Underhand SWIFT CREDIT bailiff clamping my vehicle

[adammc]

Hi. I found your website this morning after receiving a bailiff visit at 06.15 this morning.

He said that he was here to take my goods and was threatening in manner when bleary eyed I let him get a foot over my door, I told him that was never going to happen and it was best if he left.

He then said that he was going call back with a locksmith or take my vehicle a van which I use for self employment and put a clamp on the front wheel and sat in his van across the road with a cctv camera on top as I told him my disc cutter would be out in a minute!! on reflection not the brightest thing of me to say.

I photographed him parked on double yellow lines over a period of the three hours and smoking in his company van whilst I scanned the internet and found this remarkable website.

I found out through you guys that he couldn't clamp my vehicle and phoned their office and played dumb, the operator obliged and told me I had to pay up or else and then I let him have the law regarding vehicles for self employment.

The clamp was then removed by him.

 

I need some help with what I can do now regards reporting the idiot who called parking on double yellows and smoking in a works van and what I can do about the charges, they were for a parking fine I paid by cheque and was never cashed by the magistrates, I then paid automatically over the phone but received my payment back saying it was in the hands of the bailiffs.

 

I had a letter pushed through the door three days ago saying it was a first visit notice, he never knocked as I was in the house that day and today the visit.

Charges as follows

 

£45.00 original fine.

£50.00 each for two letters total £100.00

First visit fee £50.00

Seizure costs £210.00

Vehicle immobilisation fee £75.00

TOTAL £480.00

 

I would be so grateful for any help regarding this matter.

 

Adam.

[hallowitch]

posted by happy contrails

 

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides:

 

Letter Fee £11.20. If letter arrives after first visit is made then £0.00

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200.

If no levy is made then bailiffs can charge fees for a maximum of three visits.

Multiple fees cannot be charged for simultaenous unpaid ticket collections.

 

The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck or a van to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00. Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

 

by the way Marstons did not appeal

Edited July 24, 2009 by hallowitch

[hallowitch]

there is a sticky at the top of this page so you can check if the bailiff is certificated

[tomtubby]

Hi. I found your website this morning after receiving a bailiff visit at 06.15 this morning.

He said that he was here to take my goods and was threatening in manner when bleary eyed I let him get a foot over my door, I told him that was never going to happen and it was best if he left.

He then said that he was going call back with a locksmith or take my vehicle a van which I use for self employment and put a clamp on the front wheel and sat in his van across the road with a cctv camera on top as I told him my disc cutter would be out in a minute!! on reflection not the brightest thing of me to say.

I photographed him parked on double yellow lines over a period of the three hours and smoking in his company van whilst I scanned the internet and found this remarkable website.

I found out through you guys that he couldn't clamp my vehicle and phoned their office and played dumb, the operator obliged and told me I had to pay up or else and then I let him have the law regarding vehicles for self employment.

The clamp was then removed by him.

 

I need some help with what I can do now regards reporting the idiot who called parking on double yellows and smoking in a works van and what I can do about the charges, they were for a parking fine I paid by cheque and was never cashed by the magistrates, I then paid automatically over the phone but received my payment back saying it was in the hands of the bailiffs.

 

I had a letter pushed through the door three days ago saying it was a first visit notice, he never knocked as I was in the house that day and today the visit.

Charges as follows

 

£45.00 original fine.

£50.00 each for two letters total £100.00

First visit fee £50.00

Seizure costs £210.00

Vehicle immobilisation fee £75.00

TOTAL £480.00

 

I would be so grateful for any help regarding this matter.

 

Adam.

 

I am not sure from your post whether or not you have paid the bailiff?

 

Did you receive an initial letter from the company. If so when?

 

How many visits have been made?

 

I can respond further once I have these further facts.

[adammc]

Thank you for the help.

 

I did not pay the bailiff.

 

This is the first visit that I have received.

 

I have received two posted letters two weeks ago a couple of days apart.

 

I received a first visit letter that was pushed through the letterbox three days ago, the door was never knocked so that I could deal with the matter and the fee then was £195.00 in total and today it is £480.00.

 

Adam.

[adammc]

Hi.

 

Could anyone tell me if it would it be a good idea for me to send them this template letter to explain their charges and try to make them alter their fees?

 

 

The Omnipotent Bailiff Co, Plc

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 confirmation 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 certificated 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 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. If your bailiff is certificated, a Form 4 will be filed.

 

This letter 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 NAM

[hallowitch]

yes send it also send it the council with a cover letter include a copy of the letter from the bailiffs that has there charges on it

its always a good idea to include the council in all correspondence to the bailiff

if you have to take it further then the council cant say they didn't know that there was a dispute with the bailiff

[adammc]

Hi Hallowitch thanks for all your help you're a star.

