Help - Baliff called today and fine paid... Can I do anything about it?

[nbmckee]

Ok.... Unfortunately a not very lovely bloke from Marstons Bailiffs called today, intimidated me and my girlfriend and left with the fine fully paid £587.90

 

This is my full story: (it is copy and pasted from a draft letter to the courts)

 

Unfortunately, the first I heard of this fine was over a year ago when a letter was given to me from another (wrong) address.

 

I spoke to the lady at Cambridge Court and she advised me that I write to the courts asking for details of the fine and all the paperwork.

 

I sent the letter asking for all the above paperwork in August 2010 but never heard anything back.

 

In all honesty, I probably forgot about it and that is why I didn’t chase it,

At the time I had been unemployed for three months due to being made redundant and I was in the middle of starting a new job

and moving home so I am not overly positive that the court didn’t reply but I just never received it.

 

Fast forward the best part of fifteen months,

and you’ll arrive at the problem I received today.

 

My girlfriend arrived home from work and was followed to the door by a Gentleman, who turned out to be your Bailiff.

 

He told me that I had to pay a £587 fine today otherwise he would enter my house and take things to that value.

When I told him that it was a joint rented house with my friend and that probably eighty percent of the items in the house are not mine,

he said that was not his problem,

he was just instructed to remove items to clear the debt.

 

My girlfriend, hearing this and fearing for our friends belongings, paid the full amount of the fine, £587.90 on her debit card.

 

Leaving her practically penny less for Christmas.

 

When I told the bailiff that I had not had a letter regarding this matter for well over a year he produced a form showing every time a letter was ‘sent’ or a phone call was ‘made’.

 

None of those ever made it to me, and I would be surprised if the phone calls were ever answered as nobody from a court has ever contacted me.

 

Furthermore, after reading on the internet and in several Legal forums,

it was widely written that bailiff’s should give 7 to 14 days written notice before they attend your property, which never happened.

 

I also enclose a copy of the distress warrant as the warrant address is 49 G St, whereas my residential address is 53 G St.

 

 

My questions are, is there anything I can do to get the money back (even some of it!)

 

I have spent near on two hours trawling the internet looking for information,

and have found a Template of Statuatory Declaration,

but dont know if this is valid as I did read the letter and phone the court over a year ago,

even though they didnt reply to my letter that I know of!

 

Any help would be great!

[numbers666]

Hi,

 

Fleeced by the balliff ! Visa Debit Card = Chargeback through the bank.... "I ONLY AUTHORISED 58.79 NOT 587.90"! - BE INSISTANT WITH THE BANK DO IT TODAY, BE AT A LOSS TO WHY SUCH AN AMOUNT WAS TAKEN WHEN YOU / THE GF WAS TOLD IT WOULD ONLY BE DOUBLE FIGURES

 

This will upset the baliff firm...which is an understatement......

 

Meanwhile, before he comes a knocking again like a bad santa claus, get onto the court, get a stat dec filed before xmas SMARTLY.

 

Other more learned in such like will be along with the words you will need

 

Numbers

[nbmckee]

Thanks Numbers

 

The idea sounds good in principal, Girlfriends card is a Maestro though, will that still work?

Feel awful as i've practically bankrupt her before Christmas!!

 

Nick

[numbers666]

Hi Nick,

 

She'll have to sort with the bank BUT by going down this route, i am sure you will understand that when / if the bank refund this amount...

the fine will be outstanding, further action will need to be taken to remove the fine and extorted balliff charges and the balliffs (or scrouge as i like to call

them at this time of year) will be mighty p***ed off and will be spiting fire...

 

I deal with CB's on a daily basis, from the point of challenging them....

 

There was a change this year, whereas the amounts are refunded immediately to the payee, and then it is upto the company to prove that the charges were true and correct, which if accepted are

re-debited. Even then, the charges can be challenged a 2nd time, and after that it would goto abitration... we would not proceed at this point, as the visa scheme for example will charge the company 750 usd as a minimum for proceeding, win or lose.

 

Usually methods of proving a valid charge are signed authority / confirmation letters etc / PIN entry on PDQ machine. I'm sure the balliff did not carry a pdq machine with him / her, unless of course the card was inserted in his a**e! Did he ring the number thru to his office ?????

