Claiming excessive High Court Baliff fees back

[ploddertom]

Re: Claiming excessive High Court Baliff fees back

As said previously the company probably don't have your account details anymore - they can dispose of them after 6 years. Is the company still in existence, some have ceased trading, some have been taken over and some are reduced drastically in size? Is the attending officer still working within the industry? I suspect I know where you have read a lot of this and suggest that you take what was said with a pinch of salt as what they know can be written on a pinhead & it is mostly wrong anyway.

[wales01man]

Re: Claiming excessive High Court Baliff fees back

Would hazard a guess they will not be worrying to much about it sorry to say but good luck

[BobInEssex]

Re: Claiming excessive High Court Baliff fees back

They still exist, and are still very promenent in the business. I bet computer records tend to get left on whatever they were stored on. I've got all the correspondence and e-mails in paper form still, so I can produce it And a scrappy receipt written on what isn't much more than a piece of toilet paper !!

[R0b]

Re: Claiming excessive High Court Baliff fees back

The 6 year limitation period does not apply just to debt, it applies to almost all contracts with a few exceptions. Fraudulent misrepresentation, tort of deceit are both civil claims with a time limit of 6 years more likely in your case from the date of the money being paid.

If you are going down the criminal route, as pointed out, the burden of proof is much harder than civil and the action will be against the company itself rather than any specific person. Also bearing in mind that a private prosecution has the potential to be costly and expensive.

Police are unlikely to allocate their time and resources to this matter and say it's a civil issue, which as we say is likely to be statute barred. The only way you could argue that a civil claim is not time barred will be to say that the cause of action began to accrue at the time you discovered the fraud, which you would probably have to argue is the time after which you conducted your due diligence, whatever that may be (fraud, concealment and mistake have a cause of action which arises when you became aware of it not when it occurred)

Either way a civil claim would be difficult and a private criminal claim would be even more difficult

[BobInEssex]

Re: Claiming excessive High Court Baliff fees back

Thanks for the reply. I'll take it on board, and then consider my action plan.

[Milo]

Re: Claiming excessive High Court Baliff fees back

I just seen suggestions that claiming it back can now be done much easier and virtually no cost.

I would disagree with this comment.

If a claim was brought against any High Court Enforcement Company I would expect any one of them to oppose any claim given that the regulations in place at the time that these fees had been charged, specifically provided that bailiffs fees must be subject to Detailed Assessment.

Which company are your considering making your claim against?

[BobInEssex]

Re: Claiming excessive High Court Baliff fees back

Detailed assement? Bring it on. There is no way on earth that this extra charge is legitimate. They visited my house once, and never got entrance. Then came again after the amount had been paid in FULL, and forceably entered. They had ample opportunities to submit an itemised account, and I have documentation to show they weren't prepared to do this.

[Milo]

Re: Claiming excessive High Court Baliff fees back

Detailed assement? Bring it on. There is no way on earth that this extra charge is legitimate. They visited my house once, and never got entrance. Then came again after the amount had been paid in FULL, and forceably entered. They had ample opportunities to submit an itemised account, and I have documentation to show they weren't prepared to do this.

If as you say, there is no cost in bringing a legal claim then you may as well give it a try. I assume that it is a Detailed Assessment that you will be looking at. Such an application will need to be made to the High Court.

Are you intending to represent yourself?

[ploddertom]

Re: Claiming excessive High Court Baliff fees back

Detailed Assessment needs to be done very carefully and you need to be sure of your facts as losing can mean a very substantial costs order against you.

[bizzybob]

Re: Claiming excessive High Court Baliff fees back

The fact is the reclaiming of these fees is cruising between Jack and horse poo, and Jack has left town, your position has been indicated by Ploddertom Walesman and Milo quite adequately.