 

I forgot to mention I did not give him entry to my house and he has obviously looked through my blinds and seen my sony flat screen tv, 2 settees and my dinner table and posted a green duplicate form through my letterbox which says seizure of goods and inventory and on the reverse it says walking posession agreement which is unsigned.

If he had entered his inventory would have been a lot bigger (dvd player etc etc) and my girlfriend would be a witness to this.

Also it says the inventory is to collect enough for the£45.00 parking fine and no more?? what about their charges?

I have no problem paying the parking fine and have tried to do this twice previously but the magistrates parking fines say (tough basically) it's the parasitic charges I have a problem with.

 

Would I send the same templated letter to the magistrates court who issued the original fine as well as the bailiffs?

 

Thanks again.

[adammc]

I also checked and he is certified with swift credit services (aka merthyr tydfil bully boys) thanks for the link.

[hallowitch]

its the council that fine you thats why you send it to them

 

if you get no joy then you send a form 4 to the court

 

baillifs cant levy through a window does it actualy say sony tv (he must have had a good look)

The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles.

 

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

[adammc]

Thanks again for your prompt replies and knowledge, I'm guessing that I send the form 4 (where do I get one of those from) to the county court?

Will the bailiff fees stack up in the meantime? and should i get them to put the account on hold?

 

The tv is in the bay window with a big sony sticker attatched to it and he was outside for three hours but didn't look very impressed when he had to take the clamp off of my van after my phone call to his office!!!

[hallowitch]

www.hmcourts-service.gov.uk/courtfinder/forms/form4

google that

you cant send a form 4 to the court until you have complained to the council and the bailiff

i don't know if it will be put on hold

i don't think the court will take it back (have a look round the site and see what others say )and you may have to make an arrangement with the bailiff i would put a payment plan in your letter to the bailiff saying that until you have had your complaint dealt with you will pay xxx amount by sanding order only

until your complaint if fully investigated to your satisfaction

that way you are paying the fine and you will have some bailiffs charges to pay

 

 

sat in his van across the road with a cctv camera on top

i wonder if that was working i would ask for a copy under the freedom of information act after all it was pointed at your door wasn't it

you might get a nice photo of him looking in your window

 

need to know for form 4 compliant its for council tax but it can be amended

 

below was posted by tomtubby

My comment is made on the basis of experience of the many cases that are being made to the Courts which are being rejecting on the basis that a Form 4 is the wrong course of action as the company should have first been given the opportunity to correct any mistakes.

 

A Form 4 Complaint is a serious matter and if the court agrees that the complaint is serious enough he can ultimately take away the bailiffs certificate which will lead to him being unemployed and this is possibly why some courts consider that the compliant should first be taken up with the bailiff company.

 

For the collection of council tax, if a person is "aggrieved" at a levy made by the bailiff, Regulation 46 of the Council Tax (Administration and Enforcement) Regs 1992 provide that an application should be made to the MAGISTRATES COURT .

 

The following is a TEMPLATE of such a complaint and in all cases that we have advised on, it is recommended that a copy is sent to the LOCAL AUTHORITY and the bailiff company before being sent to the Magistrates Court.

 

Any questions, please post back...

 

 

Mr Jo Blogs

1, High Street

Anytow

Post Code.

 

The Chief Clerk[/font]

xxxx Magistrates Court[/font]

 

 

 

Date:

 

Dear Sir/Madam

 

Council Ref: xxxxxx[/font]

 

I am writing to request that you issue a Summons against xxxxxxx Council by virtue of Regulation 46 Council Tax (Administration and Enforcement) Regs 1992 as a matter of urgency.

 

 

 

 

 

I am aggrieved by the levy carried out by Mr Smith of ABC Certificated Bailiffs on (enter date) for the following reason:

• The bailiff visited my premises and he has provided a Notice of Seizure of Goods & Inventory advising me that he has levied against a vehicle that was outside/on the drive of my home.
  
• This vehicle is not owned by me. I do not know the owner of the vehicle and it would appear that the bailiff has assumed that this is my car because it was parked close to my home.
  
• The bailiff in seizing this vehicle, has charged me a levy fee of £50 together with an enforcment fee of £150 and I am advised that unless I pay the amount of the Laibility Order of £xxx together with the charges associated with this levy, that the bailiff will be attending at my property to remove this vheilce to satisy my council tax arreas and in addition I will also be liable for further charges for "attending to remove" and I could also be in position of being personally liable to the owner of the vehicle.
  
• I have written to the bailiff company and the local authority concerning this levy but my complaints have been ignored.
  

I trust that this information will be sufficient and please do not hesitate to contact me if you require any further information.

Yours faithfully

[hallowitch]

I'm just having a wee look round make sure its the council not the magistrate court that issued the fine that you complain to

about bailiffs charges for parking ticket

 

had a look and i was correct its the council that you complain to

i just wanted to be 100% sure before you sent it

Edited July 24, 2009 by hallowitch

[adammc]

The original ticket was issued by cardiff city traffic wardens and is now in the hands of south wales magistrates court.