 

YOU MUST DEAL WITH THE SOURCE OF THE CHARGES TODAY / MONDAY AT THE LATEST.....ELSE IT WILL GET WORSE...

 

My advice only deals with getting the money back of the 3rd party who paid it for you.....which shouldnt have happened as it was not her debt!!

 

Good Luck to you....

 

 

EDIT - MERRY CHRISTMAS TO ALL OUR GUESTS ..... 14 at mo! Must be a quiet day....

 

Numbers

Edited December 16, 2011 by numbers666
Sarcastic Comment

[nbmckee]

Thanks again Numbers

 

I have drafted a Statuatory Declaration but have not got it signed yet as im not overly sure that I can seen as officially I did know about it when I was handed the letter in August 2010.

 

I'll wait till the pro's reply... hopefully!

[ploddertom]

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.

[nbmckee]

Thanks guys, the GF is worried that should we cancel the fee today the bailiffs could reappear tomorrow or Monday, basically before i've had chance to send off the Stat Dec.

 

Thoughts?

[numbers666]

Hiya,

 

Ok Typical timescales for chargebacks....

 

You contact your bank, they refund the money approx 2 - 4 days depending on bank.....

 

They will in this period notify the merchant ie pdq processing agent such as elavon / lloyds / barclays etc of the chargeback... and ask them to provide evidence that this is true and proper charge.

 

THEY will write to the company, the balliffs asking for such... 3 days after they write, the money will be debited from the bank account of the balliffs and sent to your bank...

..............your bank has already refunded you by this point....................

 

so...

 

its possible that the balliff company will not see this chargeback until this coming friday at the earliest....probably even between xmas and newyear more likely....get the SD done on monday, signed by a notary, send one copy to the balliffs and the other to the court - retain one incase they turn up in january....

 

I'd imagine the balliffs will be worshipping the devil or summit like that over xmas with their families, sharpening their teeth and too busy to bother coming out in the snow....

 

As long as you have a SD done, if they do show up, show it too them, it should be like garlic to a vampire, they will hiss and splutter and sulk off to whence they came.....

 

C

[nbmckee]

Yorkshire bank (whom Gf's account is with) inform us we have to get in touch with the people that took too much out...

[numbers666]

Err - No - I banked with YB and had the same card - kick off a storm!

 

How are my debit card purchases protected?

 

 

You have some protection for purchases made using Visa, Visa Electron and Maestro debit cards, through something called Chargeback.

 

The scheme makes it possible for you to claim a refund if a purchase made using your debit card is unsatisfactory, if you are billed multiple times, if you don't receive goods you've paid for, or if your card is used fraudulently.

 

You can claim a refund for any amount of money so it can also be invoked if you have problems with a credit card purchase over £30,000 or under £100 in value.

 

If you want to make a claim, you’ll have to contact the bank who provided you with the card within 120 days of when your goods should have been delivered.

 

If the goods are faulty or your card was used fraudulentyl, contact your bank within 120 days of when you are first made aware of this.

 

Ask them to initiate the Chargeback process and a dispute will be opened by your bank, who will investigate the matter and refund your money when this is settled.

 

It’s worth noting however that while credit card providers are under a legal obligation to refund you because of the Consumer Credit Act, debit card providers are not legally required to honour your refund request. Therefore a little more persistence may be needed when claiming a refund for your debit card transaction.

http://www.theukcardsassociation.org.uk/files/ukca/section_75_v3.pdf

 

But you will be issuing a SD also, this will also reset the fees....but hell and high water getting them back off the balliff

 

N

[brassnecked]

If the fees are not refunded after a stat dec you could use the small claims track ,and if they don't defend, and don't pay, send a bailiff to collect off the bailiff....

[numbers666]

If the fees are not refunded after a stat dec you could use the small claims track ,and if they don't defend, and don't pay, send a bailiff to collect off the bailiff....

 

Don't forget to issue the N1 to the PREVIOUS company address and then transfer up for a writ of fifa to the High Court to collect 751.49.... or file a winding up order a method of debt collection (sic)

 

Kidding of course, this has Never happened (picks self up off floor)