLE the debtor would be unable to continue with his self employment etc. In most cases, bailiff will accept taxis and mini cabs as exempt and an vehicle that is clearly sign written to advertise the business.

              I am confused as to why you had filed an OTT but even more concerned as to why you failed to file an N244. You will also be aware that the letter of rejection from TEC advised of the very strict period of time (14 days) in which to seek a review. Failure to do so will lead to the warrant becoming live once again and that is exactly what happend. On what grounds did you file the OTT?

              The local authority will not care whether you used an overdraft to make payment or whether you had to borrow money. Their argument will be that you had a choice to pay the debt at either the Notice to Owner, Charge Certificate or Order for Recovery Stage.

              There are a number of websites that encourage debtors to seek "bailiff redress" but if anyone is considering such an action you need to ask the websites for evidence of any successful cases. You will sadly only hear that such successes must remain PRIVATE !!! I have a commercial business and I can ASSURE you that I have not seen any case yet where compensation has been paid for a complaint such as yours. NEVER.

              The bailiff has attempted to charge you an "attending to remove" fee at the same time as a visit to "levy". This is sadly the most common area of dispute and the enforcement companies will use every trick in the book to argue that THEIR interpretation of the statutory fee scale is the correct one.

              From 6th April bailiffs will be able to charge an "admin fee" of £90 together with a "one off" visit fee of £275. This is going to cause mayhem to debtors with unpaid parking tickets and this is why I will constantly try to tell everyone to PAY THE PCN at the Notice to Owner stage.

              In that way you will be entitled to a 50% discount !!!

              Comment


              • #8
                Re: Excessive Charges by Collectica bailiffs.

                Good advice for after April next year pay or face a possible v365 quid in fees from a baliff who probably will get quite excited at the thought of that much money for little.
                There must be few cases where people genuinely didn't get the ticket but many local authorities are taking photos of cars that have been ticketed that's Evidence so why try to avoid the charge ,
                I dislike Bailiffs as much as the next person but it has to be remembered they will only be put on the case when other forms of enforcement are exhausted, if a penalty notice is 50 quid why let it rise by another 365 quid where is the sense in that?

                Comment


                • #9
                  Re: Excessive Charges by Collectica bailiffs.

                  Originally posted by EagerBeagle View Post
                  Nope as I am not registered as disabled because I am able for months at a time and then come down with symptoms and not able to move much for a few months, the amount of paperwork isn't worth it as I generally don't leave the house when I am ill anyway, unless it's to go to the hospital.
                  The "Disabled" VEL is issued to those in receipt of the Higher Rate Mobility Component of Disabled Living Allowance (DLA), which also qualifies a person for Blue Badge.

                  As for the bailiff's behaviour, being disingenuous can range from Misrepresentation of Powers to something a lot more serious.
                  Last edited by bluebottle; 3rd December 2013, 21:07:PM.
                  Life is a journey on which we all travel, sometimes together, but never alone.

                  Comment


                  • #10
                    Re: Excessive Charges by Collectica bailiffs.

                    Originally posted by Milo View Post
                    You may not like the following answers but at least the information that I will be giving is ACCURATE.

                    It would seem from your question that you may have looked at information on some other forums and considered that the info is factual.

                    Firstly, on the point of being woken up and being embarrassed by a bailiff, this is a common everyday feature with unpaid council tax and parking tickets and if a complaint is made to the council using this ground it will fall on deaf ears.

                    Second, when the new statutory regulations come into law in April the matter of "exception" for cars for employment etc will be a bit clearer. Until then the situation is that generally, it will be the case that the car will be exempt on the basis that without THAT PARTICULAR VEHICLE the debtor would be unable to continue with his self employment etc. In most cases, bailiff will accept taxis and mini cabs as exempt and an vehicle that is clearly sign written to advertise the business.

                    I am confused as to why you had filed an OTT but even more concerned as to why you failed to file an N244. You will also be aware that the letter of rejection from TEC advised of the very strict period of time (14 days) in which to seek a review. Failure to do so will lead to the warrant becoming live once again and that is exactly what happend. On what grounds did you file the OTT?

                    The local authority will not care whether you used an overdraft to make payment or whether you had to borrow money. Their argument will be that you had a choice to pay the debt at either the Notice to Owner, Charge Certificate or Order for Recovery Stage.

                    There are a number of websites that encourage debtors to seek "bailiff redress" but if anyone is considering such an action you need to ask the websites for evidence of any successful cases. You will sadly only hear that such successes must remain PRIVATE !!! I have a commercial business and I can ASSURE you that I have not seen any case yet where compensation has been paid for a complaint such as yours. NEVER.

                    The bailiff has attempted to charge you an "attending to remove" fee at the same time as a visit to "levy". This is sadly the most common area of dispute and the enforcement companies will use every trick in the book to argue that THEIR interpretation of the statutory fee scale is the correct one.

                    From 6th April bailiffs will be able to charge an "admin fee" of £90 together with a "one off" visit fee of £275. This is going to cause mayhem to debtors with unpaid parking tickets and this is why I will constantly try to tell everyone to PAY THE PCN at the Notice to Owner stage.

                    In that way you will be entitled to a 50% discount !!!


                    Have you thought of going public with that, Milo? It will probably have the bailiff companies sticking pins in a wax effigy of yourself, but at least motorists won't get stung, thanks to a government that is not only disingenuous and corrupt, but thinks nothing of bullying the electorate in order to promote the interests of its paymasters... and that ain't you and me.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Excessive Charges by Collectica bailiffs.

                      Originally posted by bluebottle View Post
                      [/B]

                      Have you thought of going public with that, Milo? It will probably have the bailiff companies sticking pins in a wax effigy of yourself, but at least motorists won't get stung, thanks to a government that is not only disingenuous and corrupt, but thinks nothing of bullying the electorate in order to promote the interests of its paymasters... and that ain't you and me.

