Baliff fees after debt as been paid to council

[Guest]

Re: Baliff fees after debt as been paid to council

If you have sold the car, you have technically committed an offence as the goods were impounded (on the custody of the law).

You can argue that as the vehicle was levied in your absence, the whole process was not completed but this is a tough thing to do, with very little case law to fall back on.

Alternatively, you can argue that £180 is excessive and expect about £50 knocked off. You will probably have paid the £180 by the time B&S are informed to credit you (around) £50.

Once bailiffs get hold of debtors goods, especially vehicles, the balance of power swings heavily in their favour.

I personally think you might be better off, accepting they have a valid levy and concentrate on challenging the excessive amount. Remember, the bailiff will claim he visited "with a view to remove goods" but did not attend in a tow truck. It is not reasonable to turn up in a vehicle not fit for purpose and Charge a debtor £189 for doing so.

[bizzybob]

Re: Baliff fees after debt as been paid to council

"i dont know if it makes a difference but the car was not a ford focus as stated on there paperwork it was a ford mondeo and no finance on the car"

A Ford Focus is different from a Mondeo, as they have the model wrong that might mean the levy was faulty, as the goods were incorrectly described?

[bluebottle]

Re: Baliff fees after debt as been paid to council

It sounds to me like they abandoned the levy.

[katscott]

Re: Baliff fees after debt as been paid to council

Just a quick update, i wrote to B&S out lining my objections and reasons that the amount owed was unfair, pointing out paper work not been filled out correctly etc, I got a letter back this morning telling me in great length that i was wrong and they have done nothing wrong.... Then the last paragraph simple says, As a gesture of good will and to put an end to the matter we have credited your account with £180.

B&S 0 - ME 1

[bluebottle]

Re: Baliff fees after debt as been paid to council

Just a quick update, i wrote to B&S out lining my objections and reasons that the amount owed was unfair, pointing out paper work not been filled out correctly etc, I got a letter back this morning telling me in great length that i was wrong and they have done nothing wrong.... Then the last paragraph simple says, As a gesture of good will and to put an end to the matter we have credited your account with £180.

B&S 0 - ME 1

That's their usual diatribe when they get caught. The bit I've highlighted in bold type should be interpreted as, "Okay. You've caught us bang to rights. We'll give you your money back."

Good on you.

[bizzybob]

Re: Baliff fees after debt as been paid to council

Bonkers and Stupid caught out again well done you :tinysmile_twink_t2:

[wales01man]

Re: Baliff fees after debt as been paid to council

What would the payout be if they were WRONG !

[bluebottle]

Re: Baliff fees after debt as been paid to council

What would the payout be if they were WRONG !

I have a feeling it could prove very expensive, Wales. Judges do not like bullying.

[Milo]

Re: Baliff fees after debt as been paid to council

Just a quick update, i wrote to B&S out lining my objections and reasons that the amount owed was unfair, pointing out paper work not been filled out correctly etc, I got a letter back this morning telling me in great length that i was wrong and they have done nothing wrong.... Then the last paragraph simple says, As a gesture of good will and to put an end to the matter we have credited your account with £180.

B&S 0 - ME 1

Hey...that's not a bad result. I would be interested to know ST's response.

We are still in the very early days of the new regulations (they only came in force on 6th April) and it would be very interesting indeed to read the response from B & S if for no other reason that the learn more on the enforcement companies 'interpretation'. If you are able to post a copy of their response (with personal information removed) that would certainly assist all on the forum.

[Guest]

Re: Baliff fees after debt as been paid to council

Hey...that's not a bad result. I would be interested to know ST's response.

We are still in the very early days of the new regulations (they only came in force on 6th April) and it would be very interesting indeed to read the response from B & S if for no other reason that the learn more on the enforcement companies 'interpretation'. If you are able to post a copy of their response (with personal information removed) that would certainly assist all on the forum.

I read this last night Milo. Like you, I'm a tad baffled as to why they've let the £180 go. The debtor paid 2 instalments directly to B&S which indicated an acceptance of the levy. As I'm sure you'll agree, "abandonment" would be a difficult road to go down, however 6 months is a long time with no contact. Maybe B&S have slipped up here by not returning or contacting the debtor since December?

I guess we'll all have to begrudgingly give B&S the benefit of the doubt here and accept that its a gesture of good will. Not wishing to tempt fate but post April 6th, the message boards have seen no posts regarding wrongdoings carried out by B&S or their agents. I know its very early days but its certainly a good sign.

[katscott]

Re: Baliff fees after debt as been paid to council

PDF Attached of the letter received.

Kat x x

[Guest]

Re: Baliff fees after debt as been paid to council

It's Chris Farmans handywork-I don't think he can write a letter without referring to the Evans v South Ribble case (which has no relevance to abandonment). He also uses the term "wrote" instead of "written" which is another tell tale sign.

Looks to me like they've shafted you with multiple levies & one or maybe two Head H fees. The 4th thumbnail also indicates they're charging 1st & 2nd visit fees to boot.

No wonder they're happy to let the £180 go. I'd say its B&S 1-You 0

PS-What case did you quote that Farman reckons is outdated?