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Everything posted by danboy381

  1. You have to remember that approx 90% of these 'fees' are make believe, they will not be able to justify them to you because they can't. They make most of them up, they always do, and do this in the hope that they dont get challenged. Apply for a stay, and then report this case to the High Court.
  2. hi ncf855, Yes, theres alot you can do and this company is under investigation. If possible can you private message me the name of the bailiff who attended your property. I will post back tomorrow night when home. thx danboy381
  3. Sorry, I meant Schedule 3, Reg 13 section 12 of the hceo 's regs 2004 - Miscellaneous Fees. This is the section all hceo's rely on to make a 'extra good' living.
  4. ROcket i dont know whether you have balls of steel or just dont give a s*it. A friend of mine is similar to you. He lives as he calls it 'off the grid' which effectively is exactly that, and yes, NO ONE bothers him anymore. Maybe its the way everyone should go - as at this rate in approx 5 yrs time the government will know exactly everyones movements in car by tracker, and will bill you appropriately- not only that but every other aspect of your life will eventually be controlled by government. I think eventually though, your car may just 'disappear' one day...
  5. good ending to the hceo situation chetan. well done. thx for update. let us know if you have any more corresondance from the court.
  6. Bahh! happy the Police dont like to investigate as they keep referring to section 12 of the regs, get the bailiff into court and he argues the costs 'reasonable' they say - have you any case law knowledge up your sleeve on this - i.e court finds bailiff guillty of fraud/attempted fraud
  7. Happy, what about the 'VIPER' - seen this installed in a station in surrey somewhere, where the spiked rail springs from the station floor exit and puctures all 4 car tyres. Install one of these, and your drive off losses will be exactly £0.00! db
  8. yep pretty much chetan. This is one of the reasons the uk is kerr-nackered, and why 1000's of decent, hardworking, educated people emigrate the UK every year. The whole island at the moment is a Joke. As HC will probably tell you flying out of the UK is one helluva lot better than flying in.
  9. Chetan, if the hceo turns up take my advice as above. They wont listen. Tell them what you want, all day long. Call the police if you want, you will probably be amazed to find out how they wont be interested either and wont listen to you. They will probalb tell you they are there only to keep the peace. i.e stop you punching the hceo or the otherway round.
  10. the laywer merely read out the bailiffs letter on the phone. He said 'i know you are probably wanting to sue for costs, but they have mentioned in their letter that this payment is in full and final settlement, which may effect your ongoing issue with them' I said 'why didnt you ask them for your fees in any event' He said 'i wouldnt be able to get any fees money from them as the law doesnt allow your costs' It is a high street solicitor. I am going to ask for a copy of the file anyway as someone said on here i think it was - Joncris, it is my property anyway. He was a bit useless, like a burnt out lamp, but then they all are arent they. If anyone knows of a solicitor that bites like a big dog and doesnt let go let me know for the future!
  11. Chetan, this sounds a bit dodgy - get a lawyer that specialises in debt/litigation etc. You need to apply to the court properly - i.e a stay of execution, (is that right anyone?), but you probably need a lawyer as theres less chance the court would dismiss an application backed by a legal bod. No good contacting the hceo as they probably wont listen to your protests. If i was you, lock all doors and windows, hide any vehicles away from property. i.e garage empty unless its physically connected to the house, (if its connected to the house it forms part of the residential dwelling, and therefore they cant touch it) then go out for the day and find a solicitor. In my experience it's one thing dealing with a bailiff collecting a CCJ, when its a writ its impossible to talk with hceo's you are wasting your time. They wont be interested as they think they are above everything. Time is better spent sticking pins in your eyes. Ridiculous situation, but just get a lawyer on it.
  12. Just to reiterate - it was the BAILIFF firm that wrote back enclosing a cheque for the full amount that they had taken in the first place. The enclosed letter from the bailiff firm said ' this is in full and final settlement of any claim' Laywer pointed this out, and said 'heres a cheque but if you cash it then you may not be able to take any further action' bailiff bill was: judgement : 540 judge costs 160 execution 101.75 interest 9.00 bailiff fees 1574.25 + a little bit of vat.
