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arrkon

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  1. Good evening all, As expected, My OOT application has been refused. What else can I do? In better news the bailiff company have provided me with a requested breakdown of fees, but some don't add up??? They are charging an "enforcement fee" and each "Visit fee" seems to be out of line, for example: Original amount: £112 Letter Fee: 11.20 Visit fee 1: 35.00 Visit fee 2: 61.00 visit fee 3: 64.00 Enforcement fee: 125.00 Vat: £59.24 I wasn't aware the "Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993" (or the amendment) allowed for anything but the letter and visit fee, and even then, that the visit fee should be no more than 28% of the ORIGINAL debt. Not a running tally throughout enforcement, even if the latter is true, the numbers dont add up... Advice greatly received.
  2. I now also posses a letter dated last thurs (arrived today), stating they are looking to take legal action for the "damage" to the clamp (for which there is non) and demanding the full payment of £460. But this letter is dated prior to the bailiff collecting the clamp. also in continuance to my last post, are they still allowed to persue? What the hell is going on with these guys?
  3. Bit of an update, the LA have acknowledged the OOT application, HOWEVER, the bailiff has made another visit today. Pushing another plain envelope through my door containing a copy of the warrant and telling me to contact him. I didn't think they were permitted any further action until the TEC decision? TomTubby, what is your take on events up to this point?
  4. Clamping without my presence but does a warrant of execution cover the highlighted bold part?
  5. Yes I asked and apparently there are no other pcns. In what way is the response unlikely to succeed? Lack of information (could have expanded on the explanation). The bailiff is coming tonight to recover his clamp and inspect for damage, and was very interested to now how I got it off, obviously not telling him. All calls are being recorded. Am I correct in the understanding that a warrant of execution does not in itself permit clamping? And that it was done outside of my presence is unlawful possibly illegal under the theft act (as I have read elsewhere).
  6. Hi TomTubby, thanks for the reply, There is no obvious reason as to why I did not receive any correspondence. However I have been having issues over the last 18 months with parcels cards etc not arriving and receiving mail for other properties (even other streets), I can only put this down to having many different "posties", possibly temps, on my street over that period. Royal mail has been contacted about this. When I got the hand delivered letter, i contacted the council and enquired as to why I had no previous notification from them. Their response was that they had sent them and it was my problem that I had not got them. This went on for a week or so. I have not contacted the agent up until this point as from prior experience they are not interested in anything but the payment. The TE7 was filled out with the following: "I was unaware of any outstanding unpaid PCN from Coventry City Council until bailiff action had started, having received no Charge Certificate or NTO from the Local Authority. Had this happened, I would have wilfully paid what is due." In regards to the vehicle, although not on finance, it is worth approx 4x the debt value (minimum), and is now about 8 miles from my property on private commercial land. Despite my call to him, the bailiff is yet to collect his undamaged clamp. Any further advice gratefully received.
  7. Hello all, need some help rather urgently please. A couple of weeks ago, I recieved a plain white envelope, un posted, pushed through my letterbox, stating that Newlyn PLC were chasing a debt for an outstanding PCN from the LA from april 2013. Demanding a sum i cannot remember (approx £300), for which I had tried conversing with the LA about this to find out the detail surrounding the PCN, but to no resolution other than the date and location, even more problematic as I had not recieved a NTO, Charge Cert, or any court documentation since the original PCN was issued. Fast forward to yesterday afternoon and i arrive at home from work to find my car clamped and a scruffy hand written form stuffed in my letterbox, now demanding £467. Called the bailiff to find out what was going on, to have him warning me not to interfere with the clamp and it was to be "recovered" if I was not to pay. In my frustration, I removed the clamp (taking photos too) without damaging it, as it was incorrectly applied in the first place (very easy to remove) and moved the vehicle. Informing him this morning to collect it. The bailiff has now informed the council I have CUT it off (photos prove this is not the case), Newlyns and the council are unwilling to help. along with moving the vehicle,I have also today lodged a TE7 and TE9 with the TEC and am awaiting news from them. Is there anything else that i can do or is it just a waiting game? It may also be worthy of note, that the bailiff does not show up on the "certificated bailiffs list" either under his name or under newlyn's company. Any advice gratefully recieved.
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