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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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dustbin v Equita Bailiffs. Urgent Help Needed


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I have discovered that Equita are a bit of a shower. My husband got behind with our council tax and it was sent to Equita. I sent a letter to them and the council (South Oxfordshire) saying that I would pay them £100 a month, well, no reply. I paid the money to SODC instead, and they should have informed the bailiffs, which they generally did. The bailiffs, have been round twice to discuss 'payment arrangements' ! The bailiff sent was very rude and wouldn't listen to us at all. I have rung them and asked for bank details to enable me to set up standing order and was told that they didn't give out this information. I then spoke to a very rude young man who said that I had defaulted on the payment arrangement - but how can I default on something which I have had no reply to? They also said that they had sent a book of payment slips which I never received. I tried to explain that I didn't get them but they say that I must have done. I have now written to them again 10 days ago to reduce my payment offer, and they haven't replied, yet again. I rang the bailiff 4 weeks ago and he hasn't rung me back. I am due to make a payment at the beginning of next week, but am loathe to use my debit card as they will charge me an extra quid each time. I want to set up a standing order so that I can keep track of the amount paid, but how can I when they won't give me bank details? Help please

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I have discovered that Equita are a bit of a shower. My husband got behind with our council tax and it was sent to Equita. I sent a letter to them and the council (South Oxfordshire) saying that I would pay them £100 a month, well, no reply. I paid the money to SODC instead, and they should have informed the bailiffs, which they generally did. The bailiffs, have been round twice to discuss 'payment arrangements' ! The bailiff sent was very rude and wouldn't listen to us at all. I have rung them and asked for bank details to enable me to set up standing order and was told that they didn't give out this information. I then spoke to a very rude young man who said that I had defaulted on the payment arrangement - but how can I default on something which I have had no reply to? They also said that they had sent a book of payment slips which I never received. I tried to explain that I didn't get them but they say that I must have done. I have now written to them again 10 days ago to reduce my payment offer, and they haven't replied, yet again. I rang the bailiff 4 weeks ago and he hasn't rung me back. I am due to make a payment at the beginning of next week, but am loathe to use my debit card as they will charge me an extra quid each time. I want to set up a standing order so that I can keep track of the amount paid, but how can I when they won't give me bank details? Help please

 

Hi & Welcome to the Club

 

Instead of paying the Bailiff why not pay direct to the Council, payments cannot be refused if you use their online service. I don't doubt Equita have added fees to your account and it may pay you to list them on here for what needs to be paid and what is fiction. Have you found out from the Council exactly what you owed on your Liability Order and what you still owe now. Next ask Equita for a statement of your account including a Screenshot, they may say this needs to be a Subject Access Request - cost £10 but well worth the money. Come back and we can all help advise further.

 

PT

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You say the bailiff has been round twice so lawfully they can charge you £42.50 if they have not levyed a distress on anything. The first time a bailiff visits he/she can charge £24.50, for a second visit it is £18.00. For any other visits where no levy is made and no walking possession order signed they cannot charge you anything. These fees are under the council tax (administration and enforcement) regulations 1992.

 

On another point the bailiff has no right of entry to your home unless you invite him in or they can gain 'peaceful' entry to your home through an unlocked door or window. My advice is to pay the council directly through their online banking system and not to open the door if the bailiff decides to make another visit.

Andy...

 

 

 

 

 

 

 

 

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Thanks pink-eeyore, but the bailiffs don't have a standing order facility, or anything remotely useful. They will accept debit /credit cards but stick an extra pound on for the priviledge.

They also send replies to letters that say that the contents of the letter has been noted and to refer to the bailiff, but the bailiff doesn't ring back! What a shower!

I'll ring the bailiff again but as he is rude and won't listen I don't hold out much hope.:(

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Thanks pink-eeyore, but the bailiffs don't have a standing order facility, or anything remotely useful. They will accept debit /credit cards but stick an extra pound on for the priviledge.

 

They also send replies to letters that say that the contents of the letter has been noted and to refer to the bailiff, but the bailiff doesn't ring back! What a shower!

 

I'll ring the bailiff again but as he is rude and won't listen I don't hold out much hope.:(

 

HAVE you ever let the bailiffs into your home? Providing that you have not done so, the bailiffs are powerless (they only have the 'right' to enter your premises to take your goods if they have previously gained entry).

