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.
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.
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