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Everything posted by smee76

  1. Tried both, and as with anything to do with the legal system in this country, they are a waste of time. Made form 4 complaint with the help of the excellent tomtubby, but the judge threw it out because the company the bailiff company worked for made up a pack of lies for the bailiff. The bailiff never even responded himself (maybe he didn't know which end of the pen to use). At the end of the day, the bailiff I was involved with was so wrong on so many counts, but his company backed him and lied for him. Then the judge believed the lies. Then applied for Detailed Assessment of the fees, and my local courts had never heard of it, so it could not continue. I ended up paying £350 for one bailiff visit, under guise of an attendance fee. I know they cannot charge this, but as my local council backed the bailiff company and there appears to be no possible way to win with the courts, I was screwed into paying up. I am still very bitter about it. Tomtubby helped loads, but at the end of the day, when the courts and the local council favour the bailiffs, there is very little you can do.
  2. If they have never been into your house then don't worry as they cannot charge this fee. ALL bailiffs will try it on, but that is all they are doing because they know they are not allowed to make these charges. Someone will be along soon to tell you how to proceed, as I am still a novice at this, but thanks to this forum and tomtubby I know a lot more about what bailiffs can and can't do.
  3. Hmmm, that may class as peaceful entry, as he used no force to enter the property. He does therefore have to power to force entry now in my opinion. Lesson learnt, never let a bailiff push past you if its their first visit. Doesn't excuse his attitude and behaviour though. Waltzing and taking a seat as if he was at home. All bailiffs need to act in a reasonable manner, and it sounds like he has not done so (as with so many bailiffs).
  4. With regards to walking in, surely it depends on whether is was able just to walk in, or if he had to push passed you to get in. Walking in through an open door he can do, but he cannot barge past you pushing you out of the way.
  5. Presumably this means that the first visit fees of £24.50, levy fees and wp fees ARE enforceable, but an 'enforcement fee' or 'attendance fee' for example they can go take a running jump for? I can totally understand this, but explaining it to a bailiff who is unplugging your computer because you are refusing to pay his fees is still going to be a problem in my opinion.
  6. Voxter - does this mean they can charge the van fee of £300? As a business, they gained peaceful entry easily. I have paid everything bar this £300, but they now say they are coming to remove goods whether I am there or not for this £300 fee of theirs. I am willing to pay what I have to, but not a penny more.
  7. Thanks. I think I can handle this one of two ways. One is to challenge that they can charge the van fee at all on a first visit, or the other is to challenge the amount of £300, and ask them to justify this when you can hire a van for 40 quid a day. I think the easiest way will be to challenge the amount and just pay the £40 I think they MAY be allowed. One point someone may be able to help with, when I spoke to the council last year. someone there said, well they have to cover the cost of the van and having two or three men with them to help move stuff. Is this right. Can they charge the cost of having additional manpower?
  8. Thanks ambershadow. Is this written down anywhere? I have made 4 payments to a bailiff by solo card, and I have been charged a total of £30 for these 4. Robbin' buggas!
  9. When making weekly payments to a bailiff company by Solo debit card, can the bailiff company charge for these payments?
  10. Just to pick up on this point, yes. I made the application to my local court, who returned it with a handwritten note saying that this court does not assess bailiff fees (private). So I phoned them up to ask who does, and after speaking to about 5 people, no-one had ever heard of it. No wonder these bailiffs get away with charging what the hell they like, as it appears there is absolutely no way that we can challenge it. Something really does need to be done by government on this sort of thing.
  11. Thanks Tomtubby - will let you know how I get on! Where you say issue a county court summons, I assume you mean pay the £300 now (they are coming this week) and then claim it back through the courts? Would I issue it against the council or the bailiff company?
  12. Disgusting behaviour by the bailiff, but no longer surprising. The sooner these mindless thugs are put in their place by the government the better. Doubt it will ever happen tho.
  13. I think you will find that the average bailiff will not give two hoots about whether you need the items for your day to day business. I have a similar problem, but the bailiff insists that they can take the goods I use on a daily basis to earn a living. The bailiff may well be wrong, but how on earth do you stop them removing goods? They are pig ignorant thugs who have no regard for anyone. I think you need to get the company to write to the bailiff and tell them that the goods they list are owned by them and not you. Statutory Declaration - does that work with a company?
  14. Thanks again. Yes, I am very annoyed with the £300 enforcement fee, hence why I am trying to find out of they can charge it. No evidence of me doing a runner at all, because I intend to be here for a few more years yet! I have asked the bailiff why they have charged it, and all I get is 'that is the agreement they have in the contract with the council, so thats what they charge everyone'. On Tomtubby's advice I applied to the council last year under the freedom of information act to see a copy of this contract, but they refused on the grounds that that contract was currently out to tender and they did not want to release a document which may have an impact on the tendering process. The whole thing just stinks of a great big rip-off to me, but I see no way round paying this extortionate fee.