 

If they have never entered your property and you have never signed a Walking Possession Order, you should ignore the bailiffs and make all future payments to the council. Don't even bother trying to communicate with the bailiffs: they will see that as a sign of weakness and carry on harassing you. If they call at your home, don't open the door to them and don't speak to them either. Eventually, they will get the message and give up.

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The bailiff turned up today after I spoke to to him last week. I didn't let him in. He left a letter about urgent goods removal. I rang him again, and explained yet again about the situation regarding payments. He said that 'they' would not accept the offer of £50 per month, and I explained that our mortgage was under threat. I agreed to pay them £75 a month and he is happy with that, he said that he would hold our account for two months with a possible extension ansd that he would stop all letters. He says that the debt is now over £600 ( higher than original debt passed over) with fees on. I explained that I had already paid £100 for fees and that the remainder had been credited to the account with them.

 

I have discovered that 'attendance fees' are £42.50 first visit and £18 for a second visit but nothing where no entry was gained and no levy made. A former bailiff left us a form levying on my husband's car but as it has a payment agreement they cant levy on it, which I told them.

 

They are also supposed to leave a list of their fees which they have never done, so I have no idea what they are charging for and if it is legal.

 

They have also sent us letter in the past saying that they will be in the area and will call to take away goods, but that they didn't call and no van was in the area. Is this harrassment and can I take action on it?

 

Also I have read the bit about vulnerable people and my husband possibly falls into that category as he is disbled with a long term history of depression. Should they then refer this back to the council?

 

Lots of advice please thanks,

 

Dustbin

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The bailiff turned up today after I spoke to to him last week. I didn't let him in. He left a letter about urgent goods removal. I rang him again, and explained yet again about the situation regarding payments. He said that 'they' would not accept the offer of £50 per month, and I explained that our mortgage was under threat. I agreed to pay them £75 a month and he is happy with that, he said that he would hold our account for two months with a possible extension ansd that he would stop all letters. He says that the debt is now over £600 ( higher than original debt passed over) with fees on. I explained that I had already paid £100 for fees and that the remainder had been credited to the account with them.

 

I have discovered that 'attendance fees' are £42.50 first visit and £18 for a second visit but nothing where no entry was gained and no levy made. A former bailiff left us a form levying on my husband's car but as it has a payment agreement they cant levy on it, which I told them.

 

They are also supposed to leave a list of their fees which they have never done, so I have no idea what they are charging for and if it is legal.

 

They have also sent us letter in the past saying that they will be in the area and will call to take away goods, but that they didn't call and no van was in the area. Is this harrassment and can I take action on it?

 

Also I have read the bit about vulnerable people and my husband possibly falls into that category as he is disbled with a long term history of depression. Should they then refer this back to the council?

 

Lots of advice please thanks,

 

Dustbin

 

THERE is a typing mistake in your sentence about the fees they can charge. It is £24.50 for the first visit and £18 for the second.

 

The most important point, though, is that you need to realise that the bailiffs are POWERLESS as long as you have not let them into your home and have not signed a Walking Possession Order (which I presume to be the case).

 

They have tried to DEFAUD you by adding on UNLAWFUL CHARGES, so why on earth are you still dealing with these chancers? IGNORE THEM and deal ONLY with the council. The council may pretend that you have to deal with the bailiffs but that is lies. You can pay them electronically or send them a cheque (preferably the first option), thereby deciding for yourself how much you can pay and how often. Also, you can indeed tell the council that a member of your family is classed as vulnerable. That being the case, they should not have used the bailiffs in the first place.

 

PLEASE, don't let the bailiffs take you for a ride. You have the whip hand, if you care to use it, and the bailiffs know that.

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FairPlay77 is absolutely right, The following procedure clears up the bailiffs everytime.

 

The Bailiff Company

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 itemised breakdown 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 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 arrestable 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.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data as defined under the Data Protection Act 1998.

 

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 NAME

Copied to: [NAME OF COUNCIL]

 

Send a copy of the letter to the council along with a copy of the bailiff’s fee document.

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arreats and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are 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 they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

 

If you don't get a refund in seven days or the bailiffs fob you off with excuses, download and complete a Form N1 from the HMCS website. The Defendants are addressed as:

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL]

 

AND

 

[NAME OF BAILIFF COMPANY] 2nd DEFENDANT

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

I received a bailiff acting for the defendant collecting unpaid council tax. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Council Tax (Administration and Enforcement) Regulations 1992 which prescribes £24.50 and reasonable costs for transporting a debtors goods in a van. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "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". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). 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". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court costs allowed by the court at the prescribed rate.

