bailiff Andrew James Enforcement CTAX debt at my door a few weeks ago

[tottys]

i have just found a good bailiff web site it will inform you of their code of practice and tells you what they expect of their bailiffs and what rules they have to follow check out their recruitment page and it will give some good details of what you need to become a bailiff no need to be able to add up it says on there it is a good read..it is dkb collections at least it should cheer you up a bit if anything lol

[tottys]

evening all was just wondering does anyone know how to do a cca search have done one on the bailiffs that have visited me but i dont understand it to much as people have been removed and then the same person has been added with a slight change of name can they do this ????

[tottys]

hi all aint been on here for a while and i see that some ppl have been looking to see if a baillif is certified how can you do this?????is there a web site????please can you let me know

[hallowitch]

hi all aint been on here for a while and i see that some ppl have been looking to see if a bailiff is certified how can you do this?????is there a web site????please can you let me know

 

 

On line search to check if a Bailiff is Certificated

 

glad to see you still here tottys and have not given up

if you cant find him phone

 

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

[tottys]

thanks hallowitch just found it and found the bailiff have been looking to try and find anything out about the bailiff company but cant find anything no bad or no good reviews with ppl dealing with them....have almost finished paying my debt off with them thank god....but i do get letters every week saying they are going to come and take my things because they set up the payment date for every monday but didnt take into consideration that i dont get money till a thursday...will just be glad to get them off my back and out of my life but then again i dont know what the council are going to do with this years bill as they put it on hold for me till its paid off they will prob send it straight to them but at least this time i will know what to do no matter how early it is or what they say they can do...

[tottys]

morning all hallowitch its good to see you still here helping ppl....

just an update on my bailiff problem.i have almost finished paying my bill off with them(cant wait to have a tidy meal lol) there is just over £300 left to pay so i am about to e mail the council and tell them that the last £220 i will not pay as this is what they charged me for the imaginary van and ppl that were supposed to come out and as everyone on here has informed me they cant charge for a removal of goods when it did not take place even if it did i phoned my local hire company and they quoted me £75 per day for a truck not just a little van but a great big thing...so should i also inform the bailiff that i will not pay this or should i just tell the council and get them to inform the bailiff????i must say though i will be sad not to be getting their ever so nice letters ever week now telling me they going to visit..i wait round all day for them and they dont come lol...

[tottys]

morning all..

i was just about to e mail my council to see if they can get the bailiffs van fees removed but am not very good at wording these sort of things so was just wondering if anyone could give me any tips on what to put to them...i have worked it out and if they remove the van fees then thats all i will have left to pay is £190 which will then mean the end of this nightmare for me (thank god) have been reading some more threads on here and there is one that says that the bailiff can charge what he likes for removal fees i thought that it could only be reasonable cost anyone know how right this is???if thats so then i wont be able to get the van fees removed...(which means i will be starving for that little bit longer lol)

[Guest Happy Contrails]

This procedure clears up all the fee irregularities.. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/223322-equita-help-needed.html#post2472141

[coffeecup]

morning all..

i was just about to e mail my council to see if they can get the bailiffs van fees removed but am not very good at wording these sort of things so was just wondering if anyone could give me any tips on what to put to them...i have worked it out and if they remove the van fees then thats all i will have left to pay is £190 which will then mean the end of this nightmare for me (thank god) have been reading some more threads on here and there is one that says that the bailiff can charge what he likes for removal fees i thought that it could only be reasonable cost anyone know how right this is???if thats so then i wont be able to get the van fees removed...(which means i will be starving for that little bit longer lol)

 

 

The statutory fee scale states:

 

For one attendance with a vehicle with a view to recover goods after the levy has been made under this heading - Reasonable costs incurred (N.B. only one charge can be made.)

 

I havent read all the thread, but have you checked that the bailiff was certificated?

[tottys]

yes have looked to see if he was certified and yes he was... also a van did not turn up to remove. the fee is for an intention to remove goods..

[Guest Happy Contrails]

It must be reasonable costs. Just turning up isnt.

 

Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008

 

Van Fees, the regulations allow 'reasoble costs' to attending with a van with a view to removing goods. In the case of Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008 - the court ruled that Because the Bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable. Therefore Van fee = £0.00

[tottys]

thanks for that just seen the post you put on another thread about fraudulent fees but is that just for Scottish laws as it was a threat about sheriffs and am i right in thinking that the law is different for Scotland as it is for england and wales????

[Guest Happy Contrails]

Unless anyone here knows the answer, I would file the claim at court and ask the Judge.