  13. yes PT, I know if this had been to a master - he would have fallen off his chair, as it was a big wad of cash - but being a bit green in such gangster style extortion raquets, I immediatley thought, - lawyer! maybe before I file I'll see if i can somehow bump up the fees so i can transfer up! ...or taking your tack i'll consider dropping action if they wanna bring me round an envelope of cash. And that, would make my day.
  14. step 1 remove clamp step 2 list van on 5 day ebay auction step 3 hide van in lock up step 4 take money from winning bidder. At the airport, call bailiff on his mobile telling him the clamp is available for collection, leave in airport lost property, claiming 'you just found it' step 5 leave on flight
  15. Poridge, I've been to the 'criminal' courts a few times to give evidence, and always took a slightly larger than a4 size zip wallet with all my notes in, as you say it is easy after the event to say damn! why didn't i mention that! I don't think anyone will frown upon you if you have notes in front of you and a pen incase you need to take any further notes. In fact if you just wander in with nothing it may look strange. After all it shows you are taking everything ultra seriously and you are prepared. Good luck
  16. thanks middenmess I've got a LBA sorted and its going off to them. I found a pidgeon to use as at least I know it will arrive. when/if they write back with delaying answers which is standard,they will feel a court claim drop on the mat.
  17. thanks for that middenmiss. I cant see how the bailiff firm can say in full and final settlement. Surely they can't legally call the shots here as the money they collected wasn't correctly collected and they had no authorisation from anyone inc the court to collect it! if u see what i mean.
  18. No, i wont use a lawyer for this I will do it via money claim online, and if it costs me £50.00 quid or so that's fine. I still think their defence will be that the refund was cashed so there can be no claim against them.
  19. thanks happy. Of course I intructed the lawyer and although its expensive they are entitled to deduct their fees. So what you are saying is a LBA to the bailiff firm setting out my claim and then a small claim in the court. Trouble is they will just say the cheque was cashed in full settlement? What do you think is the likely view of the judge in this?
  20. O.k, hceo turns up and forces someone, not the debtor, to pay a writ he has. Person pays in full under protest, bailiff ignores him, takes payment, job done. Person then goes to lawyer who sorts out the issue, and after a few weeks a payment comes back from the bailiff firm in full. Laywer tells client if the cheque is cashed the bailiff firm have said it will be deemed full and final and no further action is allowed. Client is desperate for the money back as it runs into £1000's and has no option but to say to the lawyer, 'cash it' Lawyer deducts his fees and transfers remainder to client Person now out of pocket in the sum of 100's through no fault of his own. Any help appreciated please - if anyone thinks legal action can be taken.. db
  21. Hi, sorry for the lack of detail, First case, 1 guy starts to write down list of goods on premises, whilst owner is trying to get cash together, and the other bailiff looks on. So nothing signed and no real levy done i suppose. gives breakdown as: porter £125.00 other £320.00 + vat on above fees _________________________________ 2nd case, 2 guys turn up can't find debtor, speak to neighbouring businesses on business park, and write on their levy, 'all goods on site', and shove envelope thorugh letter box. his fees for this are porter £125.00, + vat second visit he finds someone who isn't the debtor, forces them to pay and charges porter £125.00 other £320.00 vat on fees above bought forward fees from 1st visit?! £460.00 inc some vat charges this makes up the total collected.
  22. Interesting post HC.- thats answered alot of questions in one go. Hello the bailiff, i give some actual writs below. what do you think of these.... and the likely outcome of a complaint to the high court against the bailiff concerned. Writ 1. first and only visit: judgement debt £670.00 judgement costs £70.00 execution costs £50.00 interest £5.00 sheriff fee £400.00 vat £60.00 hceo fee inc vat 510.00 total demanded by and paid to hceo in cash: £1765.08 _______________________ Writ 2. first visit- no answer at property-telephone call to bailiff, said he'd call back with detail and didn't- second visit- kerrching! judgement debt £530.00 Judgement costs £160.00 execution £101.75 interest £9.00 sheriff fee £400.00 vat £60.00 hceo fee £1116.25 total demanded and paid to hceo by debit card £2377.00
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