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Claitero

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  1. Really think this is the right moment for comments like this? If I was a lawyer I wouldn't ask for help like this would you imagine
  2. Honestly I wanted some feedback before sending it, I deleted the last part of it anyway. Will send it tomorrow regardless. Cheers
  3. I sent a letter to the bank demanding Chargeback form, will see what they say. Here is what I conceived as a letter of complaint. I would very much appreciate any help with wording as parts of the document I took from a template and parts of it wrote myself. Any suggestion greatly appreciated. Haringey Council Parking Service P.O. Box 4789 Worthing BN11 9QA Dear Sir/Madam JBW Ref: Client ref: Visit by your bailiff on Formal Complaint Stage 1 I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs. I therefore ask you to deliver to me at the above address a full refund of of £573.04 within seven days from the date of this letter. I have all reasons to believe that the bailiffs behaviour was disgraceful and regard the whole process as fraudulent. Please allow me to present you with the circumstances we experienced: The bailiff came in early in the morning at 7:20AM He was invited inside the house as we did not suspect any such visit. We never received any letter or any information of a possible bailiff action. I do not speak fluent English and therefore had to call my under-age daughter to interpret. The bailiff was acting rude aggressive and abusive towards me and my family during his whole visit. He was threatening me with removal of vehicle, goods from inside the house and jail sentence towards myself. Please bear in mind my wife and 16yo and 3yo daughters were present the whole time. Despite several attempts he refused to pay another visit, delay payment or allow instalments. He threatened us with a phone call which we believe was fake for a removal vehicle. After all this with all my family thoroughly shaken and the bailiff refusing to leave the premisses I was left with no other choice then pay. I am a father of two and the only working person in the family and as such I did not have anything close to the amount and had to pay using credit card causing another debt. At no time I was presented with Warrant of Execution which I believe is necessary for a bailiff to undertake any action. Apart of all this I have reasons to believe there is several inaccuracies in the Notice of Seizure I was issued: There is no entitlement for your bailiff to charge me a fee for Levy fee because I paid the bailiff when he attended. There is no entitlement for your bailiff to charge “Other” fee because the law does not provide for any fee of that description. Charging these fees only is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 and anyone receiving or benefiting from the proceeds of a crime may be subject to a criminal investigation. I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. While I am quite sure the council did not intend to contract a firm of tricksters who have been found defrauding a member of the public in this way, I would be grateful if we can settle this matter quickly and quietly by refunding me within the next seven days. They may be bailiffs but that does not make them less liable than any other public service contractor, e.g. a plumber. However, a bailiff is in a position of trust and in abusing that position they commit an offence under Section 4 of the Fraud Act 2006. For the avoidance of doubt, that in your failure to furnish me with a refund within seven days, I will automatically file a claim in the small claims track without writing further and this will invariably involve an application for costs, and I'll inform the LGO that you the council is aware that a contractor working under your instruction is engaging in criminal activity by defrauding memebers of the public. If you wish to start an investigation of your own, please be advised that in the absence of a refund this doesn't delay legal proceedings or filing a criminal complaint with a police authority. This document is a notice of intended proceedings and delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and it’s in your own interests this letter is handed to the relevant person within your organisation. Yours Faithfully
  4. Do I need to fill form 4 or soomething? Will there be no consequences after the chargeback? I'm sending letter to the bank now.
  5. Hi, thanks for the answers. I heard about the chargeback process but never actually went across. What steps should I take to make it happen? Do I need to contact the police? Can I do it online or on the phone?
  6. A couple of weeks ago a JBW bailiff visited my friend around 7:20 in the morning saying he had a warrant for some unpaid parking penalty. Without asking permission he entered the flat. As my friend doesn't speak english too well and was not aware of the situation he let the bailiff in and called his 16 years old daughter to interpret. The bailiff demanded instant payment of £400 - £700 in different moments of conversation. He was not willing to deal in any way, refused to leave and kept on asking for payment. Asked if he can come another time he said no. Asked for instalments he refused as well and threatened the family that he will take away the car or he will put my friend to jail. The whole situation lasted around 40 minutes within his wife, 16yo and 3yo daughters was present. They started crying and stuff and eventually my friend was forced to pay £570 with his credit card on the spot. He only showed the warrant on his mobile device and never left any copy of it. He left hand written notice of seizure and a receipt only. We read different sources and we are sure he breached his competence. Now we do not really know where to start and what to do.
  7. Yeah, I know all this... Anything can do in the meantime?
  8. Yeah, you may be right, when filling an out of time, it's a kind of idea Still I need two more weeks before I come back to the UK and can get it all sworn. I'm afraid my wife might get some bailiff in the meantime... There is my vehicle on the driveway... Thanks
  9. Thanks Sailor, if you read the thread from the beginning you would know I never received one. From my previous experience, there is no part of NtO asking you to provide drivers details, what I've written was a kind of cold call if you may call it Thanks
  10. Yes, the address is correct and I had another ticket I paid to the bailiffs. A friend of mine was driving the van from time to time and this is where all the tickets come from... I kept on passing them over to him but now it seems as I have to deal with it myself before I get more bailiffs.
  11. Thanks Jamberson I hope so too. It would be ideal if we could make the driver responsible...
  12. No, sorry I'm completely confusing them all... I didn't know which form I should fill just to get the time extended. I received the letter when I was already abroad. I sent a letter to the TEC saying that I need more time as I'm abroad and can't get anything sworn... They sent me back with this. I still don't know what to do to extend the time. I will be back in UK on the 13th only...
  13. What can I do about it from abroad? My wife went to local solicitors with the forms printed off the internet but they told her I have to be there myself.
  14. This was for a box junction. They did not respond to my letter and then sent charge certificate late. It was dated 13th of March and somehow I received it on 9th April. I filled the Pe3 form I think and this was returned.
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