bailiff visit for partner

[CrappoMan]

Hi,

 

I'm in a similar situation with Philips but i'm the "other half".

 

I have a mags court fine which is now paid, i paid online directly to the court so the money should arrive at the bailiffs soon and they should pay the money back to the court to pay off the fine.

 

So the only outstanding issue is their costs, £275 for one very brief visit, where he knocked and posted a letter, no van (as my other half was at home and saw him in a blue car, he only knocked once and only stayed about 10secs).

 

I have knocked up a letter and would appreciate your thoughts before i send it:

 

 

Name

Address

 

 

18th February 2011

Philips

PO Box 251

Darlington

DL1 9GG

 

BY POST AND BY EMAIL

 

Dear Sir/Madam

 

Re: xxxx xxxxxx

 

I write following visits by your bailiff, however after looking at your documents and seeking advice there appears to be several irregularities:

 

Warrant Validity

 

As specified in the “HMCS - Specification for Private Enforcement Provision”, section 6.13 (page 7):-

 

“Unexecuted Distress or Financial Arrest Warrants shall be returned to the issuing court within 90 days of receipt on a weekly basis.”

 

Also, section 1.24 (page 32) states:-

 

“In all cases, enquiries shall be conducted within the 90-day validity period of the warrant.”

 

As the first dated contact from yourselves was dated 04/11/10, security code XXX, more than 90 days have passed since you received this warrant. It has not been executed and is no longer valid so should have been returned to the issuing court.

 

 

Payments

 

As specified in the “HMCS - Specification for Private Enforcement Provision”, section 6.27 (page 9):-

 

“In respect of warrants issued for Distress the Contractor shall apply monies received from Defaulters in relation to any given warrant to the court penalty first, with its own fees to be paid afterwards.”

 

As I have paid £XXX.XX (the full amount) directly to the issuing court, this amount has been passed to yourselves and as directed above, this money should be allocated to pay the outstanding fine first with your fees being paid out of any leftover money.

 

 

Fees

 

As the court fine has been paid, the only outstanding issue is your fees and there appears to be several irregularities with them. 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 remove these unlawful fees from my account and provide confirmation in writing that these fees have been removed by midday the seventh (7) day from the date of this letter.

 

 

When replying to the above request, please remember that 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 response is made to me by 12.00 midday seven (7) days from the date of this letter I will make an official complaint to the Court Contracts Manager with the intention of having your contract revoked.

 

 

Summary

 

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

 

 

 

XXXXX

 

 

Copied to: [NAME OF MAGISTRATES COURT ATTN: THE COURT MANAGER]