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HI i am really hoping somone can help mw. I have some outstanding fines wth Philips which were £450.00 they have been out twice so added an additional £50.00 x 2 so i now owe then £550.00. I have been making payments which they class as voluntary so it does not stop the bailiffs coming out.

I have tried to set up a monthly plan with an offer of £60.00 but they have stated the minimum is £180.00.........which i just can not afford!!!

 

 

PLEASE HELP.......

 

Thanks

 

x

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Guest Happy Contrails
HI i am really hoping somone can help mw. I have some outstanding fines wth Philips which were £450.00 they have been out twice so added an additional £50.00 x 2 so i now owe then £550.00.

 

The bailiff is cheating you of £100 because the law does not provide for bailiffs to charge you fees.

 

The official advice on bailiffs fees for collecting unpaid magistrates court fines: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says …are not allowed to charge you more than the amount you are fined, however, additional costs fro removing and selling goods may be added to the amount you owe.

 

This literally means, if no goods have been moved by a bailiff then the only amount is the outstanding fine, and if a bailiff tries to tell you otherwise then he commits an arrestable offence under Section 2 of the Fraud Act 2006.

 

The law (Section 92 of the Courts Act 2003) only provides for HM Court Service to tender a contract with a fee agreement for collecting unpaid fines, bailiff companies then tender-bid for these contracts. This allows a bailiff to deduct his fee at the agreed rate out of fine paid. A fine is not the same as a debt, and bailiffs cannot lawfully increase a fine by adding fees. The contract is not legally binding on any convict or defendant unless a magistrate has made a Cost Order against the convict (very Rare!) - and that only happens when the defendant has an opportunity to defend it. A costs order will have the costs amount shown on the certificate.

 

The following procedure currently has a 100% success rate. The letter below asks the bailiff to pass a truth-test about his fees. Three things can happen:

 

1) The bailiff can try to convince you his fees comply with legislation – and you have a written confession he intended to defraud you

2) He can refund you – this is called mitigation the bailiff intended to defraud you, and accepts the opportunity to put things right

3) No reply – you can proceed with litigation against Bailiff Company.

 

In any event, you have the bailiff with pants at half mast

 

The Bailiff firm

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 looking at your documents and seeking advice there appears to an irregularity with your fees. I now ask you to provide the following within seven (7) days:

 

1) Written confirmation of your fees

 

2) Written confirmation of the original debt

 

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

 

4) Truthfully confirm in writing that 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 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. If no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically make a criminal complaint to Police under the 2006 Fraud Act and the Proceeds of Crime Act. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It 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 MAGISTRATES COURT ATTN: THE COURT MANAGER]

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HI i am really hoping somone can help mw. I have some outstanding fines wth Philips which were £450.00 they have been out twice so added an additional £50.00 x 2 so i now owe then £550.00. I have been making payments which they class as voluntary so it does not stop the bailiffs coming out.

I have tried to set up a monthly plan with an offer of £60.00 but they have stated the minimum is £180.00.........which i just can not afford!!!

 

 

PLEASE HELP.......

 

Thanks

 

x

 

The bailiff companies under Contract to HMCS are allowed to accept payment terms spread over 6 months.

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I contacted the contracts manager at the local court - with help from this forum. My daughter had recieved a fine , not paid it and the day the letter came from philips we set up an arrangement. They called the following week to take goods and charged an extra 100 pounds despite the arrangement. I had written over and over again to philips to ask why they had done this , and recieved no reply or explanation. I contacted the contracts manager at our local court out of sheer frustration as I was getting nowhere with philips. She was fantastic - she also said that philips had written to us to explain they were clearing the excess charges , we never recieved the letter!! but the charges dissappeared.

Philips are employed by the courts to collect the fines - they flout the rules and are bullies.

Write to the courts directly.

good luck

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Guest Happy Contrails

 

... charged an extra 100 pounds ...

 

I contacted the contracts manager at our local court out of sheer frustration as I was getting nowhere with philips. She was fantastic - she also said that philips had written to us to explain they were clearing the excess charges , we never recieved the letter!! but the charges dissappeared.

 

You have a right to report the bailiffs to police under the 2006 Fraud Act.

 

When a bailiff defrauds you with his fees he commits an arrestable offence. Your document is sufficient evidence and the police should at minimum, arrest the bailiff and question him under caution at a police station and the bailiffs DNA goes on the national database!

 

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 does not provide for any. The official published guidelines on bailiffs fees for collecting court fines by HM Court Service (http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf) and on page 3 under Magistrates courts, it does not provide for bailiffs to charge me any fees where no goods have been transported or sold by a bailiff. 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 have asked for a refund without success.

 

I appreciate the police have a propensity to dismiss bailiff crime to be a civil matter, but the official legal position is the bailiff commits an arrestable offence under the 2006 Fraud Act. Lord Lucas 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

 

If the police fob you off with excuses or tries a delay tactic, write down the name and rank of the police officer and contact the IPCC and your MP with a written complaint of 'Perverting the Course of Justice'. It is an offence under Section 4 of the Criminal Law Act 1967 to conceal a crime under false pretences. You will then find the police will start cooperating soon enough!

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