I will write one of the letters to the council then and one to the bailiffs, I'll draw them up and post them on here if that's ok.

 

(A Form 4 Complaint is a serious matter and if the court agrees that the complaint is serious enough he can ultimately take away the bailiffs certificate which will lead to him being unemployed and this is possibly why some courts consider that the compliant should first be taken up with the bailiff company.)[/b

 

a serious matter is stopping a man from making his livelihood by clamping his van there is nothing more serious for somebody to do than that, especially when that man has mouths to feed, do these people gain some sort of sick satisfaction from there limited powers, this bailiff certainly seemed extremely pleased with himself when he clamped my van.

If everybody who has dealt with these fraudulent criminals made formal complaints then maybe they would think twice about their illegal activities.

I'm going to make the complaint to his licence issuer along with the photo's I took of him smoking in the van and parked on double yellows and maybe the powers that be will see this villain for what he is and take his licence from him, I'd even give him the bus fare to the job centre.

 

Thanks for your help once again and i hope I can do something similar for you one day.

[adammc]

Is this sufficient to send to the bailiffs office?

 

By post recorded delivery and e-mail

 

24/07/09

 

Dear Sir/Madam

 

Re:

Parking fine South Wales Magistrates £45.00

2 letters from yourselves @ £50.00 pounds each total £100.00

First attendance fee £50.00 (pushing a letter through my letterbox)

Seizure costs £210.00

Vehicle immobilisation fee £75.00

 

I write following a visit by your bailiff Mr , 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 confirmation of a) your fees, and b) the original debt

 

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

 

4) Truthfully confirm in writing explaining that your fraudulent fees regarding my case are lawful and comply with legislation.

 

I suggest that whilst your charges are in dispute that the account is put on hold until this matter is sorted out.

 

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 therefore, if no satisfactory reply 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. If your bailiff is certificated, a Form 4 will be filed.

 

 

This letter is delivered by Royal Mail Recorded Delivery 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

[hallowitch]

I suggest that whilst your charges are in dispute that the account is put on hold until this matter is sorted out.

 

its a good letter but i don't think they will like idea

[adammc]

Thanks hallowitch.

 

I am also writing a complaint letter about the bailiff himself.

 

Illegal levie and clamping of my van for over three hours when he was told it is a tool of my trade as I am self employed and I lost a days work and incurred costs as a result.

 

Rude and aggressive behaviour, laughing and smirking whilst clamping my van and puffing his chest out!!

 

Illegal excessive levieing on a £5000.00 van for a £45.00 parking fine.

 

Pushing the levie form unsigned by me through my letterbox.

 

I am also attatching photo's with time stamps for parking on double yellows for a good while (whole van shots with him clearly seen at the wheel) (also smoking in the company van) (£2500.00 fine for his employers and £50.00 for him)

 

Hopefully the photo's will show his total disregard of legislation enforcing my complaints about his conduct as a certificared bailiff.

 

The pen is definately mightier than the sword!!

[tomtubby]

With the exception of bailiff fees for unpaid Magistrate Court Fines, the amount that can be charged is laid down by an Act of Parliament and recorded on a Statutory Instrument.

 

HOWEVER.....with unpaid fines this is NOT the case and there are NO STATUTORY FEES THAT THE BAILIFF CAN CHARGE.

 

Instead, the bailiff company have a Contract with the Court that provides that they can charge fees.....but these are NOT Statutory Fees.

 

HMCS have produced an Explantory Guide entitled" About Bailiffs and Enforcement Officers (EX 345) where you will see on Page 2 that enforcement of unpaid fines is carried out by Civilian Enforcment Officers (CEO's) and that on Page 3 under the heading of "Fees charged by Bailiffs/Enforcement Officers it states that:

 

"Civilian enforcment officer(CEO's) Magistartes Courts are not allowed to charge you more than the amount you are fined. However, additional costs for removing and selling goods may be added to the amount that you owe"

 

You will further note that at the bottom of Page 3 it states that:

 

"There is no statutory scale of fees for bailiffs enforcing magistrates' court fine. You can contact the Magistrates court direct and ask for the agreed scale of fees that bailiff can charge"

 

The link to the EX345 is here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

.

[Gtz]

Hi tomtubby.. forgive my ignorance pls.. why only in a Mag's Court is there no limit on bailiff's charges/fees?

[adammc]

I'm just reading the my nice green seizure notice and it says if I don't pay the original £45.00 fee and their £435.00 fee they will return to seize my goods.

 

It also says that they are to collect the £45.00 for the parking fine and that is what they have levied on so in theory I can just pay them the £45.00 which I have no problem with then pay them nothing for their fees, as long as I pay this then they can whistle for their fees as the court fine has been paid.

 

Suggestions anyone??