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.

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  1. #1
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    Default JBW bailiff forced me to pay - can I do anything

    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.


  2. #2
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    Default Re: JBW bailiff forced me to pay - can I do anything

    This is story repeated every working day. Early morning call (steel capped shoes kicking the door?), Bailiffs have adopted the unlawful assumption that they can flash a PDF copy of 'warrant' that was recently typed out in their office on commercial software.

    Its a con. There is no legislation that allows this.

    There is legislation that requires the local authority to print a warrant within 7 days of its authorisation by Traffic Enforcement Centre, but if that had happened the bailiff would have brought a copy with him.

    Jail? Another con by an shameless idiot who has absolutely no authority at all in this respect


  3. #3
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    Default Re: JBW bailiff forced me to pay - can I do anything

    disgusting

    do this:

    http://whatconsumer.co.uk/visa-debit-chargeback/

    he paid under duress

    dx

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  4. #4
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    Default Re: JBW bailiff forced me to pay - can I do anything

    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?


  5. #5
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    Default Re: JBW bailiff forced me to pay - can I do anything

    erm...read the link?

    phone the card provider

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
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    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


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  6. #6
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    Default Re: JBW bailiff forced me to pay - can I do anything

    Also get a complaint off to the council that issued the pcnicon and JBW. They should have left the premises as soon as they had realised that the debtor did not understand English. Disgraceful behaviour JBW, sort your bailiffs out!!!


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    Default Re: JBW bailiff forced me to pay - can I do anything

    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.


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    Default Re: JBW bailiff forced me to pay - can I do anything

    No, you need to write a formal complaint to the parking services of the council, and to the CEO of JBW.


  9. #9
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    Default Re: JBW bailiff forced me to pay - can I do anything

    A form 4 complaint dosnt need to be done yet.


  10. #10
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    Default Re: JBW bailiff forced me to pay - can I do anything

    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 templateicon 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 callicon 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 claimsicon 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


  11. #11
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    Default Re: JBW bailiff forced me to pay - can I do anything

    Seriously, no comments at all?


  12. #12
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    Default Re: JBW bailiff forced me to pay - can I do anything

    have you sent it?


  13. #13
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    Default Re: JBW bailiff forced me to pay - can I do anything

    you need to mention about the vulnerable status from the National standards of enforcement.

    http://webarchive.nationalarchives.g...t/agents02.htm


  14. #14
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    Default Re: JBW bailiff forced me to pay - can I do anything

    Honestly I wanted some feedback before sending it, I deleted the last part of it anyway. Will send it tomorrow regardless. Cheers


  15. #15
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    Default Re: JBW bailiff forced me to pay - can I do anything

    Make sure you send a copy to JBW


  16. #16
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    Default Re: JBW bailiff forced me to pay - can I do anything

    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


  17. #17
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    Default Re: JBW bailiff forced me to pay - can I do anything

    Can you explain please


  18. #18
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    Default Re: JBW bailiff forced me to pay - can I do anything

    Claitero. I did respond and did not receive any response from you. It is hardly an encouragement for me to offer my knowledge and time freely to assist people who appear to place no value on what I say.


  19. #19
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    Default Re: JBW bailiff forced me to pay - can I do anything

    and no appreciation for my effort....


  20. #20
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    Default Re: JBW bailiff forced me to pay - can I do anything

    Aww I appreciate you parky



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