Bailiff Clamped daughters car ** SUCCESS - WITHDRAWAL OF FEES**

[gina11x]

well i have just received a breakdown of the charges from the bailiffs and they are

 

1st visit- £24.50 2nd visit - £18.00 (both of which I do not believe happened on the dates stated)

 

3rd visit - would have been when the 1st letter regarding the debt was left and which i would believe more likely to be the 1st visit made as prior to this they had not made any form of contact, which i thought they would have done at there supposed 1st visit

 

4th visit - levy £40 walking possession £12 admin fee £24.50 card fee £3

 

5th visit - Enforcement fee £188

 

Well this has left me with even more questions, so any help as to where i am to direct the questions whether the council or the bailiffs would really be appreciated,

 

Ok the 1st visit which would be there 3rd visit a payment was made of £240 no record of this is on there list of payments a payment plan was agreed and the following wk the 1st payment of £120 was made, apparently then 4 days later the levy etc was done, i'm not sure what levy they are talking about as they never entered the property and although the car was seen and mentioned they were told it wasn't his car. The payments made section then shows a payment for £120 the following mth £121.50 the following mth then no payment for Aug or sept although the council received the aug payment from them and he does have bank statements showing both the £120 payments going out, then the £240 payment from this week is at the bottom although on the charges it was only £188 so what the rest of that payment was for i'm totally unsure. I have asked my son in law to get bank statements to cover the whole period they have stated as this will show the original card payment aswell. So i'm wondering why was a levy put on the car even though it wasnt his and he had already paid £360 by then, the simple question as we have bank statements to prove this moneys been paid where has it gone as it isn't shown as received which is alarming, why was he charged £240 the other day and the charge is only shown as £188. Do you think this is something i should get the council to look into or respond directly to the bailiffs and question them further about the levy and charges missing payments? It isn't very often i am lost for words but i really am this is like legal robbery its totally appalling

[seanamarts]

1st fee, no proof of visit, doubt it was made.

2nd fee as above. both visits, they should have left notification. However they will state they did. We know otherwise.

Cannot charge a WPA if one was not signed, they cant produce one of these out of the air, one would have been written with the vehicle on it.

Cannot charge an enforcement fee. Car was not the person on the LO

There is no such fee as an admin fee, so cannot charge this either as for the card fee, these are not stated in The Council Tax (Administration and Enforcement) Regulations 1992 sch 5.

 

Nothing adds up at all, which dosnt surprise me as many bailiffs pluck numbers out of the air.

 

The most your Son in law would owe at this stage is £42.50 for 2 visits, that if two were ever made, then it would be £24.50 for just the one visit.

 

Do get on to the council, let them know the levy was unlawful and so are the bailiffs charges.

[ploddertom]

Can you list the dates please? Trying to find out which fees were listed for which dates as the chances are some will be incorrect, can already see there is one charge they probably can't account for.

 

PT

[gina11x]

the dates they have are

dec 2010 1st visit,

march 2011 2nd visit,

10th may 2011 levi etc (although the missing payment of £240 was made the last wk in april when the bailiff visited and demanded a payment within 24hrs then another payment £120 was made the following wk which was 6th may after the payment plan was set up)

enforcement fee was 8th may 2012

 

I don't believe they came out in dec or march either as i do believe the vultures they are would have left something requesting money. I think the 1st visit was in april when they had to pay the £240 even though the bailiff company have decided to leave this visit out I am just glad they paid off a bank card so they can prove this money has been paid

Would it be worth requesting a copy of the so called levy to see what happens or can they refuse to show them sort of things

[ploddertom]

I assume from what you say no paperwork has ever been left with you. All enforcement companies are signed up to abide by the National Standards for Enforcement Agents part of which says words to the effect of " they will leave a notice stating the purpose of the visit and the charges applied". For a levy to be valid they must leave a Notice of Seizure either at the address concerned, the person concerned or in the case of external goods affixed to them.

 

You definitely need to see what it is they have levied upon. If they are reluctant then ask the Council as they are 100% liable for the actions & charges of their contractors.

 

PT

[gina11x]

No they have had no paperwork, even the other day when the car was clamped he said he would drop a receipt off for the £240 and he still hasn't. Thankfully they are able to prove the payments made because of his bank statements but that is all they have, oh and now an email regarding the breakdown charges. I have asked the council for a copy of everything to do with the bailiffs charges and any info regarding levies etc we're just waiting to hear back from them. Do you think it would be worthwhile asking the bailiffs to provide a copy of the levy whilst we are waiting for the council, I'm just not sure where to go from here at the min now

[seanamarts]

Yes ask for a copy of the levy, a copy of the bailiff's certificate and proof that they had visited on the dates they have stated. You also need to ask them what are their policies when said bailiff has levied on a vehicle not belonging to debtor.

