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Everything posted by Bartok

  1. My apologies, we were informed of the application, but we did not receive notice of the hearing date.
  2. Can you let me know anything else needed? I do have all three case bundles scanned and ready for upload.
  3. The bank agreed to pay £2000 in June 2007 as part settlement of £4466 on condition the claim is dropped. The bank did not keep its promise to pay. A new claim was filed on 06 May 2010 using the following particulars:
  4. Yes, horsham is my local court. Let me check what was paid in the previous case and I'll revert back in a moment
  5. Dont pin your hopes on the BBC doing anything. The Beeb is a government entity and therefore a property of the Queen. It wont do anything proactive against another government department or other agent of the Queen because its considered disloyal to matters of state and to the Queen. Join the funneh handshake club. Some government extremists might call this "treason"
  6. This is a DVLA fine, and there are no bailiffs fees for collecting them, well, no statutory bailiffs fees. You need to make a formal complaint to the DVLA - ask in the motoring section for the address of the complaints department, and ask they settle the complaint by refunding you the money the bailiff forced you to pay. If your complaint gets nowhere, then make a written complaint to the parliamentary ombudsman as the DVLA has exposed you to an unlawful pecuniary loss through no fault of your own, and you ask that your loss is made good by the organisation responsible.
  7. and given the catalogue of errors in the courts handling of the case (and the defendant in breach of contract), should this be a case for complaint to the parliamentary ombudsman? This has left us seriously out of pocket through no fault of our own.
  8. Yes, I got the £2400 ish but that was already ours because the bank had drawn the money from the account. The claim was for costs, namely court fees to apply to the court and ask the bank comply with its agreement (signed contract) to pay, when it failed to do so. Should a N244 be filed? and ask for the judgement/order be set aside? the court did not send the claimant a notice of the hearing. I dont understand why the defendant is allowed to claim legal fees when the claimant is not.
  9. The case has been heard (I didnt get a notice of hearing from the court) and made Jedgement. Any suggestions where we go from here? I didnt think the small claims track provided for awarding costs against either party.
  10. I am privvy to knowledge that Andrew Hobley handles this type of complaint several hundred times a month, and he now even uses boilerplates when he writes reports and letters to complaints and councils.
  11. I think that is the rule for bags checked into the hold, I was wondering if the bag I carry onto the aircraft had a weight limit.
  12. If he turns up without the police then call the police. Keep door locked and keep bailiff outside. He cannot kick the door in. If you havnt got a car, how did you get a ticket?
  13. Council tax is only payable if you live in the property. It doesnt matter who pays the mortgage.
  14. I would say you should be speaking to the Independent Police Complaints Commission. An unauthorised raid on a property is burglary
  15. This is a JBW cock-up of the decade. Criminal damage and cops do nothing. http://www.surbiton.com/node/398
  16. If you declared the debt on the Form 6.28 then you send the the bailiff the contact details for your bankruptcy practitioner or administator.
  17. Speak to the court manager. The OP can even request a private meeting before a magistrate and tell him the above and take a copy of the above links.
  18. The list of fees can be disregarded. The law doesnt say you have to pay them unless the bailiff shows sales invoices proving it is reasonable costs. Otherwiseis is unjust enrichment. Its common practice for HCEOs to try it on and hope you pay up without checking whether the fees are genuine. Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004. The statutory fees for collecting £100 or less is 5% and 2.5% for sums over £100.
  19. No, its about £311.60. £95 + 28% + 95 + 95. Bailiffs can only charge one set of fees for all tickets at the same address. Its 28% once. They cannot charge it three times because theres are three PCN's at your address. Bailiffs will try to add other fees such as leter fees, these are only payable if you received that letter. All other charges such as "van fees" and "admin fees" and all that are not statutory fees, you only pay them if you agree to do so. So do not sign anything and do not take a document from the bailiffs hand if he holds one out to you. Capture everything on video or your mobile. The council is not being entirely honest with you. The law does not provide for councils to "sell" PCNs as a tangible asset the same way as debt collectors purchasing consumer debts. If the bailiff is unable to recover the money from you, it eventually gets returned to the council unpaid.
  20. Unless they havn't got any work and looking to drum up new business, I would think any lawyer worth his salt will have better things to do than surfing the net. If they want to know the case law on liability for a forum post, we can save them the bother... Godfrey v. Demon Internet Limited [1999] EWHC QB 244 (26th March, 1999) ...and as we can all see, their efforts will come to nothing, I'm afraid. Next...
  21. No. The so-called slip-rule If the address is wrong then Section 7 of the Interpretation Act 1978 puts the matter to bed.
  22. You may be classed a vulnerable person for the purposes of civil enforcement. http://www.dca.gov.uk/enforcement/agents02.htm#part10 Z2K is a body that helps the vulnerable and might be able to help. http://www.z2k.org/supporting-vulnerable-households You need to contact the court with evidence you are on a dissability, e.g. a doctors note or similar and enforcement action should cease. No point reporting him to Marstons, they will only giggle and cackle as they fling your letter round the office thinking its funny winding people up. Dont bother complaining to bailiffs trade associations either, you will get lip service. Just appoach the court and get enforcement stopped.
  23. You dont have to pay them because the law sets a statutory bailiffs fee of £28% of the amount you are fined. Its common practice for bailiffs to add thousands in fees, they hope you dont know the law and just pay up.
  24. If the car is on HP then is cannot be used as a lien for a debt. The car does not belong to you until the final payment has been made. The clamping fee can be disregarded, and you have a right to reclaim the previously paid clamping fee so the bailiff actually owes you money. Also, there is no legislation allowing a bailiff to charge a fee to fix a clamp to a car. Your best route to recover the money is though the civil courts quoting case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The bailiff has no obligation to write to you before visiting but the council does. A notice issued to a motorist who has received a Penalty Charge Notice and subsequent Notice to Owner but has not paid within the statutory time limits. A Charge Certificate increases the full penalty charge by 50% and requires payment within 14 days of service if registration of the debt is to be avoided. Since you have moved, this is compelling evidence the council did not comply with the rules so you can ask the council to have the enforcement action cease. The bailiff said he would not collect the other tickets and they would be written off if you paid a sum of £485 according to a deadline. As the bailiff did not comply with his end of the bargain, he made a false representation to you to get you to make over a money transfer. An offence under Section 2 of the 2006 Fraud Act. The amount he has charged you is also too high, the statutory bailiffs fee for collecting a PCN is 28% of the amount you are fined. It appears the bailiff has stitched you up with his fees. You can ask the bailiff to remove the clamp and refund you the fees he has overcharged you with, or you can seek a remedy in the courts for making a false representation as to the amount of fees he can charge you and entitlement to charge a fee to fix a wheelclamp to a car that does not belong to you. Section 78(7) of the Road Traffic Act 1991 says a bailiff enforcing unpaid parking tickets must hold a bailiffs certificate and failure to do so commits trespass. Check whether his certificate is up to date Certificated Bailiff if not then none of the fees is owed. With all this £1500+ fees and all that the bailiff is trying to get out of you, it almost certainly looks like he is trying to defraud you in a serious way. You might want to contact police and report an offence under the 2006 fraud Act and quote the legislation that sets the bailiffs fees for unpaid PCN's. - Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (Amended 2003).
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