Has Anyone Got A letter Template I could Use to complain about excessive bailiff fees?

[dawnwb]

Hi, I need to complain to my council about the excessive "attendence to remove" fee charged to me by marston bailiffs.

 

Does anyone have a letter template that I could use?

[binded]

I think theres one on tomtubby's website if you've access to that.

[dawnwb]

well yes i did but im having problems logging in, ive sent a PM to tomtubby, thanks binded x

[binded]

Sure she'll help you soon, I didn't find her site until after I started writing letters but having joined I know theres some really useful nuggets on there to be used.

[Slimrabbit]

They helped me :D

[Slimrabbit]

Hi dawn you get sorted with that letter yet?

 

Have you paid them up and are trying to reclaim fees or wanting them to deduct them off the account first?

 

Which firm and what are the fees they have added?

 

Have you got a subject access or screenshot yet?

 

Will try my best and return the help ive had off this site:)

[dawnwb]

Hi dawn you get sorted with that letter yet?

 

Have you paid them up and are trying to reclaim fees or wanting them to deduct them off the account first?

 

Which firm and what are the fees they have added?

 

Have you got a subject access or screenshot yet?

 

Will try my best and return the help ive had off this site:)

 

Hi Slimrabbit.

 

The firm is marstons

 

Have requested a subject access

 

Ive not paid thier fees yet, as soon as i got the removal notice i paid the debt via thier online payment. The debt at the time was £126 after i had paid that they have added £240 for thier fees, which i have not paid, The bailiff came to my house at 10am but i wasnt in, at about 4pm I paid the debt via online payment on thier website, they added the fees to thier online payment the next day.

Ive got 2 parking tickets that they are trying to collect, one i got and 1 my son got in my car, both of them we appealed against but never heard anything about that.

Do you know if they can charge levy on both the tickets at the same time with one visit? because when i looked on the online payment on marston website my sons parking ticket was £122 and now its showing up as £164.

All this for one visit! Oh and I never got the first letter either.

 

So at the moment they want £240 for fees for one parking ticket and £164 for the other parking ticket inc fee. Ive filed statutory declerations for both so now have some breathing space.

 

I managed to compose another letter because the first one I sent was a bit patchy.

Here it is

 

Dear Sirs,

 

RE: xxxxxxxx

RE: xxxxxxxx

 

With reference to my letter dated 19/09/09

 

I’m writing to complain about the excessive amounts of the fees Mr Reid charged me on behalf of your company Marston Group LTD. Specifically the amount of the ATTENDENCE TO REMOVE FEE of £175.

 

With reference to The Enforcement of Road Traffic Debts. (Certificated Bailiffs) (Amendment) Regulations 2003.

 

 

I would like to remind you of the scale of fees for collection of parking ticket fines

DESCRIPTION

BAILIFF FEES

1. For preparing and sending a letter advising that a warrant is with the bailiff and requesting the total sum due.

(This charge can only be recovered if a letter is sent before a first visit).

 

£11.20

2. For levying distress –

(i) Where the sum demanded and due does not exceed £100

 

(ii) Where the sum demanded exceeds£100

 

 

£28.00

 

 

28% on the first £200 due

5.5% on any additional sum over£200

 

3. For attending to levy distress but where the levy is not made.

Thereasonable costs and charges for attending to levy. But, notto exceedthe fees and charges which would have been due under 2 above if the distress had been levied.

 

Note: The aggregate costs and charges payable under paragraphs 2 and 3 are not to exceed the costs and charges allowed for threeattendances to levydistress.

4. For taking possession—

(i) Where a person is left in physical possession (close possession).

 

(ii) Where Walking Possession is agreed.

 

£5.60each day.

 

 

55p each day for the first 14 days; 5peach day thereafter.

5. For appraising (valuing) goods,

The reasonablefees, charges, and expenses of the broker. (see note on appraisal below)

 

6. Forremovinggoods, or attending to remove goods where no goods are removed.

 

 

 

7. For selling the goods listed in the Walking Possession.

(a) Where a sale by auction is held at the auctioneer's premises:

(b) Where sale is held at debtors premises.

 

Thereasonable costs and charges.

 

 

 

 

 

 

 

 

 

 

15% of the sum realised to cover the auctioneer's commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.

 

7½% of the sum realised for the auctioneer's commission, plus out-of-pocket expenses actually and reasonably incurred.

8. Where distress is withdrawn or where no sale takes place,

Reasonable fees, charges and expenses.

 

 

 

 

Please refer to section 3 where it clearly states that thereasonable costs and charges for attending to levy. should not exceedthe fees and charges which would have been due under 2 above if the distress had been levied.

 

With reference back to my letter dated 19/09/09 in this letter I included a court judgment between yourselves and Mr Cullingan which took place in September 2008. Please refer to paragraph 62 and 65 of that judgment. You will have to produce evidence of those costs to be able to charge me a fee of £175 for ATR.

 

Also in my letter dated 19/09/09 I included a subject access Request and a cheque of £10 to cover your administration costs involved with producing the information that I requested. In your letter to me dated 22/09/09 Ref: xxxxxxxx writing to acknowledge receipt of my letter, it made no mention of the subject access request that I submitted with the said letter.

Please can you send me a letter to acknowledge receipt of the subject access request? Please may I remind you that by law you must give me the information requested in the subject access request dated 19/09/09.

 

As you know I have filed an out of time statutory declaration on both parking fines and im awaiting the outcome of that.

 

I would like to inform you that I know my rights and that I am willing to pay my debts and I have already paid the account ref;xxxxxx for the parking ticket given by Wyre borough council.

 

I’m asking you to be reasonable with regard to the said fees and please be aware that if this matter can not be resolved between us then I will have no other choice but to file a FORM 4 complaint to the court.

 

As yet I have not contacted the councils concerned with the parking tickets as you are looking into my complaint and im sure that we can resolve this matter before it gets to that stage.

 

Yours Sincerely

 

Xxxxxx xxxxxxx

 

Have I covered everything??

Edited September 26, 2009 by dawnwb
personal info

[dawnwb]

I still need to do the one for the council but i needed to redo my one for marstons, sorry if im confusing im even confusing myself!!

[Slimrabbit]

Hi Dawn not much experinece in the PCN field but i would advise you to take out the line about not having wrote to the council yet and to do just that.

 

Remember the baliffs work for the council all be it as an agent but ultimatley the council is there employer and i certainly CC'd the council in on everything i sent to the bailiffs.

 

Don't know if this helps but its from one of Happy Contrails previous posts

 

The bailiff cannot charge you a fee to fix or remove a wheel clamp. In the case of Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2 others 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.

 

It means that if you ask the bailiff for a breakdown for his fees and the bailiff does not give you one (or wants to charge you a fee under a pretence a breakdown of fees is a request for accessing personal data as defined under the data protection Act 199:cool: then reasonable costs = £0.00.

 

 

Good look with the TEC and i hope someone else will be along with more info, TT is the women for the job but she does get swamped with PMs

[dawnwb]

Thankyou slimrabbit, I havent sent the letter yet only did it today and want to send it recorded. I will change that part. Ive got copys of everything so i will also do one to the council and send them copys of everything.

Yes tomtubby did offer to do one for me but like you say shes really busy at the moment and if i can sort it myself I will do. Shes been a great help to me so far, I found her website before I found this forum

 

thanks again you have been great!

[BlurredFX]

Could anyone point me to TT's website please? ta

 

PM if needs me.