 

If you are on a low income then complete an EX160 fee exemption form.

 

File the Form N1 at you local county court. The claim will be defended (with the same old bailiff's ramblings) and the court will send you an allocation questionnaire. Keep all documents and receipts given to you by the bailiff and await the hearing date. Do not be bullied by bailiffs or the council's barrister to get you to drop the claim. You want ALL your money back plus your costs and interest in CLEARED FUNDS. Go before the Judge and ask for it. When the judge has awarded your judgment, always ask the judge for your "costs of today at the prescribed amount", he'll award you an extra 60-quid on top of your costs. Remember, you are a litigant-in-person and court rules say the judge must advocate for you in court.

 

When a bailiff defrauds you with his fees he commits an arrestable offence, this will keep him busy.

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and threatened to commit breaking and entering and take property unless I pay him £AMOUNT]. He charged fees £AMOUNT when the law prescribes a fee of £24.50.

 

The bailiff commits an offence under the 2006 Fraud Act. Lord Lucas sitting at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) 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 (unquote).

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where 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. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

The law can provide reasonable costs in respect of bailiffs transporting goods in a van (attending to remove fee) however no goods have been levied and no document has been signed by me. District Judge Advent on the 9th & 24th September 2008 presiding over Case 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that (quote) because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable (unquote).

 

Any offence committed under the 2006 Fraud Act is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984. Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of bailiff document giving contact details

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The bailiff turned up today after I spoke to to him last week. I didn't let him in. He left a letter about urgent goods removal. I rang him again, and explained yet again about the situation regarding payments. He said that 'they' would not accept the offer of £50 per month, and I explained that our mortgage was under threat. I agreed to pay them £75 a month and he is happy with that, he said that he would hold our account for two months with a possible extension ansd that he would stop all letters. He says that the debt is now over £600 ( higher than original debt passed over) with fees on. I explained that I had already paid £100 for fees and that the remainder had been credited to the account with them.

 

I have discovered that 'attendance fees' are £42.50 first visit and £18 for a second visit but nothing where no entry was gained and no levy made. A former bailiff left us a form levying on my husband's car but as it has a payment agreement they cant levy on it, which I told them.

 

They are also supposed to leave a list of their fees which they have never done, so I have no idea what they are charging for and if it is legal.

 

They have also sent us letter in the past saying that they will be in the area and will call to take away goods, but that they didn't call and no van was in the area. Is this harrassment and can I take action on it?

 

Also I have read the bit about vulnerable people and my husband possibly falls into that category as he is disbled with a long term history of depression. Should they then refer this back to the council?

 

Lots of advice please thanks,

 

Dustbin

 

As many readers on CAG are aware, our business deals ONLY in assisting the public with queries following a bailiff visit.

 

Over the last few years, I am astonished that the public do not ask questions concerning their debt with a bailiff.

 

Sadly, MANY bailiff companies will apply a 1st and sometimes even a 2nd visit fee to an account BEFORE they have ever attended. They get away with this because the householder does not know how much the Liability Order is for !!!! Therefore you MUST ALWAYS CHECK THE AMOUNT OF THE LIABILITY ORDER WITH THE COUNCIL!!!

 

So many bailiff companies will "levy upon a car that is not owned by the debtor". You have confirmed that this happened in your previous account. HOWEVER.......have you ENSURED that ALL CHARGES associated with this levy HAVE BEEN REMOVED ......I bet that the answer is NO!!!!!

 

A lot of bailiff companies are also using delaying tactics to avoid having to provide a breakdown of fees. If this happens.....send an FOI or SAR request to BOTH the bailiff company AND the council. This is because the local authority have immediate access to your account and they are wholly responsible for the levy and charges that have been applied to your account by their agents.

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Guest Happy Contrails

A lot of bailiff companies are also using delaying tactics to avoid having to provide a breakdown of fees. If this happens.....send an FOI or SAR request to BOTH the bailiff company AND the council.

 

A Freedom of Information Act request is about accessing public information. A Subject Access Request is about accessing personal information held about you by a company.

 

Asking for a breakdown of fees is neither of these.

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