Please tell me if the levy is illegal or legal !!

[Bongo Dancer]

There is no law that provides for bailiffs to charge card transaction fees and other fees. Send the above letter anyway. No joy then reclaim the whole balance paid in the small claims track for committing offences under the Fraud Act 2006.

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

On [DATE] the defendant bailiffs recovered an unpaid debt and took my car. I paid them £[AMOUNT]. I asked the defendant to refund me because they charged me fees contradicting Regulation 13 of The High Court Enforcement Officers Regulations 2004 and committing an offence under the Fraud Act 2006 but they became defensive and vexatious in nature. This required me to seek discovery of information which incurred further expenses. I seek to recover from the defendant £5000 plus costs allowed by the court.

[r9rej]

Hi anyone else having problems with Sherforce please contact me by private message as I may be able to help.

[chris600uk]

So to clarify, I cant get away from the ridiculous fees they have added? In order to resolve this matter I will have to pay the full outstanding balance (including the £1800 bailiff fees) even if I file the N244?

 

 

Err no, I don't think that's what TT meant at all craig.

 

The n244 is an application to the court - it will return the matter to the court and may give you the opportunity to get an order to pay whatever you can afford.

 

The bailiff fees are separate - but that doesn't mean you have to pay them unless they are correct.

[madmax1973]

But how do you reclaim moneys that have been OVERCHARGED by the bailiff ?

 

I have now made an aggreement with the solicitor to pay the outstanding balance which is £900 cheaper than the bailiff, it still doesnt change the fact the bailiff has kept £1650 out of the £2650 i have paid to date. I still have a further £1172 to go.

 

This was all from an £1800 debt.

Edited October 31, 2008 by madmax1973
more info

[tomtubby]

If you have a complaint about the fees then you can apply for detailed assessment. This is an application for a Costs Officers to look at the fees charged to see if they are according to the statutory regulations.

 

I am assured by Sherforce that if you request such an application then they will apply to the court on the debtors behalf and pay the fees for such an application. You need to contact the company for details.

 

If you have a good knowledge of the statutory regulations then you may well be able to represent yourself at such an application.

 

As far as I am concerned the majority of the fees applied by this company are contained within the wording of the regulations, in particular to the word "reasonable" charges. However I would challenge that the fees charged to you would ever be reasonable.

 

It would be for the costs master to decide what figure is reasonable. I have had a fair amount of experience of detailed assessment for the collection of parking charge notices and I am aware of three such pending applications for the collection of council tax.

[craig2280]

I sent Marstons the letter supplied by Bongo Dancer with regard to the £1400 fees they had added on. Everytime I spoke to them they stated they were allowed to charge under the High Court Enforcement Office Regulations Act 2004 s3.

I had in writing that my balance was £2418 after paying £1734 from the original £2400 debt. Within a week they had replied and removed £1200 worth of "fees".

[Guest BURP]

Nice result. £1200 of bailiffs fees just vanished after sending that letter. The bailiff has effectively admitted ripping you off. Did they offer you any compensation you asked for?

[madmax1973]

So craig, your saying use the letter above and fingers crossed it will work for me too !!

 

TT would i do this first and then apply for a detailed application if i do not get anywhere ?

 

Where is a costs officer ? court or bailiff company ? any help with a letter would be great if i have to write one !

 

Many thanks

[craig2280]

I wrote to them on several occasions asking for a detailed breakdown of the fees. After Bongo Dancer pointed me to the website showing exactly what they can charge it was obvious the fees were excessive and unwarranted.

I dont believe that any bailiff company can justify this level of fees/charges being added on. I would write the letter I sent and see what they come back with.

[madmax1973]

Craig,

 

Did you ever get a SAR or breakdown in fees from Marstons before sending the letter above ?

[madmax1973]

I have, but i still cannot see what they have charged legally. Everything seems to be under miscellaneous.

 

Regulation 12 i believe !

[craig2280]

I did send a SAR and sent 2 further letters demanding a screen shot of the account, showing a detailed breakdown of charges. I am no expert, however I would think they cant just put everything under Regulation 12. They need to show details.

[Guest BURP]

Whats regulation 12?

[craig2280]

From the High Court Enforcement Officers Regulations 2004;

 

12. MiscellaneousFor any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application.

[Guest BURP]

Then unless a Judge has allowed it, no costs are due and no need for expensive N244 detailed assessments. That Bongo letter costs nothing and does the job hole in one.

[tomtubby]

BONGO

 

I think that the letter that you have referred to is one provide here by WWOW. I could be wrong.

 

The letter needs a few changes.

 

The applicable law does not provide for a Form 4 Complaint. This is an HCEO and NOT a bailiff. There is a vast difference. He will also not be granted a certificate in the County Court either.

 

The person that the HCEO acts for is the creditor.

 

The N244 Application is NOT for a Detailed Assessment it is the fee for an application to set aside the judgement.

[madmax1973]

TT

 

who is the costs officer ?