[tottys]

have just drafted a e mail for the council please could anyone have a look and give me feed back as i dont want to put wrong info in there and make me look silly...

dear mr council man.

i am writing you this e mail in regards to my account which i have been paying to the bailiff company.as you know they have put on charges but i would like to contest the charge with regards to their van fee which was incurred in may 09 it was for £220 for attending with a vehicle with a view to remove..the reason i am contesting this is because the van never attended and no goods were removed from my property so there for i dont think i should have been charged for this i also think that it is an unreasonable amount to charge as it would not cost that much to hire a van for the day and i feel that the bailiff company have overcharged by a long shot..if you could get back to me as soon as possible with regards to this i would be very grateful as if the van fee is removed i will only have £194.00 left to pay off the bill and it would make things easier for me as some of my circumstances have changed and im finding it difficult to keep these payments up..

many regards ..

if anyone got any advice for me on this would love to hear it many thanks all for helping me...totts

[tottys]

can some1 please take a look at my e mail for the council need to send it off today...

[Guest Happy Contrails]

I will suggest sending this by email and by post.

 

The Bailiff Company

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

Copied to: [NAME OF COUNCIL]

 

Send a copy of the letter to the council along with a copy of the bailiff’s fee document.

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

 

If you don't get a refund in seven days or the bailiffs fob you off with excuses, download and complete a Form N1 from the HMCS website. The Defendants are addressed as:

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL]

 

AND

 

[NAME OF BAILIFF COMPANY] 2nd DEFENDANT

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

I received a bailiff acting for the defendant collecting unpaid council tax. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Council Tax (Administration and Enforcement) Regulations 1992 which prescribes £24.50 and reasonable costs for transporting a debtors goods in a van. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that "because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court costs allowed by the court at the prescribed rate.

 

If you are on a low income then complete an EX160 fee exemption form.

 

File the Form N1 at you local county court. The claim will be defended (with the same old bailiff's ramblings) and the court will send you an allocation questionnaire. Keep all documents and receipts given to you by the bailiff and await the hearing date. Do not be bullied by bailiffs or the council's barrister to get you to drop the claim. You want ALL your money back plus your costs and interest in CLEARED FUNDS. Go before the Judge and ask for it. When the judge has awarded your judgment, always ask the judge for your "costs of today at the prescribed amount", he'll award you an extra 60-quid on top of your costs. Remember, you are a litigant-in-person and court rules say the judge must advocate for you in court.

 

When a bailiff defrauds you with his fees he commits an arrestable offence.

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and threatened to commit breaking and entering and take property unless I pay him £AMOUNT]. He charged fees £AMOUNT when the law prescribes a fee of £24.50.

 

The bailiff commits an offence under the 2006 Fraud Act. Lord Lucas sitting at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006 (unquote).

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

The law can provide reasonable costs in respect of bailiffs transporting goods in a van (attending to remove fee) however no goods have been levied and no document has been signed by me. District Judge Advent on the 9th & 24th September 2008 presiding over Case 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that (quote) because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable (unquote).

 

Any offence committed under the 2006 Fraud Act is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984. Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of bailiff document giving contact details

[tottys]

thanks for that hc....but will it make a difference as i did sign a walk in possession as i noted in the third letter that you put on here that it says i didnt sign any of the bailiffs forms or should i just remove that bit???again thank you very much for a ll your help.

[Guest Happy Contrails]

If you signed a walking possessions agreement, the law allows the bailiff to charge you a flat rate of £10.

[tottys]

morning all.

have e mailed the council regarding the bailiffs van fees and had a reply today it says basically that it is up to the bailiffs what they want to charge for a van fee it does not matter if they came in a mini or a Arctic lorry they can charge what they like....have sent the letter from hc and am just about to e mail it to the bailiffs is there anything else i can do at the moment or just sit back and wait????

[tottys]

Thank you for your email.

The fee of £225.00 relates to 'attending with a vehicle with a view to remove'. I apologise if I previously mentioned a 'van' but the legislation relates to a 'vehicle' of any sort.

 

Furthermore, the fee relates to a view with to remove goods and does not necessarily mean the fee is incurred when goods are actually removed.

You are correct that this fee in accordance with the legislation is classified as 'reasonable', however all fees apart from the statutory fees are agreed between the Authority and our Bailiff companies.

I trust this clarifies the situation but if you have any further queries please do not hesitate to contact me.

 

Thanks

this is the reply i got this morning..

[hallowitch]

morning all.

have e mailed the council regarding the bailiffs van fees and had a reply today it says basically that it is up to the bailiffs what they want to charge for a van fee it does not matter if they came in a mini or a Arctic lorry they can charge what they like....have sent the letter from hc and am just about to e mail it to the bailiffs is there anything else i can do at the moment or just sit back and wait????

 

 

nothing you can do till you get the reply to H C letter

[tottys]

ok great thanks for that hallowitch hands are hurting from writing all the letters will have to get me a printer lol (once all this is sorted and have a little bit of money lol)

[tottys]

sorry to be a pain do i need to send the first letter to the council as well as the bailiffs????

[hallowitch]

sorry to be a pain do i need to send the first letter to the council as well as the bailiffs????

 

yes any letters should be sent to the council and the bailiffs

[tottys]

thanks both e mails been sent and will post the letter to council now..