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      By lookinforinfo · Posted

      You did what??? You asked them to send you the documents that without them you had  a 100% ironclad win in Court. Why on earth would you do that? As it happens in this case, there is still enough mistakes in their PCNs and the NTH to have your case cancelled. Amd it may be that not sending those documents in the first place along with the ICO complaint and the letters from Alliance themselves which would confirm by the dates on the letters may be enough to cancel it anyway. I hope you have kept their letters as evidence? The chances are that Alliance will not actually take you to Court because of their errors but you never know.  You have made so much extra work for yourself in your WS if they decide to push their luck.though. Can you please post up their letter where they give the reason why I wasn't sent with the NTH.

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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bailiffs charges - how much is 'reasonable'?

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layer_cake

layer_cake

Posted
Posted

When you get a notice in writing saying you owe £120 for example, how much can the bailiff charge for calling round? They have added on £200 for me. This doesn't seem to be in the 2003 act, or on the bailiffs list of fees.

 

Can anyone help, thankyou. M.

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Nintendo Pü

Nintendo Pü

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Posted
how much is 'reasonable'?

 

It has to be a countable actual cost.

 

Bailiffs cannot make a gain for themselves by charging anything as "costs".

 

You can ask for breakdown of reasonable costs.

 

If the bailiff wants to charge a fee under a pretence it is accessing personal data in the meaning of the Data Protection Act 1998 then you can interpret that as the bailiff is unable or unwilling to show its reasonable costs.

 

If you receive no breakdown of reasonable costs the you have no liability to pay those costs.

 

The only bailiffs fees you will have to pay are statutory fees, 28% of the ticket, and if applies, £11.20 letter fee.

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The next generation Nintendo Wii - the Nintendo Puu

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layer_cake

layer_cake

Posted
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hi, ty for the replies folks. so in this case, the letter asking for £125 was about right as the council wanted 90 as i stupidly and very regretably overlooked it. i then asked the bailiffs office for a month to pay as i was overdrawn. they refused and upped it to 150. then without notice the bailiff took over and the next day it was suddenly closer to 400!!

 

how can this be justified legally? what reasonable extra fees can they charge eg for a visit and hand delivering a 'removal' letter?

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Nintendo Pü

Nintendo Pü

Posted
Posted

The law provides £11.20 for a letter. Only one letter fee can be charged.

 

Then its 28% on the PCN each time he visits you (max 3 visits). If no goods of yours have been moved in a van to be auctioned, then the bailiff cannot possibly have any reasonable costs for using his van or apply any other charges.

 

The law provides no other bailiffs fees.

 

If a bailiff is trying to swindle you then he commits an offence.s2 Fraud Act 2006. Bailiffs always try it on and try charging you hundreds of pounds pretending they are lawful. Bailiffs tend to give these charges some rather inventive names but the law doesnt say you have to pay them.

The next generation Nintendo Wii - the Nintendo Puu

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layer_cake

layer_cake

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Posted (edited)

TY NP ;) That's very intersting indeed. It's making sense now:

 

1. For a parking ticket, they have no right of forceful entry as i have not signed any walking possession or let em in before.

 

2. I owe the council money and the company 'reasonable' fees in their tariff and the 2003 act.

 

3. the 200+ extra charges is a figure the bailiff has invented.

 

4. they are playing on fear. power games eh!

 

5. it's game on now..... i'm not letting these bstds get to me ;)

Edited by layer_cake
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Nintendo Pü

Nintendo Pü

Posted
Posted

1. No right to break in, provided you never let the in the first place.

 

2. Lawful fees are 28% of the ticket each time abailiff visits you plus £11.20 for one letter. Reasonable costs only applies if a bailiff transports your goods in a van and selling them at auction.

 

3. Yes, bailiffs come up with al sorts of fictitious stuff to increase their fee. They are not statutory fees.

 

4. yes.

 

5. dont play their game. Just keep them out and make your car safe.

The next generation Nintendo Wii - the Nintendo Puu

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layer_cake

layer_cake

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ty NP! I have written to them saying i will pay what they had asked for, before the bailiff came round, plus 28% + £11.20. That comes out at £150 less than the bailiff wanted! i'll keep u posted how it goes and will make a donation too.

 

ps. i have promised myself to never park on yellow lines, lol :o

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layer_cake

layer_cake

Posted
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Update; I've written to them, told the bailiff the situ in a polite but firm-ish 'I know my rights and you are having a laugh matey' kind of way. He seems to have backed off and I'll pay them next week. Also, I'm submitting a claim for a refund from a previous case last year when they totally ripped me off for £300+

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