How do i reclaim money from bailiffs

[dipobrazil]

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:

[MRSWESTHAM]

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 !

[dipobrazil]

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

 

 

 

[Mr Worried]

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

[twonames]

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

[MARTIN3030]

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

 

 

 

 

Can you explain further ?

[twonames]

In this thread, op claims to be a black female whilst in previous posts mentions about having a wife

[MARTIN3030]

Ah very interesting-I see what you mean now.

[kiptower]

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

[twonames]

this posts claims to be a black female, other post claims his wife got a parking ticket?

[kiptower]

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

[Nintendo Pü]

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.

[woody1066]

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

[twonames]

the account of events does seem extreme,

 

If it is true, then the hceo should be shot

[Nintendo Pü]

Its not our place to judge whether the poster is telling the truth, we can only treat the post as fact and answer accordingly.

 

Not important what the poster has said in another thread.

[twonames]

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."

[High Court Enforcer]

If what you say is true I am surprised that you did not go to the Police at the time. Was this the bailiffs first visit? Do you run your business from home?

[dipobrazil]

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 .

[OurManInTheSouth]

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!!!!

[RaeUK]

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.

[dipobrazil]

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

[Jamberson]

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.

[ploddertom]

As far as the Subject Access Request is concerned did you send them the £10 fee and if so was this ever cashed?

 

PT

[tomtubby]

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.