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Have had Jacobs Bailiffs attend due to non payment of a parking fine that is not disputed but overlooked. The fine was originally for £50 however would be increased to £75 due to it being out of time. Jacobs say payment of £220.06 is due and advised (verbally only refusing it in writing) that it is broken down as:

 

Fine £80 - fair enough

Letter £13.16 (however we didn't receive the alleged first letter and the 2nd was hand delivered)

Attendance to remove £94 - they have never been in the house nor asked to enter

Levy Fee £32.90 - (thought this could only be charged if they had been in the house)

 

Can anyone please advise whether these fees are justified, if not what is the best course of action.

 

Thanks to anyone for advice.

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seems like things are not quite right here as you have spotted

there are several threads here on council parking fines do a bit of reading up

this is assuming it was a council parking ticket not a private carpark?

 

more info please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You dont have to pay the attendance to remove £94. only the letter fee and 28% of the amount you are fined. Nothing else.

 

Best course of action is pay what the law says, the fine, 28% bailiffs fee and letter fee if the bailiff can prove the letter has been delivered. You can ignore the rest.

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Thank you all for your replies, Yes there are many several threads on here regarding this subject, but did feel pressured by time constraints and there bullyboy tactics. Its just reassuring that someone looks at your case and says thats clearly wrong.

 

Update - that nice Bailiff from Jacobs attended this morn at silly oclock and put a letter through the door demanding £308 now rather than the £202 from yesterday. I rang him furious that the debt can go up whilst im trying to resolve the prob without any help or input from Jacobs. when i mentioned all i wanted to do was resovle the prob his ears pricked up. He said he would remove the Atend To Remove fee (which i didnt think should be applied in any event). When i asked how much to settle the dispute he came up with a figure of £150 (down from £308 earlier today). I said i would think about it and let him know at lunch time.

 

could someone tell me where the figures could be found - ie the 28% on top of the fine. is that in the law books somewhere.

 

Thanks all for your help - feel somewhat better that he appears to be backing down.

 

Regards Pammie

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http://www.opsi.gov.uk/si/si2003/20031857.htm

 

 

read posts by tomtubby she explains that a bailiff can only charge for 3 visits the fees are worked out at 28% of the debt

http://www.consumeractiongroup.co.uk/forum/showthread.php?197308

 

have you checked to see if the bailiff is certificated www.hmcourts-service.gov.uk/CertificatedBailiffs/ the list is not always 100% if you cant find him phone

Ministry of Justice Public Register of bailiffs
link3.gif
on 020 3334 6355

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Only pay for one visit, Make the bailiff prove the remaing two visits if charged, otherwise just pay the fine and the 28%. Disregard the letter fee unless the bailiff shows you a stamped certificate of posting. Pay with a credit card

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Thanks for advice so far,checked tomtubby and very helpful however am unsure if they can add for every visit bearing in mind that only yesterday we spoke on the phone to him trying to resolve it, then he has returned this morning with a letter adding another £106 on to it!!!! Also he has said he has levied on a car parked outside the house (on the street) which isn't registered to me but to my partner (although at the same address), I have advised him it doesn't belong to me, he is free to look into that if he does bother to do so and it will confirm, however my partner is a little concerned they may attempt to move it???

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The bailiff is playing games. Contact the creditor council and tell them their bailiff is trying to rip you off.

 

More fool the bailiff if he interferes with someone elses car. Let him move it and call police reporting a vehicle theft in progresss and take lots of photos.

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Thanks for above reply however concerned re paying with credit card due to mistrust of this dubious character, also my partner's car will be unattended when we go on holiday so concerned we may come back to an empty space!!!!

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You will need to place your car securely or transfer ownership before you go. The latter is good because if the bailiff takes the car, he becomes liable for replacing it for the new owner and you get a nicer car at the bailiffs expense.

 

Dont think your partner is liable anyway so no reason why a bailiff would interfere with it.

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Thanks, just contacted the local council who were responsible, they are insisting we pay the bailiff and that they cannot deal with our enquiry, we have advised them of his behaviour and changes from £306 this morning to £150 when we pointed out certain figures appeared illegal and that the car is actually not mine that he has levied upon, they are still insistent it isn't their problem however have made promises they will ring back before 4pm when he comes to collect the car, that's the car that isn't registered to me as the debt holder but to my partner!!!!!

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your council are full responsible for all actions of there bailiffs i suggest you put a formal complaint in writing

send by e-mail (for quickness) and then by recorded delivery letter

send a copy to the bailiff company informing them both that any financial loss regarding the unlawful levy on the car through the actions of there bailiff will result in a claim against both the bailiff company and the council and a form 4 complaint against the bailiff

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We have had further discussion with the bailiff over the phone and offered to pay £102 which is the fine with £5 costs and 28% for the first visit, he refused and after having asked for £306 this morning, dropping to £150 later in the morning, his figure has now risen again to £260. We have found info on internet and sent a complaint to the council via email copying Jacobs Bailiffs in, we will keep you updated to our hopeful success!!!

 

URGENT FAO ********

Re: ********** & PCN REF B********* : Visit by your bailiff, *** ***** (on behalf of Jacobs Bailiffs) on 16.8.10 and 18.8.10 Formal Complaint Stage 1

I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs. Despite several calls to the council regarding complaints about the above named bailiff we have had no satisfactory reply from you and feel that the only way forward is to now provide my complaint in writing and also to forward the complaint onto other relevant bodies.

In relation to the above matter the bailiff you instructed has:-

• over-charged me in fees as laid down by the The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations, thus I believe committing an offence under Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006

• Charged a fee that is not prescribed in law – I.E. a van fee

• Charged me an “attending to remove fee” on his 1st visit

• Seized goods that are not mine namely a motor vehicle without first checking ownership (as per the Ombudsman’s Recommendations April 2010).

• Failing to provide a written scale of charges despite repeated requests.

• Failing to provide a written breakdown of his fees despite repeated requests.

(this is not an exhaustive list of complaints).

Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 and anyone receiving or benefiting from the proceeds of a crime may be subject to a criminal investigation.

I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. While I am quite sure the council did not intend to contract an individual who I believe has been defrauding a member of the public in this way, They may be bailiffs but that does not make them less liable than any other public service contractor. A bailiff is in a position of trust and in abusing that position they commit an offence under Section 4 of the Fraud Act 2006.

As I stated in the telephone calls to the council I don’t deny the debt I owe, but I don’t appreciate the aggressive, intimidating non-cooperative and indeed illegal methods used by the people you employ. I cannot and will not deal with such people, so would you please instruct that they stop Harassing me immediately, and would you find some other way in which I can repay my debt to the council.

I look forward to hearing from you as a matter of urgency. Could you please contact me on *********** regarding this matter

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thats a very good letter i would also add to it that you did not receive the initial letter from Jacobs informing you that they had been instructed to collect the debt (this letter is sent to give you the chance to pay before its handed to the bailiff for collection ) and the first you knew it had been passed to Jacobs was when the bailiff left notice

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