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Out of interest do you have CCTV in your shop?

would certainly back you up if they had not made a visit.

It would be interesting to know what they had levied on.

Had they left you any paperwork on this.

 

We do not have cctv.

They levied upon the stock contained within the shop.

Edited by T25
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I've never done it myself, fees always removed after some stiff letter writing! - but ultimately it's a case of taking them to the small claims court (county court fast track).

 

You need to write to them (the bailiffs) first, that alone may work.

 

Other people on here know more about any relevant case law to quote at them - but i will keep digging. I'm learning about this subject at the moment and I'm very interested in your particular case because it is so typical.

 

If people can club together to get a result it could be replicated to help a lot of other people.

 

I wish they hadn't refunded me, I'd love to have had a pop at them in court.

 

Watch this space....

 

(and i'd do that delete / edit)

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I've never done it myself, fees always removed after some stiff letter writing! - but ultimately it's a case of taking them to the small claims court (county court fast track).

 

You need to write to them (the bailiffs) first, that alone may work.

 

Other people on here know more about any relevant case law to quote at them - but i will keep digging. I'm learning about this subject at the moment and I'm very interested in your particular case because it is so typical.

 

If people can club together to get a result it could be replicated to help a lot of other people.

 

I wish they hadn't refunded me, I'd love to have had a pop at them in court.

 

Watch this space....

 

(and i'd do that delete / edit)

 

ok,edited.

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OK,so today I finally received the list of charges from the bailiffs:

 

feb 11 2010 debt £2245.50 (this includes the court costs)

feb 18 2010 visit 1 £24.50 (I was working in the shop on this day.No one called?)

feb 22 2010 visit 2 £18.00 This fee can only be charge if the bailiff does not get a levy on his second visit

feb 22 2010 levy fee £81.00 correct fee

feb 22 2010 walking possession £12.00 correct fee

feb 22 2010 attendance/van £300.00 this fee can only be charged following a levy

 

Whats my next move?

 

 

next move(recorded deliver)Formal complaint letter to bailiff company asking them to return unlawful fees of £318 or send you an explanation as to why they think there fees are lawful and should not be returned under The council tax( administration and enforcement regulations) 1992(amended)2006 with a copy of there complaint procedure as you intend to take the matter further which could include a form 4 complaint

 

 

Formal complaint to the council with a copy all correspondence sent to /received from bailiff company to be placed on file should the matter have to be taken to court or the ombudsman

 

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

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  • 2 weeks later...
We do not have cctv.

They levied upon the stock contained within the shop.

 

 

Did they set out a detailed description of the goods levied? Not just e.g. 4 boxes of stuff??

 

Just interested.

 

 

Impecunious! :)

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Did they set out a detailed description of the goods levied? Not just e.g. 4 boxes of stuff??

 

Just interested.

 

 

Impecunious! :)

 

Yes,not itemised but generic.

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  • 2 weeks later...

You need to apply to the court for a detailed assesment hearing, this is where a judge will asses there fees and make an order for them to return them ASAP this is very good if you have a very strong case because you can claim the costs back in the detailed assesment, However if you are not so sure it can also be very costly because if you lose you will be hit with costs from the other side.

 

LFB

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It all seems to have gone very quiet on this thread.

Is that it?Am I stuffed?Will I be throwing good money after bad chasing this any further?

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If you sent off early in April did you send by a trackable service and if so have searched RM Track & Trace to see if it was delivered. If it has then they are obviously just ignoring you. Is it possible you can post the details of the levy because if they have "all goods needed to satisfy the debt" or similar then in my view they have a problem trying to justify any charge. Their is still some mileage in this yet only it may take a little longer to resolve.

 

Have some other thoughts but let's see what is on your levy first.

 

PT

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this may help you i agree with PT that the levy may also be Irregular

 

 

 

Irregular Distress (Levy) by Bailiffs

With thanks to Tomtubby

MRS AMBROSE v NOTTINHGAM CITY COUNCIL

 

As important as the above is, the Judge also agreed that the wording on the Walking Possession was deficient in that the reference to “all other goods on the premises unless exempt” did not specify what those other goods were, and which ones were exempt. The Judge agreed that the levy was also irregular for this reason.

__________________

 

post 54 on this thread

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/200261-please-i-realy-need-3.html

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have you done what 'lets fight bailiffs' has suggested.

No,I am waiting for someone to tell me that I have a strong chance of getting my money back.He seemed less than certain.We are a small business that cannot afford extensive court costs.

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  • 1 month later...

Well,it's a long time since my last post.I am pleased to say i have good news.After constant pressure on both the bailiffs and Camden business rates,the bailiffs have been forced to refund all charges relating to my account!

It seems the bailiff in question has acted inappropriately and has been severely reprimanded.Rundle & Co. are also being called in by Camden council to explain their actions.

Here's what happened;

After months of emails and calls to both the council and the bailiffs,I finally received a reply from the bailiffs.Although they did not forward me the paperwork I had asked for,they did send me a letter stating that the bailiff had made his first visit to our shop at 19.27pm!He stated that paperwork had been left.He then stated that he had made his second visit 1 week later and had again found the shop closed(we have our opening times clearly displayed next to the door).He again said he had left paperwork.He then returned on the SAME DAY and this is when I had my first contact with Rundle & Co.To cut a long story short,he never visited the shop on the first two occaisions,he visited the residential door to the flats above.If he had visited the shop,he would have seen the opening times and the letter box.He knew all this when I spoke to him on the phone,yet chose to ignore it.He also,patronisingly,informed me that he was sympathetic to my situation and in my case he believed that I had not received any paperwork and that I should set up a direct debit because "he didn't want to see me again next year"!

So there it is,persistence has paid off.

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Yeah - i bet he doesn't want to see you next year.

 

He knows he'll be getting a max of £42.50 for two visits!!!!

 

You (and all other small businesses) should really look into setting up a LTD company to hold capital equipment, stock and assets.

 

All i own is a bag of sawdust and a Swiss army knife, the rest is rented (from said company) or bought on an "as needed basis" from stock owned by said company.

 

Best if your other half or relative is the director. Its not complicated - and there is no longer a need to file audited accounts at companies house for small firms.

 

Some peoples shops get emptied and put out of business for 'clerical errors' at the council.

 

This would prevent all such occurrences.

Edited by Thegreenpimpernel
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