I doubt any bailiff will dish on their clients. They will only end losing their contract, and bad press gets around the Local Government Association, JBW will only be shafting themselves. JBW is known to have a flair for publicity with all their TV reality shows. One of my rental properties was featured in one such show, and the 'bankrupt' debtors were actors. There is no debtor owing £50,000 on credit cards having an immaculate house surrounded by manicured gardens, brand new fittings, designer clothes and a new car sitting on a brand new block-paved driveway.

You can ask for a breakdown if you want, but you probably wont get one, instead the bailiff will pretend its accessing personal data so they can charge you £10 fee. Its a mugs game

Use this as a base: Consumer Direct - Template letter No.10 - Use this letter before action to send to a trader who has failed to respond to your previous letters asking for resolution. Then work out how much want them to pay you: http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/264601-clamped-car-bailiffs-fees.html#post2995099 Yours Faithfully (do not sign) Mark the the top of the letter BY POST AND BY EMAIL Theres other templates on these forums.

I wouldnt claim restitution, I think you have a better chance reclaiming your losses as damages. Make a joint claim against Southwark and JBW and let the judge sort it out.

Why do you need a fee breakdown? You already know what the fee should be, £24.50. The £18 is only payable if the bailiff shows compelling evidence a 2nd visit has been made. You will find it common place for bailiff to try charging hundreds of pounds in fees, they hope you dont know better and pay up. If you make a claim, you usually get your money back a day before trial date, and that can be interpreted the bailiff was fully aware the fees were unlawful (deliberate intent to defraud), plus, they cant afford to risk a CCJ against their name and affects their ability to renew their consumer credit license. Any applicant for a consumer credit license must have a 100% clean credit rating otherwise they could be made to lodge thousands of pounds in indemnities with the OFT when they next renew their consumer credit license. File the claim and you quickly have the bailiffs dancing to your tune. Your Form 4 will take a completely different route after you have recovered the unlawful fees. It becomes so much harder for a Judge to find in the bailiffs favour.

Apparently Form 4 is not worth bothering about. Just get your money back and look at a form 4 afterwards. A successful fee recovery strengthens your complaint.

Forum has altered my post and changed the name of the breakdown company. In capital letters, its EYE-SEE Breakdown

Abbey, a biz account. IC Breakdown

Just file the N1 and let nature run its course. Post your facts you want to give in your claim particulars in the legal section of this forum, and someone there will show you how to smarten them up. You are claiming from both the council and bailiff and let the court decide who pays. Its OK to give the bailiffs PO box address. The court will ask them to provide their service address.

That statement is its own right, is vexatious. It seems that bailiffs are trying to tell complainants they can apply for costs in a failed claim. Most claims for unlawful bailiffs fees Id expect be below the £5000 threshold, therefore qualify for Small Claims Track rules and they do not provide for costs to be awarded against a claimant. If a claimant loses, they only pay court fees and in rare cases, travel expenses at the prescribed allowance. Just ask for your money back and you know how to do the rest.

The bank is right, not covered under CCA 1974. You are protected by Section 2 of the 2006 Fraud Act. You reclaim the fees by asking the council to refund them in 14 days then file a claim at your local county court on a Form N1. Work out the council tax due, add £24.50 the prescribed bailiffs fee then subtract from the amount paid and add statutory interest at 0.00022% per day from the date you paid it, to the date the claim is filed plus the number of days until Judgement. The defendants are the council and the bailiff company jointly and severally. The claim will be defended right up to the day before trial where the bailiffs will settle on condition you close your case.

The Direct Debit Guarantee is: I took out breakdown cover last year and paid with a debit card. I thought this was a one off charge for a years cover. I was contacted with a renewal letter but the terms of cover had been changed. The cover purchased is they recover my car back home if I breakdown. The renewal terms changed that to (something like) taking my car to neaest garage from where I break down and pay up to £100 onward train fare, £XXX's hotel accommodation, £XXX's for this & £XXX's for that plus up to seven passengers etc.etc. This is not what I wanted, so I did not renew the policy. I started a new breakdown policy with another breakdown service. The previous recovery service debited my bank account and I tried to reclaim it under the Direct Debit guarantee. The bank says this is not a Direct Debit and therefore the Direct Debit guarantee does not apply. This is not consistent with official advice: http://www.financial-ombudsman.org.uk/publications/ombudsman-news/27/27-directdebit-guarantee.htm The breakdown service says I consented to automatic annual renewals. I am not sure if this is true because the terms of the policy were changed without permission, they cant show an authority to debit my card for another years cover and the premium had increased substantially. The original breakdown service says they will cancel the policy but will charge a cancellation fee similar to the unspent premiums of the original policy. Whats the proper course of action?

I dont think banning HCE is the way to go. He can at times, be a good advocate for the bailiffs camp. I know he can be a royal pain in the proverbial to the consumers camp.

His next victim, and how much fees he thinks he could get away with.

Your parents can apply for an interim restraining order under Section 3 of the Protection from Harassment Act 1997.

Theres no bailiffs fees for train tickets offences unless a court has made an order against you. Contact your local magistrates court and ask for the conviction date and the address the defendants summons was sent. If there is no conviction and no court order made against you then the bailiffs demand can be disregarded and you dont need to respond. The offence may not have been proven and is in dispute because there is no deliberate intention of train fare evasion. If a bailiff says he has a court document saying you must pay him, but you discover no such document exists, then he commits an offence See also Section 40(1) subsections (a) to (d) of the Administration of Justice Act 1970.

Section 5(3)(a) of the Railways Act 1889 says: (a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or And she was right to dispute it. I doubt a court has ordered a £300+ fine. The bailiff might be a fruitcake because you have a right to defend the case and no defence has been considered. If a court has decided the outcome of the proceedings before summonsing you to appear, then you can disregard the conviction: Article 6 of the European Convention on Human Rights.

I doubt they will get it. They should have made sure their Professional Indemnity insurance was up do date.

There is a case the owner sent a recovery truck to collect a car from JBW. Westminster got the £155+VAT bill.

1. Ask for a refund from the bailiffs within 14 days. 2. File the claim on a Form N1. 3. Follow the courts directions until you either get Judgement or the bailiff settles.

How so? the small claims track doesnt provide for claiming costs. Only the court fees £40 and thats only if its awarded. Besides, if the OP wins, the bailiff firm gets a CCJ and it bye-bye consumer credit license. The risk is entirely with the bailiff.

Read post #4. The letter fee is allowed but only if they show compelling evidence they sent you one to your current address. The other fees can be disegarded - unless you willingly and unanbiguously agree to pay them or the bailiffs shows a costs order made against you that sets the amount of costs you must pay. If the bailiff has a costs order, then complete an N244 and ask for the order to be set-aside because you were not given an opportunity to respond to the application. If you have already paid, they you can try reclaiming them as they are not prescribed, but if the bailiffs says they are 'costs' and no supporting sales invoices are produced, then reclaim them on ther grounds the bailiff is claiming unjust enrichment.

This guy had other ideas.

A Bailiffs Certificate is renewed every 2 years, so if you have 23 months left on yours, then you must have renewed during May 2010. That narrows it down quite a bit. Certificated Bailiff=

HCEs doesnt need one. He could be an HCE because he cant get one.