Need Help! Unlawful FEES by Collect Services

[StopB]

Hi again,

 

After my Newlyn semi-victory (They cancelled most of their fees after many emails... See my previous threads) I am arguing with Collect Services for a PCN of £172 for which they are asking £558. I have contested these fees and asked for a full breakdown of them. They have sent a document including 3 LEVY/VISIT

The situation is:

After a letter by post

-1 they left a letter with important fees I couldn't pay at that time. I said I woudlnt pay the fees.

-2 Second letter even worse. I called immidiately to know what it was, they said to write to explain why I couln't pay, which I did.

-1 month or 2 later a new letter, I call saying I was still waiting for answer Thay said to wait.

-New letter, then I called again and realised that their email was wrong. Resent all the emails.

-Finaly they sent the breakdown of the fees which is as follow :

 

(months dates are not precise in my head...) But this what they pretend

 

Date

05/03/2012

05/03/2012

07/03/2012

22/03/2012

22/03/2012

24/04/2012

21/09/2012

Type

Costs 7.00

Debt 165.00

Letter fee 13.44

Visit / Levy Fee1 62.40

Attendance to Remove 149.50

Visit / Levy Fee 2 78.00

Visit / Levy Fee 3 82.80

Amount

 

 

 

TotalBalance: £ 558.14

 

I need to specify that they never attended to remove or even to levy. They just come knock once and go away straight away. Once, I opened the door and he was gone already. I called immidiately on his moblie and told him he was gone when I opened the door (I was still naive about bailiffs), he laughed and only said that I had to pay. He didn't come back or anything. They are just adding up Fees and lying.

Anyway, in their 2 last emails, they said that they never levied indeed and the charges where for VIsit/ Levy and here is their email:

Further to your email the fees applied to the account are described as Visit/Levy Fees on the statement not levy fees as you have stated.

 

The fees are applied under paragraph 3 of the regulations

 

3. For attending to levy distress but where the levy is not made, the reasonable costs and charges for attending to levy.

The costs and charges are not to exceed the fees and charges which would have been due under paragraph 2 above if the distress had been levied.

The costs and charges are subject to taxation under rule 11.

Note: The aggregate costs and charges payable under paragraphs 2 and 3 are not to exceed the costs and charges allowed for three attendances to levy distress.

 

You have been provided with a breakdown of the fees with our email dated 7/11/12 and have already confirmed that this has been received by you. The balance due remains as it was on that statement £558.14.

 

Whilst you have contacted us regarding payment you advised that you would not be paying the full amount due. Enforcement proceedings will continue until the full balance due has been received.

 

We would advise that the Warrant of execution authorises us to remove goods belonging to you if the penalty charge notice and bailiff fees are not settled in full. Please see attached copy.

 

Proceedings have not been withheld.

Regards

 

---------------------

 

Ined I tried to pay the PCN in full on 2 occasions (impossible to do it to the issuer as they redirect automatically to the bailiff)

I refused to pay when the bailiff said he wouldn't stop the action.

 

How can I answer to this please. Thanks a lot!

Maybe I could send them the official costs copy???

 

Thank you for advice!

 

Best

[ploddertom]

How old is the Warrant?

[StopB]

The Warrant is From March 2012.

Is it important?

 

Thanks!

[ploddertom]

The Warrant is From March 2012.

Is it important?

 

Thanks!

 

They only last for 12 months.

[StopB]

So this warrant is still valid for 1 month and a half and they will harass me until then.

Has any a legal letter I can reply with regarding the fees.

 

They came again today,

 

Thank you!

Edited January 28, 2013 by StopB

[StopB]

Dear all,

 

To follow up with this story, I kept arguing withem via email. They sent some "Regulation articles" to intimidate me stating that I had to pay the fees. I sent back The Regulation Articles stating what Fees should be paid according to what had been done. And since there was no Levy, I only owed them £13. I also sent Ombudsman reports with exemples of Bailiff outpassing their rights.

They said they knew the report and I still had to pay but they would accept £400 instead of500 something... As I said, the PCN is only £172.

I didn't reply. And after the 12 of march, the limit of the Warrant, they sent a letter stating that if I didn't pay within 72 hours the full amount (back to £558) they would insitgate a Court order "to obtain information to ascertain incomeand assets; attachement to earnings; third party debt order; removal of vehicle.

 

The question is can a court give authorisation to them to take money directly from my account?

 

Shall I start a formal complaint to the council, or call the Colelct Services to try to pay the PCN only and see what happens.

I am tired of this but I prefer to spend time arguing than giving my money to these thieves.

 

Thank you for any advice that can help.

 

Xx