Can I withhold payment whist in dispute?

[Givuzagame]

If I have submitted an Subject Access Request to a bailiff re overcharge does the same ruling apply as with DCA that it cannot be pursued further whilst in dispute?

Or are the charges classed as separate from the original debt?

What if the balance owing is now only made up from excessive overcharge?

Sending out 2 x Subject Access Request for 2 separate issues both overcharged, just wondered where I stood on this whilst haggling....

[Givuzagame]

If I have submitted an Subject Access Request to a bailiff re overcharge does the same ruling apply as with DCA that it cannot be pursued further whilst in dispute?

Or are the charges classed as separate from the original debt?

What if the balance owing is now only made up from excessive overcharge?

Sending out 2 x Subject Access Request for 2 separate issues both overcharged, just wondered where I stood on this whilst haggling....

[Screw The Bailiff]

Sending a S.A.R doesnt stop enforcement. Whats the debt? parking ticket? council tax? cant really advise on the information you've supplied.

Theres no haggling with bailiffs fees, they are prescribed in law and he overcharges you then he's committed a criminal offence. Heres the list of prescribed fees bailiffs can lawfully charge. Calculate what they should be and see how much you have been overcharged.

If you have been overcharged by a bailiff then you have plenty of restitution, send him a letter based on this template, and use this template to send a letter to the authority that instruced the bailiff.

Also check the bailiffs credentials - report back if you find an irregularity.

Keep us posted

[Givuzagame]

Business council tax.
Will now check your prescribed fees - thanks!

[Givuzagame]

Originally Posted by Screw The Bailiff

Sending a S.A.R doesnt stop enforcement. Whats the debt? parking ticket? council tax? cant really advise on the information you've supplied.

Theres no haggling with bailiffs fees, they are prescribed in law and he overcharges you then he's committed a criminal offence. Heres the list of prescribed fees bailiffs can lawfully charge. Calculate what they should be and see how much you have been overcharged.

If you have been overcharged by a bailiff then you have plenty of restitution, send him a letter based on this template, and use this template to send a letter to the authority that instruced the bailiff.

Also check the bailiffs credentials - report back if you find an irregularity.

Keep us posted

Why do your links advertise bailiff companies?

[PizzaMaker]

Originally Posted by Givuzagame

Why do your links advertise bailiff companies?

Where is that then?

[Screw The Bailiff]

because its bailiffs that pay me to bring you my advice on how to screw bailiffs.

[tomtubby]

Givuzagame

Thank you for your PM last night with the name of the bailiff. It is a shame that this was not provided before as it could have changed this matter.

I do have this bailiff.......but working or somebody else.

There are strict rules on this which I am posting below. In addition is the small matter of the Bailiff's Bond which is for £10,000. this is CANCELLED when he leaves his previous employer.

The Distress for Rent Rules 1988 cover Bailiff Certification and the following is from an Amendement to these rules.


Amendments to Distress for Rent Rules 1988
4. In the Principal Rules:

12. After rule 7 there shall be inserted:
“Change of bailiff's name, address, etc
7A. - (1) In this rule "relevant details" means a bailiff's name, address or other written information appearing on the certificate.

(2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate ("the old certificate") to the court officer of the issuing county court.

(3) When a bailiff gives notice and produces the old certificate in accordance with paragraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate.

(4) When a replacement certificate is issued in accordance with paragraph (3) above, the court officer shall retain and cancel the old certificate.

(5) No fee shall be payable for the issue of a replacement certificate in accordance with this rule.”

[Givuzagame]

So does this mean he isn't currently certified?

How does this affect my claim if at all?

Has he acted illegally?

I will send you a PM to clarify info on this.

Thanks Gx

[The Watcher]

If he has changed employment and not updated his Certificate then he is unauthorised to work at all !

[Givuzagame]

Thanks.

Phoned and checked this out, he is legit, so posting form 4.

Thanks all.
Gx

[Screw The Bailiff]

Before you go with that Form 4, try not to be too hasty, have ducks in a row before shooting. Look through this checklist of grounds and see if you can strenghten the complaint.