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babist

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  1. Following an FOI request to the Ministry of Justice, their HMCS Enforcement division confirmed that the only information on fees is the one stated in HCEO Regulations 2004. They also confirmed that they have no information on fees that can be included under Fee Order 12 Miscellaneous. On the other hand, they confirmed that Magistrates Courts have specific fees in their contracts with private bailiff companies (see Private enforcement contracts with Her Majesty's Courts Service - Ministry of Justice). They also sent me the fees schedule for Martstons (formely Drakes) for the North West contract which includes the following charges: Fine amount >= £400 (there are fees stated for fines Admin fee = 20% of fine Attendance fee = £175 (admin + attendance fee cannot exceed £225. Additional charges (if incurred) credit card handling fee = 3% debit card handling fee = £1 HPI vehicle check = £30 Tracing fee = £40 vehicle removal (including large van) = £125 Heavy goods vehicle removal = £185 B
  2. I am considering applying for a Detailed Assessment to a Taxing Master or a District Judge in the High Court Registry for my case. I would like to ask for some advice on how to go about this. If anyone is willing to help, in a solicitor capacity, I would be happy to discuss the details of the case in private.
  3. The fees specified under SCHEDULE 3 Regulation 13 have been used by an enforcement company to explain their charges to me. This took place last month (January) so it is reasonable to assume that they are still in force. I have posted an FOI request to the Ministry of Justice which I expect will further clarify this issue. Regarding "reasonable" fees for visits mentioned before, in my case this is wrong. For example, the AHCEO charged from the first visit (£200 plus VAT) and subsequently, his employers have refunded this amount giving some questionable explanation.
  4. I think it is this one http://www.hceoa.org.uk/publication/White%20Paper%20-%20Effective%20Enforcement%20-%20March%202003.pdf
  5. Hello Happy Contrails, is what you say written anywhere that I can use as evidence? Babist
  6. Hello Bailiff, The bit of legislation that mentions the miscellaneous fees is Fee Order 12 in Schedule 3 of the the HCEO Regulations 2004. It says " For any matter not otherwise provided for, such sums as a Master, district judge or costs judge may allow upon application". I guess that the guidance you mentioned before might cover the requirement so it should be somewhere available. Now regarding HCEOs and AHCEOs, my understanding is that the names of the HCEOs are published. Do you know whether the names of AHCEOs are also published or where one can check whether a specific individual is approved as an AHCEO? My case was a county court case that was transferred to high court. I was told that the enforcement officer is not required to be a bailliff (which is correct as far as I understand) and I was told that he was acting on the instructions of a HCEO. My question is whether he is required to be an AHCEO. Can he be authorised otherwise? Babist
  7. Hi bailiff, I have read somewhere that the code of practice for HCEOs says that the HCEO shoudl provide to the debtor information on whet will be charged if a follow-up visit is required. is this true? Assuming that the debtor has paid the judgement costs in full and he disagrees about the HCEO fees, can the HCEO levy goods to recover fees that have not been explained to the debtor despite asking for this verbally and in writing? Also, transferring a case to high court, what do you think of the case where a HCEO company asks a creditor to do this in order to be able to receive more money from the debtor? I appreciate your feedback on these issues. I am sure that not all bailiffs are the same and I am sure that you agree with me that bailiffs that are interested in increasing their income only at the expense of debtors who are willing to cooperate is at least, unethical! Babist
  8. Hi Bailiff thanks for your response. Can I ask whether a HCEO is required to provide the information for the fees at each visit and if asked, in an itemised form? Also, is there a scale of fees for HCEOs? I mena the extra fees such as administration fees, re-attendance fees, etc Also, who decides to transfer a county court judgment to the High Court? Who pays for it? Is it the creditor or the HCEO? Finally, is it possible for a certificated bailiff to act on behalf of a HCEO in a county court judgment transferred to the High Court? I appreciate your input since you are doing the job of a bailiff. I believe that bailiffs and HCEO are entitled to receive payment for services provided as long as the fees are justified. Babist
  9. Thanks KJD. At this stage, I am trying to understand what they are allowed to charge. I hope to find out this information from the SAR and the FOI requests. Fingers crossed.... As I mentioned before, the main problem for me, is that this individual refused to provide information on the charges.
  10. I will wait for Tomtubby to drop by then!! I found the information on this forum extremely useful so I will be more than happy to add my bit here. So when i get the FOI request back, I will update you.
  11. Thanks KJD, some additional information. They are claiming and I quote "fees are charged under The Courts Act 2004, governed by Schedule 3, Regulation 13 and Poundage is charged under Fee A1, Schedule 3 of HCEO Regulations 2004." I cannot locate any Courts Act 2004. Anyone has any ideas?
  12. Can please someone help an ignorant soul? I was visited by a bailiff for a County Court Judgement three times. Each time he charged about £230 as attendance fees for himself. I am not sure if the following are relevant but he is working for High Court Enforcement Group Ltd and he is Certificated by Caernarfon County Court. The Judgement was issued by Manchester County Court. can they justify this and how (discretionary? approved by whom?). Can they charge this everytime they hand over a notice? please, please help......
  13. I have a similar case (see http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/176161-hce-group-ltd-charges.html) but issued by a County Court. Can someone explain if the same regulations are applicable to County Court Judgements?
  14. Thanks Fwog! I hope that someone can help because the case is rather complicated for me to understand what they are allowed to charge. There was no explanation of the costs incurred and when I asked him he said "Pay first and then I will explain the charges". I have now paid fully the debt and they have sent me a breakdown of the charges which I find incomprehensible. They include items such: execution fee (£101.75) Poundage, Fee Order 1 (£27) Inventory Fee, Order 6(2) (b) and Valuation Fee (£71) Financial Management Fee, Order 12 (£146.87) Administration Fee, Order 12 (£117.50) Officer's re-attendance's charges (£695 - three times including first time ~£230 each notice). I was also asked to pay £11.75 cheque charge and 4% credit card charge. I have asked them for a detailed breakdown of the charges and also did a SAR. I have also written to Manchester County Court under FOI to get info on what charges they have agreed with their bailiffs. I have also checked and the specific individual is approved by Caernarfon County Court. I am just annoyed with the attitude of the specific individual because he did not provide an explanation of the charges until after I paid and also the explanation was summarised under headings and not explained. At some stage, he also asked for this request in writing and claimed that he didn't receive my letter or my message to his answerphone.
  15. I am sorry but I forgot to add that I am a new member to this group and this is my first case with bailiffs. I have read the fees in Schedule 7 and I understand they can charge mileage (£25), a percentage of the amount recovered (2.5% of £713) and a valuation fee (0.4% of the property - in my case was my car worth probably ~£4000). Can they charge for anything else? Please advice or point to relevant information.
  16. I had a case for a dispute against the charges from one of the companies that I asked for a survey on some property that I own. They did a poor job and they expected full payment. The case went to court and I was asked to pay £556.79 against the debt and £157 for costs. The problem was that the letter from the Manchester County Court came when I was away (I travel a lot and for long periods) and wasn't here to sort it out. So it went to High Court Enforcement Group Ltd for collection. Their initial notice from HCE was for an amount of £1222.14 which was explained as: The Judgement Debt = £713.79 Judgement costs including statutory fees = £508.35 The story went on but I would like to ask if these costs can be justified on the basis of the first visit of the enforcement officer. Babis
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