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WWOW

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WWOW last won the day on June 23 2008

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  1. You can get your money back if you pay with a credit card, these have an insurance if the merchant commits a breach of contract and defrauds you with his fees. Send the bailiff a Subject Access Request enclosing a cheque for £10. Scan a copy of the cheque showing the cheque number, payee name and amount. Tweak as necessary For future reference, incase the bailiffs fail to comply with any of the six points in the request then you can reclaim the total amount paid to the bailiffs in the small claims track. Sign up of money claim online here: https://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jsp And in the particulars of claim, enter:
  2. Give a list of all fees charged and original debt the bailiff has given you. Or you can scan the document and post it here with your name & address hidden.
  3. If they still want money from you then give it to them, but you are not obliged to give it without prejudice. Form 4 him anyways - they were caught with their pants at half mast, you have an admission and you want compensation. Make something of it. The bailiffs did.
  4. You aren’t going to get instant results but you can make a start. Contact the bailiff to pay and collect your car. 1. Take someone with you to collect your car 2. Take a camera, pen & paper and a mobile phone. 3. When you arrive at the compound, ask your witness to write down anything the bailiff says to you. REMAIN CALM AT ALL TIMES. Don’t give anything away that you are about to put him in front of the judge and report him for fraud etc. 4. Pay with a credit card – NEVER question the fees but you MUST ask for a breakdown, if he refuses a breakdown then take down the name of the person giving refusal. Say NOTHING even if you know he’s overcharged you, charged a non prescribed fee or a credit card transaction fee. 5. When you reach your car, and before you get inside – photograph every scratch dent, scuff and mark, look at the wheels for clamp marks or from where it was towed or lifted. Take 40+ photos. If a bailiff objects to you taking pictures take his photograph and make a note of his objection. You will need this when reclaim the cost of repairs in the small claims track. 6. If a bailiff asks you to delete photos from your camera, say no! (the bailiff wiill be perverting the couse of justice) And make a note of his request. You need photos of damage to claim repairs from the authority that instructed the bailiff. Then write to the bailiff with a Letter Before Action asking for your costs including a rental car, taxi’s etc recovering your own car and plenty of other costs. I can knock up some letters for you along with a Particulars of Claim to file at court if needed. You need to make Form 4 complaint against the bailiff: Download the form from the HMCS website: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and in the Details of Complaint: - Tweak as required Send the form to the certificating court with a covering letter asking for it to be placed before a judge. Contact your credit card provider and do a chargeback under Section 75 of the Consumer Credit Act 1974 for the full amount you paid to the bailiff with your credit card using the grounds the bailiff placed you (the consumer) under unreasonable pressure to make a money transfer in favour of the merchant (the bailiff), and the merchant charged a fee that is not a staturory fee committing an offence under Section 2 of the Fraud Act 2006.
  5. 1. I dont know if the warrant (liability order?) has an end date, but in any event it has been satisfied so its not relevant. 2. Bailiff fees cannot be enforced using a liability order (warrant?) for the original debt. The bailiff needs to open a civil claim against you in the small claims track. I doubt they'll do this because their fees of £612 doesn't look right. 3. No, bailiffs fees are not on the liability order, only the unpaid debt (fine? what kind of fine?). If a bailiff gives you trouble then Form 4 him for defrauding you with his fees. If the liability order is satisfied then no fees are due.
  6. Did you find the help you were looking for? You have plenty of restitution. You need 1 letter to council, 1 small claims track Particulars of Claim against the council. 1 affidavit supporting the claim, and a Form 4 reporting the bailiff for defrauding you with his fees. You can reclaim the fees, deprivation of use of your car, costs for recovering your car and compensation.
  7. Send this to the council enclosing a payment of £33.00 Make your car safe. If a bailiff turns up at your house, hand this to him through an open window. NEVER open the door. NEVER confirm or admit your name and address. Tell him you can’t answer any questions.
  8. You are indicating Logbook Loans are fraughts with problems and doing business with them would be an unmitigated disaster. On what do you base that assertion?