                      What needs to be remembered is that bailiffs primarily make their living from debtors who fail to address correspondence. Of that there is little doubt.

                      With parking tickets the crazy thing is that if payment is made at the Notice to Owner stage the debtor is entitled to a 50% DISCOUNT. Furthermore, if he feels that the PCN should not have been issued, then he can appeal and such appeal is FREE !!!

                      If payment is not made at the NtO stage the right to the 50% discount is LOST.

                      There are two further stages; Charge Certificate and Order for Recovery before a warrant is sent to bailiffs. Despite these notices, last year over 1.4 million warrants for unpaid parking tickets were sent to bailiffs. It is awful.

                      On 6th April a PCN issued by a London Borough will be £202 at warrant stage ( which is the same amount today).

                      Only ONE letter will be sent and this will incur a fee of £90. This figure may change between now and April as discussions are still ongoing regarding debtors being charged 20% VAT.

                      If the debtor fails to pay within the strict time frame, a visit can be made and this will be charged at £290 ( and against can be subject to change due to the VAT).

                      As you can see, a £ 60 PCN if left unpaid and allowed to go to warrant stage will cost the debtor either £292 or £582.

                      at warrant stage and if payment is made within the strict time frame of the initial letter

                      Comment


                      • #12
                        Re: Excessive Charges by Collectica bailiffs.

                        What is going to be interesting, Milo, is if some dim-witted bailiff seizes a third-party vehicle, the third-party recovers it, pays the fees, then turns round and sues the bailiff and their employer.

                        In their desperation to bully the electorate and what can only be described as sheer political incompetence, the powers-that-be do not appear to have not included any protection from litigation for certificated bailiffs who foul-up. I spotted that the other day.

                        It could be a very interesting situation if such a bailiff comes across a legally-savvy third party who tells him to seize a vehicle at his own risk as any fees payable will be recovered from the bailiff, his employers or both.

                        If this disingenuous and corrupt government is heaved out of office before 6 April 2014, it will be interesting to see if this provision ever comes into force.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Excessive Charges by Collectica bailiffs.

                          Originally posted by Milo View Post

                          I am confused as to why you had filed an OTT but even more concerned as to why you failed to file an N244. You will also be aware that the letter of rejection from TEC advised of the very strict period of time (14 days) in which to seek a review. Failure to do so will lead to the warrant becoming live once again and that is exactly what happend. On what grounds did you file the OTT?

                          The local authority will not care whether you used an overdraft to make payment or whether you had to borrow money. Their argument will be that you had a choice to pay the debt at either the Notice to Owner, Charge Certificate or Order for Recovery Stage.

                          There are a number of websites that encourage debtors to seek "bailiff redress" but if anyone is considering such an action you need to ask the websites for evidence of any successful cases. You will sadly only hear that such successes must remain PRIVATE !!! I have a commercial business and I can ASSURE you that I have not seen any case yet where compensation has been paid for a complaint such as yours. NEVER.

                          The bailiff has attempted to charge you an "attending to remove" fee at the same time as a visit to "levy". This is sadly the most common area of dispute and the enforcement companies will use every trick in the book to argue that THEIR interpretation of the statutory fee scale is the correct one.
                          I filed an OOT application as I did not receive the court order letter, NTO or CC, hence was not able to defend it. I filed it on those terms. The Council refused that claim, stating the CC was sent by 1st class registered post and it was "refused" by me, other letters were never returned. I had to get my councillor to get the parking services to cough up the tracking number. It was returned but no reason was given by Royal Mail.

                          I didn't file an N244 because I knew what the council's defense would be and it would be a far too strong case to fight it, as I have very little proof as the law deems any mail sent by 1st class to be delivered on the next day. I didn't want to lose the case in court and end up with further charges.

                          I am not trying to get out of paying the parking ticket, I fully accept the cost. What I don't accept and I am outraged by is the excessive charges being applied. Where there has been an incorrect charge applied, it has ALWAYS been to benefit the bailiffs, never the debtor...and I am not the only one to suffer from this.

                          Whenever a company has taken money that does not belong to, I am able to, if I can prove, reclaim expenses such as overdraft fees. Frankly, the charge is £6 or so, I am not overly concerned about retrieving this, however I feel it is principal to recover this because I can guarantee the bailiffs would. (And then charge a 'standard' admin charge on this as well!)

                          I am fully aware that information held on the internet is merely opinion rather than fact, it is why I am here asking questions about uncertainties.

                          If I do want compensation, I would have to prove why compensation is needed. Threatening to remove one's car when legally it can not be done is tantamount to blackmail, as a walking possession order was not signed or a form 7 as required by law? Would that not constitute as proof?

                          I am not arguing with anyone on here, just filling in the facts or arguments to sustain the recompense we should to be entitled to, to better enable everyone to have a productive discussion and hopefully make these companies think twice before knowingly breaking the law.

                          Comment


                          • #14
                            Re: Excessive Charges by Collectica bailiffs.

                            Originally posted by Milo View Post
                            From 6th April bailiffs will be able to charge an "admin fee" of £90 together with a "one off" visit fee of £275. This is going to cause mayhem to debtors with unpaid parking tickets
                            Why, in the name of Saddam Hussein's saggy scrotum, have the varmints been allowed to charge so much?

                            Comment


                            • #15
                              Re: Excessive Charges by Collectica bailiffs.

                              Originally posted by bluebottle View Post
                              If this disingenuous and corrupt government is heaved out of office before 6 April 2014, it will be interesting to see if this provision ever comes into force.
                              if this disingenuous and corrupt government is heaved out of office, it will be replaced by another disingenuous and corrupt government.

                              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