Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default can baliffs charge £230 for 1 visit????

    help please anyone. i had a £197 parking fineicon from Davies enforcement and they just hand delivered a baliff 'notice prior to removal of goods' saying i needed to pay £427.88. Is this fair?? ive been working away from home on a gap year and cant afford to pay it. is there anything i can do?please help!


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    Default Re: can baliffs charge £230 for 1 visit????

    Can we have a bit more info ?
    How did you come about the "fine" ?
    Where were you parked? (dont give out personal info!) ?
    How did it get into the hands of a "bailifficon" ?
    With this info i am sure someone will be along to advise soon.

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    Default Re: can baliffs charge £230 for 1 visit????

    Were you parked on public or private property?
    Debt Basics - bailiff Guide - know your rights

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    Default Re: can baliffs charge £230 for 1 visit????

    Moving thread into the bailiffsicon Forum.

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  5. #5
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    Default Re: can baliffs charge £230 for 1 visit????

    If you were parked on private land then you would have been wheel-clamped, and the law doesnt set maximum rates for relreasing a wheel-clamp. They must have permission of the landowner to trade in parking enforcement on his land.

    If you are dealing with a pcnicon issued by a local authority then the penalty charge and bailiff's enforcement fees are prescribed in legislation. Your figure of £427.88 doesnt look right to me. A parking tickets expert might be able to help you on appealing against the ticket if you think you might have grounds.

    The law prescribing bailiffsicon fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated bailiffsicon)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides:

    Letter Fee £11.20. If letter arrives after first visit is made then £0.00
    Levying Distress up to £100 (excluding bailiffsicon fees but including court fees) - £28
    More than £100 - 28% for the first £200 then 5.5% on everything over £200.
    If no levy is made then bailiffs can charge fees for a maximum of three visits.
    Multiple fees cannot be charged for simultaenous unpaid ticket collections.

    The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00 In the case of Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no Breakdownicon of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

    The law does not provide for bailiffs to charge you a fee to fix or remove a wheelclamp to your vehicle - Culligan vs. Marstons Group Ltd et-al case No 8CL51015. More
    Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for defrauding you with his fees. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/c...form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the bailiffs fees he is trying to charge and any amounts paid.


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    Default Re: can baliffs charge £230 for 1 visit????

    Thanks for the responses..just had a hectic morning of navigating my way through TE7 and TE9

    it was a pcnicon from london borough of southwark. i haven't been clamped but the letter states if he calls again i have to pay £662. i havent paid but should i rely on my stat dec being accepted? should i just beg/borrow money to pay and then try and get it back?

    thanks loads in advance


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    Default Re: can baliffs charge £230 for 1 visit????

    Quote Originally Posted by apple8 View Post
    should i just beg/borrow money to pay and then try and get it back?
    NO! Do not part with any cash, because you will not get it back. Hopefully someone who has more knowledge in this field will be able to direct you better, but please don't give them any money

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    Default HELP!are Bailiff charges of £242.88 allowed??

    I came home from working away as a live in carer to a parking fineicon ticket that had been passed on to bailifs.

    the fine was £185 and charges for warrant of executionicon were £242. i asked for a Breakdown and proof of certification of the bailif and the co have replied giving the court of certification and saying the charges are legal and just under the enforcement of road traffic debts (certificatedicon bailifs) (amendmenticon) regulations 2003

    I filed an Out of Time late Statutory Declaration, which has just been refused and i dont know what to do now. I am a student doing medicine so have no way of earning this sort of money. can anyone help me??

    thank you


  9. #9
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    Default Re: HELP!are Bailiff charges of £242.88 allowed??

    Is this the same fine as on your other thread or a different one?

    Here

    Also you should check whether or not the bailifficon is certificatedicon.


    Bailiff Register


    enamae



    Please note: I have no qualifications in this area and any advice offered is given in good faith.


    http://www.financial-ombudsman.org.u.../40_setoff.htm

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    Default Re: HELP!are Bailiff charges of £242.88 allowed??

    yes its the same fine. i have been waiting to hear back about the stat dec form. i checked the bailifficon register and the info they sent matches, he is certificatedicon. but the first letter he left said if he made a 2nd visit the total charged would go from 427.88 to 662.48. thanks for the reply.


  11. #11
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    Default Re: HELP!are Bailiff charges of £242.88 allowed??

    If an oujt of time has been refused I am under the impression the fine goes back t the original amount that you were fined? SO if this is the case I wouold pay it now before the bailiffsicon get it back


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    Default Re: HELP!are Bailiff charges of £242.88 allowed??

    no i cant pay, it the pcnicon number is invalid. i thought if the out of time was refused you were just back where you started with the bailiffsicon?!

    i can pay the pcn and bailifficon charges of 11.20 for a letter and 28% for the over £100 fine. but in no way does this amount acrue to £427.88 (should be £251.14?). how do i pay what i owe and bring to attention these unfair charges (if they are defs unfair and i haven't missed something)... anybody??


  13. #13
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    Default Re: can baliffs charge £230 for 1 visit????

    Two threads merged.

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE