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    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
    • Please fill out our court claim sticky on this forums homepage.   Dx
    • My site team colleague @FTMDave has now gone through the entire thread – or 238 posts across 10 pages. He agrees that on your first judgement you have claimed too much because you have included the entire cost of producing the rear patio when in fact you have only paid a deposit. Whereas your judgement is for almost £3000, your claim should have been:       And instead you claimed £2905 and got a judgement for that figure for which you have just instructed the sheriffs.   Firstly, this clearly is an unjust result because as shoddy and as brutal as they appear to have been, the judgement should only have been for £795. Secondly, when you began the claim, you paid fees calculated on a claim of £2905 but the true claim fee should have been calculated on a claim of £785. This means that not only have you claim too much in terms of damages but also you have incurred claim fees which were unnecessarily high. In my view this matter needs to be addressed and frankly I think the first thing you should do this you should contact the sheriffs on Monday and tell them there has been an error and tell them to suspend the enforcement. After that are not too sure how to proceed and I have asked my site team colleague @Andyorch for his view about it. On the second claim, you were about to make the same error – but by a far more serious margin. In fact you margin of error was going to take you off the small claims track onto the fast track. Of course none of this has been helped by the failure of Lords to engage with the claim at all. However, the fact that they didn't mount a defence doesn't mean that you were entitled to the judgement which you sought.
    • Hi ref post #176 posted doc, I notice that no date is shown for hearing fee to be paid by? Is this usual for a phone hearing, given current circumstances? Working through lots of success and other posts re witness statements, not easy, "one size does not fit all", will hopefully post tomorrow Sunday. Thanks
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How do i reclaim money from bailiffs


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sometime in 2008 bailiffs attended our property for a £65 pound parking fine......they clamped my wifes car which she uses for her self employed business for deliveries...she told them they could not do that as she uses it for business and also as she was on diabetes medication and therefore needed the vehicle to go for her doctors appointment...they refused and were very agreesive and quite loud ....they were 2 guys ......feeling very harassed and knowing she would miss out a customer she needed to make deliveries to that day .....she had to pay £721 to the bailiffs.....i have just seen the receipt and in it they claimed 471.19 for bailiffs cost, £43 forlevy on the vehicle and then added vat which amounted to £721. she paid £75 cash and the rest was via cards.....

 

i feel it was highly unfair and i am asking for any advice on what i can do to get some money back.....

 

i heard bailiffs cant charge vat, cant levy on a vehicle used for self employment, etc .......are template letters i can use .....please help:mad:

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Hi ya :)

 

Im having the same problem with Chandlers (IF you want to read my posts itbexplains it all!) I am having murders with them they dont reply to letter or email and they say its down to the council and the council say as its fees its down to Chandlers. I have issued a form 4 compliant this morning. I think you can google it :) Sorry not much help but I hate bailiffs !

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  • 6 months later...

in 2008, This Bailiff came into my residential property on that day and created such havoc that I can not begin to state.When he came he met my under 18 sibling who told him i was not around , but he forced his way in and insistED on waiting for me.

Firstly, he came into my house demanding that the debt of 1600pounds owed by my compnay be paid to him plus additional costs of £1900

 

When I arrived he started shouting that he was going to take away everything I own, my tv , equipment and machines which was on a lease. Although I brought out the documents to show him the Properties were mine and not the company's, he went to the mains and just started unplugging things. This cost repairs after he had left to a tune of £950.

 

However, this was the least of what that man did to me that day. When I was tired of his shouting I sat down in the living room and I started praying. He cursed me and stated making racial comments and told me that I was stupid to be praying and that if I did not stop my foolish prayers he would double his charges.

 

I told him I was praying for God to help me so that I could get someone to lend me some money to get him off my back. He said to me that all we Christians were very stupid people. There were three other people hearing him. And he repeated the statement to two other people: my sisters when they came back from work at night were also around to witness all this harasement.

 

During the course of his presence at the venue, I told him that since it was a company debt I did not feel he had a write to be mishandling my property like that.This man actually went into my bed room and was ransacking my clothes

.

when i started objecting. He said he will undress me if he has to and he forcefully took off my jacket and ransacked it and he made some racial insults ..that iam too shocked to write here.This was clearly sexual harasement and racial discremination.

 

He took my car keys and my bank cards and my handbag.I told him this properties clearly belonged to me , I showed him the log books , but he just forcefully grabbed the properties anyway.This man was very big and i could not resist his forceful struggle for my keys ,cards and bags

 

I told him I did not think he had a right to touch me and he told me that he was a sheriff and he would arrest me and lock me up that night. He climbed into my loft, when he did not find anything, he came down and ransacked my passports and documents in my room. When he did not find any money he said he was putting me under arrest to the police station. He also said he was going to arrest both me and my sisters in the property if we all did not come up with the money.He kept flashing his sheriff badge and kept saying he was with the police and he would arrest us.

 

He now started threatening that he would start tearing my house bit by bit , my floor boards,etc if i did not come up with the money.

 

Because of this threats myself and my two sisters using 4 different bank cards in our name had to pay even though the debt was not in our name as the harassment and insults ,racial remarks and sexual harasement was just to much...i was actually starting to fear for my life and that of my sisters as we were all women in the house.

 

He left. I was very shaken, distraught and to be sincere, for the first time in my life I looked at the colour of my skin. And I wondered if it was a crime to be a defenseless female and black. I actually could not sleep in the house . i had to get some friends to move in some time to make me feel secure again.

Bit by bit I tried to pick up the pieces of my life from repairing the equipment and properties to the computer that he had disconnected and thereby I had lost all my work files. As a result of the loss of these files, I lost a client's account who had been with me for over 3 years. and incurred repairs cost to the damages to my property

But this story does not end there. Almost a month later, my sister said to me that the bailiff had taken the money – £3500+ out of all the cards twice.

 

She not only lost favour with her credit card company who cancelled her no interest period, she was unable to pay her mortgage and had to borrow money at an exorbitant rate to cover the double forceful payment. Make the forceful payment had incurred exorbitant charges on all our cards as they were all obviously overdrawn

 

Secondly, I was on a prescription medicine for diabetes (see attached). Due to the actions of the bailiff, I could not make necessary trips to my impeding medical appointment, as all my resources had been taken by the bailiff . I believe this places me as a “vulnerable person” in the eyes of your the national Standards for Enforcement Agents.

THE QUESTIONs:

1. I feel the sheriff acted wrongly in forcing us to pay for a debt that was not in our names.It was in the name of the company.

2.I feel the sherrif acted inappropraitely....i believe he had no right to physically touch me, to throw insults at me religiously, or make racial comments....i really hope this is correct otherwise i will be very scared from now on.

3.I feel he had no right to destroy my property after i had proved to him that it was my personal property and not that of the company.

4.looking at the charges i believe charging an extra £1900 on top of a £1600 (this include the debt and the judgement cost) was very high indeed, for any body company or individual.

5.I feel the threatening behaviour was just too exesive , just too much and very barbaric...is this allowed

6.this happened in 2008 , i just wanted to forget about the whole matter until i saw other thereads in this forumm...i hope I am not too late to do something about it

 

 

 

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in 2008, This Bailiff came into my residential property on that day and created such havoc that I can not begin to state.When he came he met my under 18 sibling who told him i was not around , but he forced his way in and insistED on waiting for me.

Firstly, he came into my house demanding that the debt of 1600pounds owed by my compnay be paid to him plus additional costs of £1900

 

 

When I arrived he started shouting that he was going to take away everything I own, my tv , equipment and machines which was on a lease. Although I brought out the documents to show him the Properties were mine and not the company's, he went to the mains and just started unplugging things. This cost repairs after he had left to a tune of £950.

 

 

However, this was the least of what that man did to me that day. When I was tired of his shouting I sat down in the living room and I started praying. He cursed me and stated making racial comments and told me that I was stupid to be praying and that if I did not stop my foolish prayers he would double his charges.

 

 

 

I told him I was praying for God to help me so that I could get someone to lend me some money to get him off my back. He said to me that all we Christians were very stupid people. There were three other people hearing him. And he repeated the statement to two other people: my sisters when they came back from work at night were also around to witness all this harasement.

 

 

During the course of his presence at the venue, I told him that since it was a company debt I did not feel he had a write to be mishandling my property like that.This man actually went into my bed room and was ransacking my clothes

.

when i started objecting. He said he will undress me if he has to and he forcefully took off my jacket and ransacked it and he made some racial insults ..that iam too shocked to write here.This was clearly sexual harasement and racial discremination.

 

 

He took my car keys and my bank cards and my handbag.I told him this properties clearly belonged to me , I showed him the log books , but he just forcefully grabbed the properties anyway.This man was very big and i could not resist his forceful struggle for my keys ,cards and bags

 

 

 

I told him I did not think he had a right to touch me and he told me that he was a sheriff and he would arrest me and lock me up that night. He climbed into my loft, when he did not find anything, he came down and ransacked my passports and documents in my room. When he did not find any money he said he was putting me under arrest to the police station. He also said he was going to arrest both me and my sisters in the property if we all did not come up with the money.He kept flashing his sheriff badge and kept saying he was with the police and he would arrest us.

 

 

He now started threatening that he would start tearing my house bit by bit , my floor boards,etc if i did not come up with the money.

 

 

Because of this threats myself and my two sisters using 4 different bank cards in our name had to pay even though the debt was not in our name as the harassment and insults ,racial remarks and sexual harasement was just to much...i was actually starting to fear for my life and that of my sisters as we were all women in the house.

 

 

 

He left. I was very shaken, distraught and to be sincere, for the first time in my life I looked at the colour of my skin. And I wondered if it was a crime to be a defenseless female and black. I actually could not sleep in the house . i had to get some friends to move in some time to make me feel secure again.

 

 

Bit by bit I tried to pick up the pieces of my life from repairing the equipment and properties to the computer that he had disconnected and thereby I had lost all my work files. As a result of the loss of these files, I lost a client's account who had been with me for over 3 years. and incurred repairs cost to the damages to my property

 

 

But this story does not end there. Almost a month later, my sister said to me that the bailiff had taken the money – £3500+ out of all the cards twice.

 

 

 

She not only lost favour with her credit card company who cancelled her no interest period, she was unable to pay her mortgage and had to borrow money at an exorbitant rate to cover the double forceful payment. Make the forceful payment had incurred exorbitant charges on all our cards as they were all obviously overdrawn

 

 

 

 

 

Secondly, I was on a prescription medicine for diabetes (see attached). Due to the actions of the bailiff, I could not make necessary trips to my impeding medical appointment, as all my resources had been taken by the bailiff . I believe this places me as a “vulnerable person” in the eyes of your the national Standards for Enforcement Agents.

 

THE QUESTIONs:

1. I feel the sheriff acted wrongly in forcing us to pay for a debt that was not in our names.It was in the name of the company.

2.I feel the sherrif acted inappropraitely....i believe he had no right to physically touch me, to throw insults at me religiously, or make racial comments....i really hope this is correct otherwise i will be very scared from now on.

 

3.I feel he had no right to destroy my property after i had proved to him that it was my personal property and not that of the company.

 

4.looking at the charges i believe charging an extra £1900 on top of a £1600 (this include the debt and the judgement cost) was very high indeed, for any body company or individual.

5.I feel the threatening behaviour was just too exesive , just too much and very barbaric...is this allowed

 

6.this happened in 2008 , i just wanted to forget about the whole matter until i saw other thereads in this forumm...i hope I am not too late to do something about it

 

 

 

 

 

Hi dipo

 

At first I thought I was reading a wind up untill I viewed your other threads and posts..

 

Firstly one word comes to mind...POLICE...you need to report this asap get it logged then you can start to solve what the B has done.

 

forget about the £950.00 damage he caused??? and deal with the facts,

 

I am so mad at reading this I cant type, and I cant believe you have done nothing about what happened.

 

Please report this and get a letter to the B's offices, there are loads to cover on this so lets get started.

 

Mr W

Regards..Mr Worried :)

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diprobrazil do you allow anyone else to post in this forum with your name?

 

 

:confused:

 

 

Can you explain further ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ah very interesting-I see what you mean now.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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if you read the post again HE is talking about it being HIS wife, who they were chasing in a round about way

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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the context suggest it was written by a female , it could well be the original poster was the husband in the parking post and where it clearly mentions his wife

 

and strictly on forum rules each should open a separate account

 

so it is either the husbands account and the lady is now using it or on the other hand it is the ladys account and the husband has used it

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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THE QUESTIONs:

1. I feel the sheriff acted wrongly in forcing us to pay for a debt that was not in our names.It was in the name of the company.

 

If its a Ltd company then only the company is liable. They cannot take your personal property, only property belonging to the company.

 

2.I feel the sherrif acted inappropraitely....i believe he had no right to physically touch me,

 

to throw insults at me religiously, or make racial comments....i really hope this is correct otherwise i will be very scared from now on.

 

Are you in Scotland?

 

The officer technically commits an offence under Section 39 of the Criminal Justice Act 1988, and Section 154 of the Criminal Justice and Public Order Act 1994. Were there any witnesses? if yes then contact police.

 

3.I feel he had no right to destroy my property after i had proved to him that it was my personal property and not that of the company.

 

Do you have any evidence and witnesses the officer damaged your property? he commits an offence under Section 1 of the Criminal Damage Act 1971.

 

4.looking at the charges i believe charging an extra £1900 on top of a £1600 (this include the debt and the judgement cost) was very high indeed, for any body company or individual.

 

Officially, 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. 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.

 

5.I feel the threatening behaviour was just too exesive , just too much and very barbaric...is this allowed

 

6.this happened in 2008 , i just wanted to forget about the whole matter until i saw other thereads in this forumm...i hope I am not too late to do something about it

 

You can recover unlawful bailiffs fees within six years from the money became due, there are no time limits a suspect can be charged with a criminal offence.

