Bailff fees

[reidstar246]

Good Morning I would really like somebody help in this matter.I have had two fines from Newham Council in which they instructed newlyn to collect on their behalf. I had been in contact with the council and I sent them a cheque which they cashed and informed me that My account is now closed. They have failed to notify the bailiffs that the pcn's are paid and I am still being harrassed by the bailiffs for charges.My vehicle was never seized and Newham Council are also refunding me £15.00 for overpayment.Please could someone let me know what i can do. I have emailed formal complaint to Newham Council and also to Newlyn Bailffs and have not had a response.SOMEONE PLEASE HELP ME.

[seanamarts]

Have you had a response from either yet.

[wonkeydonkey]

Hi and a warm welcome to cag.

 

Can you give a little more info please so caggers can give right advice

 

when were they issued?

did you receive a further steps notice from the council?

had you paid the fines prior to any Bailiff visit/s?

what charges are they trying to claim?

etc.etc.

 

 

WD

[reidstar246]

HiThe pcn's were issued last year I contested two of them and was told by Northampton CC to pay a hundred pounds to Newham. I then contacted Newham because they had referred the tickets to Newlyn which I wasn;t aware of at the time. I contacted Newham in January and told them that I am going to be sending a cheque for the balance because I am going to have to stop working because an illness in the immediate family. I sent a cheque in January 2012 and they cashed in on the 12/1/12. They also called me up to inform me that I need to pay £15 on my debit card and the case would be closed, subsequently the case is now closed I am being refunded £15.00 by the Council but they have not informed Newlyn of this. Newlyn are still chasing me for £1200 for two tickets plus the fees I have been calling Newham Council and the bailffs but getting no joy. Newham will not notify the bailffs . I am going round in circles. My car has not been seized.I did not pay the fines prior too the visits because I was contested them.

[reidstar246]

I have not had a response yet.

[reidstar246]

Good Afternoon

 

i am currently in the process of going through the complaints procedure with Redbridge council.

 

They passed ny council tax arrears to Equita last year which I have been paying each month.

 

The problem started in March with this company claiming that I cancelled my dd when I did'nt

 

then they got 2011 tax bill which i increased to £150.

 

april 25th Equita bailiffs knocked my door and then barged passed me into my kitchen.

where i was assaulted by this bailiff.

 

The police are now involved and it turns out that the bailiff was uncertified.

 

I have received stage one from Redbridge who actually lied and tried to give another name of Dennis not rememebring that I had the original paperwork.

 

I need to find a solictor that deals with Council complaints like this because I want to sue Redbridge Council.

 

also the debt was £95.80 Equita increased in that day by £234 and they were demanding cash of £329.

 

Please can you advise.

I know I have to go through the complaints stage with council.

[seanamarts]

I do apologise for no one getting back to you on this.

 

Have you anything back from your complaints yet.

[seanamarts]

Your threads have been merged, this will make it easier to follow your issue you have with the bailiffs. once again I do apologise for not acting sooner on this.

[reidstar246]

Hi I have gone through two stage complaint with Redbridge Council they are still trying to say the bailiff is certified and he has used his middle name to be a certified bailff. The name on the forms which I had to sign says **** ***** on the Ministry of Justice site the name is ****** Redbridge and Equita are claiming the guy uses his middle name thats why **** is not showing IS that correct.?I thought that to become a certified bailiff you have to give your forename and surname and also give your place of work.well this***** ***** is not showing working for Equita.Is there anything that says that the bailiff to become certified must use his first and last name.Cllr Hatfull is now getting involved in this case and is supporting me. i am seeing him tonight.I just need something that says that they must use thir first and last nameCheersamanda

Edited June 11, 2012 by seanamarts
taken out bailiff name

[seanamarts]

I will check the bailiff register, one mo

[seanamarts]

He is down as working for Ross and Roberts until 2013. Equita are claiming he is working for them?

 

They have to inform the court who certificated them that they have changed employer.

 

I doubt very much that they can be certificated in one name and then use another to sign forms.

 

Am just going to have a look

[reidstar246]

hi againI am also going through with the Osbusdman regarding a parking ticket that was passed over to the bailiffs but in January because of Illness in my family Newman Council told me to pay them the debt and then they will notify Newlyn. Well they didn't notify the bailiffs and they were chasing me for fees for 3 months until I told them that because nothing was levy there are no fees outstanding so they wrote to me and told me I do not need to pay anything.The osbusdman are being really difficult its like they do not know the law. I sent him a CAB handbook regarding fees basically stating no debt no fees but now he wants to know where the law states this.Please can you help with this just something stating the law regarding fees.I do not want him to throw out the case

[seanamarts]

The Ombudsman dont know this?? thats a bit odd, they should be well aware of what can be charged etc

 

Have you approached you MP on this

[reidstar246]

not yet. I am going to see what the outcome of the Ombudsman final letter. It just drives me crazy when I first approach the Ombussman he was basically going to write off the first stage because he said I should of paid the fee.I have been coaching him the whole way " no debt, not fee" if his decision is negative I will then approach my mp.I need to get something going regarding Bailiffs a petition that I can take to 10 Downing street. These bailiffs are loan sharks.Do you know where i can find this information with the law that states "no debt no fee"

[tomtubby]

The legal position with parking tickets is that IF payment is made BEFORE SEIZURE then the bailiff cannot use the warrant to enforce for his fees.

This was confirmed in the High Court case of JBW Group v Westminster Council.

You have “tendered payment” of the amount of the Warrant of Execution before seizure and accordingly, in light of this payment, the bailiffs right to distrain on goods CEASES (Bennett v Bayes 1860) and that it would be ILLEGAL for a bailiff from Newlyns to levy upon goods to cover his fees.

 

Personally, I would not take legal action against the local authority. Instead, you should go through the proper complaints procedure and then if you are not satisfied, ref the complian to the Ombudsman to resolve.