  9. I would suggest looking into benefits and this will reclassify yourselves as a vulnerable group because you have young children. It looks like your cost of living is exceeding your earning ability. Make your car safe. If a bailiff turns up at your house, hand this to him through an open window. NEVER open the door. NEVER confirm or admit your name and address. Tell him you can’t answer any questions. Meanwhile send this letter to the council enclosing first installment (if due). Send the bailiff a Subject Access Request enclosing a cheque for £10. Scan a copy of the cheque showing the cheque number, payee name and amount. For future reference, incase the bailiffs fail to comply with any of the six points in the request then you can reclaim the total amount paid to the bailiffs in the small claims track. Sign up of money claim online here: https://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jsp And in the particulars of claim, enter:
  10. How much goods did they remove? There are removal companies that can move the entire contents of an apartment for less. Making house calls at 06:00 is being unreasonable. and their arithmetic doesn't look right either. They've defrauded you £217.91 plus £242.50. A total of £460.41. Make your car safe. If a bailiff turns up at your house, hand this to him through an open window. NEVER open the door. NEVER confirm or admit your name and address. Tell him you can’t answer any questions. Meanwhile send this letter to the council enclosing first installment (if due). Send the bailiff this letter. Its called a S.A.R - (Subject Access Request) tweak as necessary. Enclose a cheque for £10 & scan a copy of that cheque showing payee name, date and amount. They slip up and you have the bailiff with his underwear at half-mast. You can ask the court for a refund of fictitious fees by filing an official complaint against the bailiff by sending a Form 4 to his certificating court: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf In the Details of Complaint – tweak as necessary Send the form to the bailiff's certificating court with a covering letter asking for it to be placed before a judge. A bailiff defrauding you with fees in this way commits a criminal offence. Ask police to address the criminal element of this matter. Print a hard-copy of Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 from http://www.england-legislation.hmso.gov.uk/si/si1992/Uksi_19920613_en_14.htm and make a copy of the bailiff’s receipt showing the fees charged, and send them with the following letter to your local police station. Tweak as needed The police can be a bit funny with crimes like this. They may try to fob you off with excuses. Write down the police officers name & rank and quickly escalate your complaint to the Independent Police Complaints Commission. http://www.ipcc.gov.uk/index/contact-us.htm. If you still get nowhere with police then send the above two letters & enclosures to your MP. Ask why the police are protecting a bailiff after committing criminal offences in the course of his employ.
  11. LO is a Liability Order. Who is charging 4% for a debit card? the council or the bailiff? Bailiffs cannot charge this fee because it hasn't been prescibed. If its the Council then you can ask the Local Government Ombudsman for a refund because the council cant account for it as an actual physical loss for accepting a debit card payment. Its usually £1 per transaction regardless of the amount. I'm going by your earlier comment the money comes direct from a bank account and this is not a credit card. If you are paying a bailiff then use a credit card, he'll charge you a credit card processing fee and that's a breach of contract. You can claim it all back after the bailiff has paid the council.
  12. Keeksta1976, its not clear what you want to do. How much fees have you been charged & do you have documentary evidence? How much (by exact count) council tax is owing. Did you sign anyting y/n and did they actually go inside your home y/n. Your debt or your mum's debt? (name on LO). A debit card transaction is not regulated by the Consumer Credit Act 1974 and thus, not eligble for a refund under Section 75 of the Act.
  13. Officially LBL is bona fide and can legitimately trade in consumer credit according to the Consumer Credit Act. It cannot be considered a shark or to be trading in unlicensed consumer credit. This is nothing about avoiding liability for a debt. Anyone is at liberty to dispose of their goods provided they are the lawful owner. Funnily enough I just visited LBL's website and my firewall went completely nuts saying the website is trying to download a virus. Maybe I misjudged them.
  14. That’s good enough, you can make lots of noise with that and potentially make a few quid in it for yourself. Classylady18, you can do the same. Start by writing to the bailiff asking for a refund: Tweak as required If you don’t get a positive result from the bailiff, complete a Form 4 and file a complaint against the bailiff asking for a refund and compensation. http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf In the Details of Complaint – Tweak as required. Send the form to the certificating court along with a covering letter asking for it to be placed before a judge. The council is liable for its bailiffs, ask the council for a refund and compensation for receiving their bailiff defrauding you with bogus fees. Unless the council pays you, quickly file a claim for £5000 in the small claims track. https://www.moneyclaim.gov.uk/csmco2/index.jsp In the Particulars of Claim: A bailiff defrauding you with fees in this way commits a criminal offence. Ask police to address the criminal element of this matter. Print a hard-copy of Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 from http://www.england-legislation.hmso.gov.uk/si/si1992/Uksi_19920613_en_14.htm and make a copy of the bailiff’s receipt showing the fees charged, and send them with the following letter to your local police station. Tweak as needed The police can be a bit funny with crimes like this. They may try to fob you off with excuses. Write down the police officers name & rank and quickly escalate your complaint to the Independent Police Complaints Commission. http://www.ipcc.gov.uk/index/contact-us.htm. If you still get nowhere with police then send all the two letters & enclosures to your MP. Ask why the police are protecting a bailiff after committing criminal offences in the course of his employ.
  15. 1. Give a list of all fee amounts and descriptions as given by the bailiff 2. Who is the debtor 3. How much council tax is due - if any
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