The next generation Nintendo Wii - the Nintendo Puu

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the context suggest it was written by a female , it could well be the original poster was the husband in the parking post and where it clearly mentions his wife

 

and strictly on forum rules each should open a separate account

 

so it is either the husbands account and the lady is now using it or on the other hand it is the ladys account and the husband has used it

 

Or (and I hope not) it's a wind up

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Are you sure it was a HCEO and not a building inspector

 

"He climbed into my loft, when he did not find anything, he came down "

 

"He now started threatening that he would start tearing my house bit by bit , my floor boards,etc if i did not come up with the money."

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thanks for all the response.

 

....yes this happened to my wife .....i did not know what to do, when she told me the story so i simply asked her to type into my CAG account in her own words.I am sorry but i did not know that it was against forum rules for me to do that.Should i tell her to open a new account then?...it is just that i have been the one trying to sort all our financial issues, parking ticket and all so far and i am a bit conversant with the forum etc

 

This is fact.....she was virtually weeping as she told me what happened....I was not around at the time this happened....so i am now looking for justice

:(

 

I actually asked her if she called the police at the time ...and she said she did as soon as she came into the building that day.....and they told her it was a civil matter and they could not do anything about it.

 

yes she was runing her buisness from her garage at home.The business was a limited company.

 

Thanks for the hint that one can recover unlawful bailiff fees upto six years ....that info has become very helpful rigthnow,

 

It is only after i started reading this forum that i realised that there was a chance for one to fight back with such issues....I tell you a lot of people out there dont have clue and these guys are everyday getting away with all kinds of atrocities.

 

So please i will really appreciate any coordinated help i can get to get some justice .

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Without doubt you MUST contact the Company to whom the alleged HCEO works for - as they are all Limited Companies and also lodge a complaint with the High Court Enforcement Officers Association. (Check the web for contact details and addresses. You may also like to check the bailiffs UK register to see if he is certificated, and if he is make a complaint to the issuing County Court and ask that his certificate be suspended. You may even be able to claim some damages - this is outragous!!!!

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Thankyou for your clarification, dipo. Sexual assault and racial abuse are not - imho - civil issues. Do give yourself and your wife a special present. Call the police and report these crimes. Today.

Best wishes.

Rae.

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  • 4 weeks later...

Hi everyone thanks for all the tips on my last bailiff issue.

 

I just got another surprise from another bailiff....this bailiff have sent us a warrant of execution for £663.56 for a penality charge that had been paid in full . we had paid the sum of £120 in full via the coucil website and we have the receipt.

 

we also had sent them subject access report some time in last year when they clamped our car stating we should be compensated as we solely used the car in our self employed business but the bailiff never responded ......they simply just unclamped the car.

 

Now 7 months later they have sent to letters slowly harasing us for the a payment on a debt we have since cleared.

 

some one advised me to send a form 4 complaint to the court that certified them ......but i feel that if i just stated that the debt had already been cleared ....the bailiff will just be told by the court to close the case ....but i want to get back at them a little in the area of compensation ....what do you guys reckon i should do

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You need to establish some facts about the sequence of events, which you can do by calling the council.

 

1. Find out the PCN number so you know you're dealing with the correct case.

2. How much was owing (according to the Council!) when you made your payment.

3. Did they receive the payment OK, and did it clear the debt?

 

By the end of the last question, you should know how and why the case went to the bailiff.

 

It's possible the bailiff warrant was issued prior to the debt being paid.

 

If you can let us know the answers, it will help in terms of advising you what to do.

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Hi everyone thanks for all the tips on my last bailiff issue.

 

I just got another surprise from another bailiff....this bailiff have sent us a warrant of execution for £663.56 for a penality charge that had been paid in full . we had paid the sum of £120 in full via the coucil website and we have the receipt.

 

we also had sent them subject access report some time in last year when they clamped our car stating we should be compensated as we solely used the car in our self employed business but the bailiff never responded ......they simply just unclamped the car.

 

Now 7 months later they have sent to letters slowly harasing us for the a payment on a debt we have since cleared.

 

some one advised me to send a form 4 complaint to the court that certified them ......but i feel that if i just stated that the debt had already been cleared ....the bailiff will just be told by the court to close the case ....but i want to get back at them a little in the area of compensation ....what do you guys reckon i should do

 

Which local authority and which bailiff company.

 

The the local authority refuse to cancel the Warrant of Execution, then you will need to complete an Out of Time Witness Statement. A new ground has been applied to this form where you need to provide details of when payment was made.

 

It is likely that this error was made by the local authority.

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