[nohope]

Ask if there bailiffs vehicles are fitted with tracking systems. If they are then just ask for a print out for the dates they state he visited to show he was there when he said. The printout will give the address, time and date and amount of time spent parked up.

[gina11x]

could you take a min just to read through the letter i have written to r & r and let me know if i should add anything else please, also can they ask for a fee for any of the info requested? Thankyou once again for all your help, It really is appreciated

 

Dear Sir

Following your recent email with regards to a breakdown of charges on the above account, I would be grateful if you would provide me with the following:

 

A - A copy of the levy

B - A copy of the bailiffs certificates

C - Proof that the said bailiffs visited the property on the stated dates

D - A copy of your company policies for when a bailiff has levied on a vehicle not belonging to the debtor

 

I look forward to hearing from you.

 

Yours Faithfully

[hallowitch]

A - A copy of the levy (form 7) notice of seizure of goods and inventory

 

http://www.legislation.gov.uk/uksi/1988/2050/schedule/2/crossheading/7/made

[gina11x]

Hi thankyou will add that on, can they charge me for this do you know

[hallowitch]

Hi thankyou will add that on, can they charge me for this do you know

 

 

no they cant legally you should have been left this the day of the levy

 

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

 

5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

[gina11x]

Brilliant Thankyou very much

[gina11x]

Hi i've just had a email bk from r & r stating that the info i've requested from them falls under a subject to access request and i need to pay for it could anyone tell me if this is true please

[brassnecked]

Hi i've just had a email bk from r & r stating that the info i've requested from them falls under a subject to access request and i need to pay for it could anyone tell me if this is true please

 

Send them this one, they have to comply, cheeky so and so's SAR!!!! well sometimes it is useful but they are cheeky hiding behind it money grubbing gits but after all they are Ross 'n Robbers

 

"From:

My Name

My Address

To:

Acme bailiff Co

Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated

e - the date of the Certification.

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"

[gina11x]

Hi I sent them one like that 1st and got back a basic breakdown with some very interesting dates and numbers, so I sent them the letter below

 

Dear Sir

Following your recent email with regards to a Breakdown of charges on the above account, I would be grateful if you would provide me with the following:

 

A - A copy of the levy

B - A copy of the bailiffs certificates

C - Proof that the said bailiffs visited the property on the stated dates

D - A copy of your company policies for when a bailiff has levied on a vehicle not belonging to the debtor

 

I look forward to hearing from you.

 

Yours Faithfully

 

 

 

could I change the requests in the letter in your post to my requests in my letter, but keep the basis the same. Or is the fact i'm now asking for a copy of the levy and company policies the reason they can charge me. Thankyou for your help.

[ploddertom]

It sounds to me as if the Bailiffs are being obstructive. A Notice of Seizure is required to be left at the time a seizure of goods is made. As the Council are 100% responsible for the actions of their contractors you can ask them for a copy as the contractor is being obstructive and failing to disclose the much needed information.

PT

[seanamarts]

You should be able to get this info from the council, FOC.

[gina11x]

Ok Thankyou, They do seem to be digging their heels in with the request of the levy, i'm starting to think they might be having trouble making one up. I will get back onto the council tomorrow, so far apart from them saying they have passed this on to the recovery team they haven't said anything else so this might give them a push in the right direction. Just a thought but shouldn't R & R's company policies be free of charge surely ppl have the right to see the policies of companies they are dealing with.

[seanamarts]

http://www.rossandroberts.com/policies/code-of-practice.php

[ploddertom]

Be aware that when contacting the Council they will try to fob you off by telling you it is nothing to do with them. Each person that tells you this ask to speak to someone more senior, just remember you can't get more senior than the Council CEO and the buck stops with him. Don't take no for an answer.

 

PT

[ploddertom]

I wonder if a gentle rocket up their jacksies will focus them more. There is another thread on here where the OP was given the email of the CEO of Capita - who own R&R - strange things moved very fast after that. Maybe it is another tactic worth considering.

[seanamarts]

http://www.rossandroberts.com/policies/complaints-procedure.php

[seanamarts]

I wonder if a gentle rocket up their jacksies will focus them more. There is another thread on here where the OP was given the email of the CEO of Capita - who own R&R - strange things moved very fast after that. Maybe it is another tactic worth considering.

 

Good point plodders

[gina11x]

http://www.rossandroberts.com/policies/code-of-practice.php

 

Thankyou for this, will have a proper read through tomorrow, but from the quick glance I had it sounded nothing like the R&R that visited my daughter it almost made them sound human