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    • Quick update. I've now recieved a letter before action from them with a form to return enclosed, still no credit agreement however. I assume just a case of following the other thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
    • HI all, This is done now. My daughter and her fella are currently in the process of remortgaging so they just paid it out of panic. Thank you anyway DX
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Bailiffs charges - how much is 'reasonable'?


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When you get a notice in writing saying you owe £120 for example, how much can the bailiff charge for calling round? They have added on £200 for me. This doesn't seem to be in the 2003 act, or on the bailiffs list of fees.

 

Can anyone help, thankyou. M.

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how much is 'reasonable'?

 

It has to be a countable actual cost.

 

Bailiffs cannot make a gain for themselves by charging anything as "costs".

 

You can ask for breakdown of reasonable costs.

 

If the bailiff wants to charge a fee under a pretence it is accessing personal data in the meaning of the Data Protection Act 1998 then you can interpret that as the bailiff is unable or unwilling to show its reasonable costs.

 

If you receive no breakdown of reasonable costs the you have no liability to pay those costs.

 

The only bailiffs fees you will have to pay are statutory fees, 28% of the ticket, and if applies, £11.20 letter fee.

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hi, ty for the replies folks. so in this case, the letter asking for £125 was about right as the council wanted 90 as i stupidly and very regretably overlooked it. i then asked the bailiffs office for a month to pay as i was overdrawn. they refused and upped it to 150. then without notice the bailiff took over and the next day it was suddenly closer to 400!!

 

how can this be justified legally? what reasonable extra fees can they charge eg for a visit and hand delivering a 'removal' letter?

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The law provides £11.20 for a letter. Only one letter fee can be charged.

 

Then its 28% on the PCN each time he visits you (max 3 visits). If no goods of yours have been moved in a van to be auctioned, then the bailiff cannot possibly have any reasonable costs for using his van or apply any other charges.

 

The law provides no other bailiffs fees.

 

If a bailiff is trying to swindle you then he commits an offence.s2 Fraud Act 2006. Bailiffs always try it on and try charging you hundreds of pounds pretending they are lawful. Bailiffs tend to give these charges some rather inventive names but the law doesnt say you have to pay them.

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TY NP ;) That's very intersting indeed. It's making sense now:

 

1. For a parking ticket, they have no right of forceful entry as i have not signed any walking possession or let em in before.

 

2. I owe the council money and the company 'reasonable' fees in their tariff and the 2003 act.

 

3. the 200+ extra charges is a figure the bailiff has invented.

 

4. they are playing on fear. power games eh!

 

5. it's game on now..... i'm not letting these bstds get to me ;)

Edited by layer_cake
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1. No right to break in, provided you never let the in the first place.

 

2. Lawful fees are 28% of the ticket each time abailiff visits you plus £11.20 for one letter. Reasonable costs only applies if a bailiff transports your goods in a van and selling them at auction.

 

3. Yes, bailiffs come up with al sorts of fictitious stuff to increase their fee. They are not statutory fees.

 

4. yes.

 

5. dont play their game. Just keep them out and make your car safe.

The next generation Nintendo Wii - the Nintendo Puu

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ty NP! I have written to them saying i will pay what they had asked for, before the bailiff came round, plus 28% + £11.20. That comes out at £150 less than the bailiff wanted! i'll keep u posted how it goes and will make a donation too.

 

ps. i have promised myself to never park on yellow lines, lol :o

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  • 2 weeks later...

Update; I've written to them, told the bailiff the situ in a polite but firm-ish 'I know my rights and you are having a laugh matey' kind of way. He seems to have backed off and I'll pay them next week. Also, I'm submitting a claim for a refund from a previous case last year when they totally ripped me off for £300+

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