I will sue bailiffs in Small Claims Court

[Rinky Dink]

Hi

I was Bailiffed when I didnt pay fines. They forced their way in.

I didnt like their attitude but had to pay there fees under protest.

I decided to sue them to return there fees. Does any body have experience of doing this.
?

Rinky Dink

[10110001]

Yes, I had a bailiff when my g/f had a ticket bailiff in 2006. He booted the fire escape of my flat.

1. Who was the creditor? parking fine? council tax?
2. Did the bailiff breach any of these?
3. How much did he charge you? Were you overcharged?
4. Did you pay with a credit card?
5. How much was the original debt?
6, Forced their way in? were you a victim of a breakin?
7. Is the debt valid? any more info would be useful.

[Rinky Dink]

Thanks. It was for an unpaid speeding fine. I'll get the full details later. He charhed a "van fee" though there was no van and I paid by credit card.

Ive just read your link on credit cards. It sounds good. Is that guaranteed?

[10110001]

Originally Posted by Rinky Dink

Thanks. It was for an unpaid speeding fine. I'll get the full details later. He charhed a "van fee" though there was no van and I paid by credit card.

Ive just read your link on credit cards. It sounds good. Is that guaranteed?

No guarantees.

If you have been defrauded by a bailiff by overcharging you with fees then you can file a complaint against the bailiff.

Defrauding a consumer is a criminal offence. Go to a police station and report that you have been defrauded by a bailiff under Section 15A(1) of the Theft Act 1968 (for offences before January 2007) or Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006. Take evidence including the bailiff’s receipt, printout of the relevant fee schedule and the law including Section 10 of the Distress for Rent Rules 1988. If the police fob you off with the - it’s a civil matter – excuse or say it doesn’t fit the criteria to be considered for criminal prosecution, then get the name of the officer and file a complaint of misfeasance with the IPCC.

[Rinky Dink]

Sounds good. Did you do this yourself?

What's the SP on the Van Fee? Isn't this allowed?

[Rinky Dink]

Also he forced his way in. I opened the door and he pushed passed. I thought this was illegal but have been told it is now legal following the Domestic Violence Bill but I dont see how thats revelent

[Rinky Dink]

How is the Distree for rent rules revelent when I was Bailiffed for non payment of a speeding fine?

[10110001]

Originally Posted by Rinky Dink

Also he forced his way in. I opened the door and he pushed passed. I thought this was illegal but have been told it is now legal following the Domestic Violence Bill but I dont see how thats revelent

I think this could have been a magistrates court fine and thus, Section 27 of Domestic Violence, Crime and Victims Act 2004 protects bailiffs from criminal liability when using violence to obtain money from a debtor.

Originally Posted by Rinky Dink

Sounds good. Did you do this yourself?

Yes, I made the council pay for the damage to my flat, there is a personal Injury claim ongoing, and the bailiff was arrested under section 15A(1) of the Theft Act 1968.

I got the money back with a chargeback, the bailiff charged a fee what wasn't prescribed - an £8 credit card fee.

Originally Posted by Rinky Dink

What's the SP on the Van Fee? Isn't this allowed?

He has charged you a fee that's not precribed, its fraud. File a complaint but bear in mind that magistrates have their own rules on setting fee schedules.

Originally Posted by Rinky Dink

How is the Distree for rent rules revelent when I was Bailiffed for non payment of a speeding fine?

Probably none if the bailiff was ordered by a magistrate. If this was a parking ticket then you're laughing.

[Rinky Dink]

Oh yes He had a warrant from the magistrates. I havent got all the papers now but the card fee was only 60p or something small. The van fee was £100.

Maybe this will not be quite so easy.

[Screw The Bailiff]

write to the magistrates court and do a Freedom of Information Act and get their fee schedule they issue to their bailiffs. No van fee then just do a chargeback on the whole lot.

[Rinky Dink]

Ill do that but there was no van. He was in the house and said there was a van fee because I didnt immediateley pay him. He said there was a van fee because he had started to note down 2 or 3 things in the house but he was in a car not a van.

How can he do that?

What about the 60p credit card fee? Is that too small to get him on a tecchnicality

[10110001]

Originally Posted by Rinky Dink

Ill do that but there was no van. He was in the house and said there was a van fee because I didnt immediateley pay him. He said there was a van fee because he had started to note down 2 or 3 things in the house but he was in a car not a van.

I think he is trying to charge you a walking possession fee. He can only charge this if you signed a Walking Possessions Agreement.

Did you sign anything, or trick you into signing a receipt confirming payment - and it was actually a WPA?

Letting him in was a BIG mistake, if you didnt pay then he could have returned and you would have found you house broken into.

I'd just stick him in front of the judge for fraud. Quote the law & throw everything at it.

Originally Posted by Rinky Dink

How can he do that?

Because you're none-the-wiser and he took advantage of that.

Originally Posted by Rinky Dink

What about the 60p credit card fee? Is that too small to get him on a tecchnicality

That suggested you paid by debit card and not a credit card. The law doesn't set minimums when defining a fraud. It can be 1p, and in any event the fee is not prescribed.

[Rinky Dink]

He forced his way in when I opened the door by putting his foot in it. His firm argues that he could have broken down the door anyway because of the Domestic Violence Bill which applies to speeding fines but not if its a private debt.

Is that true?

I didnt sign any walking possession but I paid the full biull fien + his fees by credit card

It was a credit card surcharge but was still quite small. I will write to the court to ask about these things.

[chris600uk]

AFAIUI although the bill is in force the bits that bailiffs could use are not.

I seem to recall tomtubby commenting on that in a previous post somewhere.

[10110001]

Originally Posted by Rinky Dink

He forced his way in when I opened the door by putting his foot in it.

Putting his foot into a door to stop you closing it is called passing the threshold and bailiffs consider it peaceful entry.

Originally Posted by Rinky Dink

His firm argues that he could have broken down the door anyway because of the Domestic Violence Bill which applies to speeding fines but not if its a private debt.

Breaking & entering and burglary is not allowed unless the magistrate authorises it - rare. If the bailiff says otherwise then ask to see the signed order to break in. You can make a Form 4 complaint against the bailiff for making a factual error, & the bailiff could be breaking and entering homes en-masse and defrauding debtors routinely and systematically.

He is correct that the Domestic Violence, Crime and Victims Act 2004 applies to magistrates court fines, Its Section 27 but it only provides immunity from criminal liability, it does not protect a bailiff from a civil claim for damage to property or personal injury.

Originally Posted by Rinky Dink

I didnt sign any walking possession but I paid the full biull fien + his fees by credit card

It was a credit card surcharge but was still quite small. I will write to the court to ask about these things.

Just file a form 4 complaint & let the bailiff explain his fees. More you add on the form the better.

[PizzaMaker]

Originally Posted by Rinky Dink

Ill do that but there was no van. He was in the house and said there was a van fee because I didnt immediateley pay him. He said there was a van fee because he had started to note down 2 or 3 things in the house but he was in a car not a van.

How can he do that?

What about the 60p credit card fee? Is that too small to get him on a tecchnicality

Sorry, but i can not see how you have been charged 60p credit card. How much did you pay in total? Even if it was £100, you would still have a credit card fee of £3.

[Rinky Dink]

Originally Posted by PizzaMaker

Sorry, but i can not see how you have been charged 60p credit card. How much did you pay in total? Even if it was £100, you would still have a credit card fee of £3.

The total was £415 + only £1 for the credit card fee. I dont know why I thought 60p.

£165 of that was fine.

[peterlucas]

You can complain about a baliff on the grounds they are

"aggressive, rude, threatening or intimidating"