Court form to complain about Baliffs.

[MARTIN3030]

Use this form to complain about Baliffs.

Simply fill it in and send it into the County Court.......its there to be used and theres no charge !!

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

[Ellie968]

Martin - thank you for this -I have asked at my local county court about procedures for complaining to the court re certificated bailiffs and have not got very far. This will be very useful. Incidentally I was also thinking about an application to the county court for a taxation hearing for excessive (and I think illegal costs in relation to council tax -the bailiff has added £350 in van fees but does not have a levy). Any advice on this?

 

Cheers

Ellie

[Ellie968]

Sorry - an addendum - I notice that the form states it is in relation to distress for rent - can it be used for distress in relation to collection for other debts as well?

Ellie

[MARTIN3030]

Yes of course Ellie there is a list of things.

This is quite a new form the courts have introduced I think only since last month.

I advise taking a copy of it once you have filled it in and send to your court Manager.

The fact that this is a logged complaint would be to your advantage if you seek further redress later/or are not satisfied.

As for your other points.

May I suggest you ask Zooman this he is active in this section and is online right now.

let me know how tou go

 

Martin

[MARTIN3030]

Baliff fees are regulated and they are required by law to issue you with a breakdown of them.

 

There are a number of things you can do.

My advice on that issue would be to read the thread by chrismc titled philips baliffs........he has challenged van fees and has been offered a refund !!

[MARTIN3030]

Ellie here is a link for you brilliant reading !!!

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/8732-philips-bailiffs-9.html#post161920

 

Martin

[Guest Zooman]

Martin - thank you for this -I have asked at my local county court about procedures for complaining to the court re certificated bailiffs and have not got very far. This will be very useful. Incidentally I was also thinking about an application to the county court for a taxation hearing for excessive (and I think illegal costs in relation to council tax -the bailiff has added £350 in van fees but does not have a levy). Any advice on this?

 

Cheers

Ellie

Ellie start a thread by clicking here.

[Ellie968]

Thanks - I have read the the thread - but I would still prefer to go for a taxation hearing rather than a counter claim - as this would help in setting a precedent even if the case was unreported - the problem I have is that when I challenge fees on individual cases the bailiff company capitulates - but always says something along the lines of "we are entitled to charge these fees but as a gesture of goodwill etc etc".I would like a more persuasive decision that would apply in general which could be used for similar cases as a legal precedent. A decision from a District Judge would be helpful I think.

E

[Guest Zooman]

Ellie I know where you are coming from and I commend you.

 

I must say as I feel I would be failing you if I did not, that before you commence hearings you must give then a chance to correct matters. And I would also suggest that you inform them of your intentions to start proceedings from the outset. Also I must remind you that to avoid paying costs you must get a reduction by the courts of at least 20% to avoid costs.

[Ellie968]

Thank you Zooman - I will ensure that impatience/frustration does not get the better of me - and will give the company opportunity to respond first and go though complaints procedures etc etc...thanks very much also for the advice about costs I was not aware of that - incidentally is that figure a rule of thumb or set down in statute/statutory instrument somewhere??

Ellie

[BotB]

Any costs awarded are at the discretion of the District Judge so it doesn't automatically follow that you will be ordered to pay costs if you don't succeed in persuading the DJ to reduce the fees by 20% + although of course there is a risk.

 

I would also say that if you are simply challenging the fees on grounds of reasonableness of the amount charged, then you must go down the taxation (now called detailed assessment) route rather than the money claim.

 

However, if you are challenging the fees from the point of view of being charged for e.g. visits that were not made or letters not sent, you will be asking the Court to make findings of fact so the small claim procedure would be the way to go for that.

[Ellie968]

Thank you - the situation is this: the bailiff has charged fees for two van visits - the first at £350 and the second at £280. There are also other costs - a "redemption fee" which always seems to be added and charges for payments by credit cards. The bailiff is collecting for unpaid council tax and does not have a levy. From your reply I gather that a taxation hearing is inappropriate as what is in question is the legal right to charge the van fees? If there was a levy and I wanted to claim that the van costs were excessive then I could go for a detailed assessment. Have I got that right? Thanks for you help.

E

[pogey]

Hi

Does anyone have any info regards bailiffs knocking on neighbours doors asking who lives in my house and when was the last time we were seen. Then they gave the documents to my daughter and told her everything that was in it!!! Aren't there cofidentiality laws against this?

[wilsikon]

I too am wondering if I have cause for complaint. Having paid the arrears of my Council Tax bill in full, the court certified bailiff (from Ross and Roberts) decided to come round to my property to drop off a receipt. However, having done so he proceeded to knock on my next door neighbours door and ask how long I'd lived there; that he was a court bailiff and that we'd owed £x amount.

 

Surely I'm entitled to some privacy? especially since the outstanding amount had been paid in full. Please can anyone advise if it would be worth pursuing a complaint against him?

[The GodMother]

i would assume the DPA would come into fource and they should not have been discussing anything with ur neighbours.