  15. Thanks bigsid This is for business rates and it was deffo a first visit. The amount the bailiff was going to charge was worked out before he even arrived, as the charges of £374 were printed a sheet he had with him - although not in an itemised form (i got that later from his office). He has charged for a walking possession, levy and enforcement fee all on the first visit. From what you are saying, he can do that then? If so, is £300 a fair charge for a van and half an hour of talking? Am I right in thinking that as the fees were calculated before he even arrived, and that those fees included a walking poss fee, that he never intended to remove goods that day and that the £300 enforcement fee is just to boost his fees? As I understand also, they cannot force entry into my home address, only my business one. Is this correct?
  16. Hi Hopefully someone can offer some advice here. It is a matter of principle now as bailiffs are just ripping people off. Tomtubby helped me last year, and it is still going on from then, so hopefully she may be able to offer some more advice now???? Middle of last year I had a bailiff call for non payment of business rates (around £1300). After the usual discussions, I paid off everything except for one of the bailiffs charges - a £300 enforcement fee. These charges have still not been paid, and now they are coming round to see me again. The charges were made up of: Walking possession fee £12 Levy fee £62 Enforcement fee £300 Plus various charges for debit card payments. The bailiff visited once, and on that one occassion made the wp, levy and charged the enforcement fee for attending with a van with intention to remove goods. My main problem is the £300 enforcement fee which I have not yet paid. As the bailiff only made one visit, I do not beleive that this is chargeable. Tomtobby says that for a van visit charge, a levy must have been made on a previous visit, as do the national business debtline. Trouble is the bailiff and the council do not agree. I know I will have to pay this £300 to stop them removing goods, but I hope to be able to claim it back. Can this bailiff charge this van fee on a first visit? I have applied to the county court to have a detailed assessment on the fee (as I am exempt from court fees), but they have said they do not do that. I made a form 4 complaint against the bailiff but that was thrown out by the judge saying it is not the bailiffs job to decide on the fees, just collect the money so he was doing his job. The council insists the charge is correct. Everyone else says they cannot charge without a levy first being in place, but that will not stop the bailiff attending. HELP????
  17. Well they've kind of made a rod for their own backs. If they went about their jobs in the same way others do - ie consideratly - they would get the same treatment back from most people I am sure. But because of the pig-ignoranant, underhand, bullish behaviour they show when doing their job, they can't complain when they get that attitude back.
  18. Thanks TomTubby Is for Business rates Breakdown approx figures are Council Debt £1450 W/P & Levy £90 Enforcement Fee £450 Have been down all the complaining to council and bailiff company routes, but they are all digging their heels in. I was therefore advised to apply to the court to have a detailed assessment of the fees, but the courts have returned this saying they cannot do it at this court. It is my local court and the one where the liability order was granted. I am exempt from court fees, so enclosed EX160 for this purpose. If the courts will not look at the fees, and the council and bailiffs are saying they can charge this fee, where should I turn?
  19. The bailiff company have already provided me with a full breakdown of fees. I understand the levy fee, and the walking possession fee, but what I cannot understand is the £450 'enforcement fee'. The bailiff company say they are quite within their rights to charge this, as do the local council, however 'enforcement fee' is not a very specific term to me. Someone told me it was probably a van fee, but is £450 a realistic figure? The charges allowed state reasonable fee for attendance with a van, but I do not agree that this is reasonable so wanted the courts to have a look.
  20. Hi, Can anyone shed some light on how I can get bailiff fees assessed as I am sure they are way over the top, but the bailiff company insist they are not (no surprise there!). I have followed the advice from bailiffadviceonilne and applied to the court the judgement was made at for a detailed assessment, and they have returned my application with a note saying that this court cannot assess charges for bailiffs???? Thanks in advance. smee
  21. The letter they have sent does not include any demands for payment, nor mention any details of a debt. All is says is to phone them and quote a reference number. Would the above still count? I'm all for bringing these companies back down to the gutter where they belong, but I want to make sure this applies first.
  22. Thanks Chaps, I'll ignore it for now then. I just cannot work out why they would say occupier. I would have thought any debt would be under someones name. If they aint got a name, how can there be a debt? Anyway, it's filed in an appropriate place now!
  23. Hi, Hope someone can offer me some advice. I have received a letter from a collection company simply addressed to the occupier, asking them to phone them and quote a reference number. I have been at this address for about 9 months now, and have no idea what this relates to. As there is not even a name on the letter, just "The Occupier", should I file it in the round file in the corner and forget it? I don't want to phone them really and as they don't appear to have a contact name, I assume they are just trying their luck to see who replies? What do you all think?
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