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. #41
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    Default Re: Help with Bailiffs Please


  2. #42
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    Default Re: Help with Bailiffs Please

    the is no provision in legislation for these fees

    Bailiffs are governed by the distress for rent rules 1988 and regulation 10 clearly states
    Fees, Charges and Expenses


    10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

    Appendix 1 being regulation 45 (b) schedule 5 charges connected with distress

    card charge £1.00
    card charges£3.50
    girobook charge £5.82


  3. #43
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    Default Re: Help with Bailiffs Please

    Further to what HW has said above this is actually backed up by case law - Day v Davies 1938 1 All ER 686. The part of it being " for doingany act in relation (to a levy), other than those specified and authorised", this was handed down from the Court of Appeal.

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    New Bailiff Fees from 6 April 2014

    Initial Letter Fee = £75-00
    Enforcement Visit Fee = £235

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  4. #44
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    Default Re: Help with Bailiffs Please

    Quote Originally Posted by distressed diane View Post
    hi sorry i havnt been on for a while. i sent the letter to both rochdale council and to equita. i altered it a little i never heard anything back from equita but i got a phone callicon from thecomplaints manager today. he said that he has spoken to equita and wants to meet me on monday so we discuss the matter futher face to face. im hoping that this is a good sign and maybe i might get somewhere. i will keep you posted on monday so thanks for the help with the letter much appreiciated
    Bit late responding to this post, but very interested in what the next level of B.S the council had to offer on Monday.

    Any news?


  5. #45
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    Default Re: Help with Bailiffs Please

    hello all. sorry i havent been on here for a while but my pc wasnt working. firstly may i thank everyone for all your help and advice and for helping me with the letter to write. i met with the man from rochdale council and he got intouch with equita who have agreed to fefund all my fees that i was charged £394. in total they actualy called it a good will gesture. then i have been offered £85 not to persue it any further. i was going to leave it there as i didnt think i could go any further but the council tax guy told as i has taken out a loan back in september to pay them as they were harassing me that i may be able to ask them to pay my interesticon charges back as well.i will let yo know if i get it.
    the guy i met with said that he was glad that i got in touch as they only get to hear about things like this if people actualy make a complaint so again thanks for pointing me in the right direction x


  6. #46
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    Default Re: Help with Bailiffs Please

    Quote Originally Posted by distressed diane View Post
    hello all. sorry i havent been on here for a while but my pc wasnt working. firstly may i thank everyone for all your help and advice and for helping me with the letter to write. i met with the man from rochdale council and he got intouch with equita who have agreed to fefund all my fees that i was charged £394. in total they actualy called it a good will gesture. then i have been offered £85 not to persue it any further. i was going to leave it there as i didnt think i could go any further but the council tax guy told as i has taken out a loan back in september to pay them as they were harassing me that i may be able to ask them to pay my interesticon charges back as well.i will let yo know if i get it.
    the guy i met with said that he was glad that i got in touch as they only get to hear about things like this if people actualy make a complaint so again thanks for pointing me in the right direction x
    Let's hope that when the contract comes up for its periodic review, the council serve them with a Default Notice (the equivalent of a Yellow Card in football). Depending on the council's policy, if Equita collect too many of these in a given period of time, the council could revoke their contract.


  7. #47
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    Default Re: Help with Bailiffs Please

    In other words Equita have been caught out and this is not a 'good will gesture' it is an admission they tried to defraud you...£85 compensation for the time you spent having to correct their maladministration is Imho an insult. They should not have to be chased to pay interesticon and charges on the loan , they should be able to identify it was their actions that forced you to take out that loan.

    Well done on getting this far and I suspect you will be placed to hit their pockets hard?

    WD


  8. #48
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    Default Re: Help with Bailiffs Please

    Excellent!

    Well done for persisting.

    It seems like they're going out of their way to keep this under wraps by the way they're offering to buy you off.

    Keep us updated...


    EDIT:

    Good will gesture. Yeh right!

    They all try that psychological nonsense.

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  9. #49
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    Default Re: Help with Bailiffs Please

    WELL DONE YOU

    Tell him (the man from the council) you will not take any further action if council issue a form 5 against the bailiff(s) who charged you the levy fee and van attendance fee on the same day
    1) because he didn't leave a notice of seizure at the time of the levy (a legal requirement)
    2) because he charged a van/attendance fee on the same day as the levy (legislation does not allow this)

    the compensation payment is increased (£100/150)
    AL interesticon and charges on the loan paid in full


  10. #50
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    Default Re: Help with Bailiffs Please

    I second what Hallowitch has suggested with the proviso that any compensation should start at £500.

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    New Bailiff Fees from 6 April 2014

    Initial Letter Fee = £75-00
    Enforcement Visit Fee = £235

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  11. #51
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    Default Re: Help with Bailiffs Please

    Has this been reported to OFT Credit Fitness Team yet? They are likely to dance all over their heads for this.


  12. #52
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    Default Re: Help with Bailiffs Please

    interesticon paid an compensation as per hallow and ploddertom, i back the £500, and oldbill's suggestion of complaint to OFT about Credit fitness.

    The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!
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