Getting information from Bailiff Companies to Challenge Fees Levied

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If you have been overcharged on fees by a Bailiff Company, you can claim unfair charges back.

Before making a claim against a bailiff company for fees/charges the debt must have been settled before your claim is bought.

You need to make sure you have the following information;

1) original paperwork left by the Bailiff

2) receipt for any payments

3) documents from the bailiff company showing charges & visits.

4) correspondance from and to the bailiff company.

Types of bailiffs and their fees can be found at http://www.consumeractiongroup.co.uk...heir-fees.html

The process and time frame for claiming back fees is about 60 days. Many Company's do settle prior to court!

You cannot claim these fees back until the debt is paid in full.

To get all the information held on you you should send a Subject Access Request under the Data Protection Act.

A Company has 40 days in which to reply to your request.

The bailiff company should provide you with a computer printout of dates and times and visits, as well as the charges added to your account, and list of transactions.



SUBJECT ACCESS REQUEST following Bailiff Visit - for querying Fees

Your Address


DATE


Data Protection Officer
Bailiff Company
Address




Dear Sir or Madam
Subject Access Request under the Data Protection Act 1998
Their REFERENCE.

Please supply a full set of your paper & computer records connected in any way with your Company’s recent visit.

As part of this request please include an itemised account of the charges that were levied against me, the dates and times of visits and a copy of any receipts accordingly.

Additionally I would appreciate if you could include the Bailiffs name that attended and which court he is Certificated at.

I would be grateful if you would ensure all efforts are made to fully comply within the prescribed period of 40 days.

I enclose the statutory maximum fee of £10.

Yours sincerely,

Your Name

SEND ALL CORRESPONDENCE BY RECORDED OR REGISTERED DELIVERY AND KEEP ALL ENVELOPES CONTAINING INFORMATION RECEIVED.

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Once the Bailiff Company receives your request they have 40 days in which to respond in accordance of the Data Protection Act.

On occassion, you may receive a re typed summary of dates.times, charges etc. This is not complying with the Data Protection Act and is not the information you require. If you receive anything less than copies of original.


This link gives some further guidelines
http://www.ico.gov.uk/upload/documen...or mation.pdf

10 Prepare the response
A copy of the information should be supplied in a permanent form except where the individual agrees or where it is impossible or would involve undue effort. This could include very significant cost or time taken to provide the information in hard copy form. An alternative would be to allow the individual to view the information on screen. You have 40 calendar days to comply with the request starting from when you receive all the information necessary to deal with the request and any fee that is required. Individuals can complain to the Information Commissioners Office or apply to a court if you do not respond within this time limit.

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A second letter can be sent if they do not comply within the 40 days limit, stating you know your rights, they have failed to comply correctly to the Subject Access request accordingly and you are giving a further 7 days only to comply within guidelines, before filing against them in court with no further notice.


You should also file a complaint at the Information Commissioners Office Complaints form - http://www.ico.gov.uk/upload/documen...nt s_form.pdf