Sar not received

[AnnieP11]

We are paying a charge of £3054.06 at £100 per week agreed.

Charges of bailiff are £25 per £100 - also charged us walking possession fee, enforcements under fee 5 disbursements under fee 12 etc totalling bill of £1255.40.

 

This is a business rent debt that went to court and landlord agreed above terms.

 

No possessions were taken,

no letter sent to indicate court proceedings,

no seizures; nothing.

 

Can bailiffs charge on these terms and this amount?

 

Thank you!!!

[sequenci]

Hello there.

 

The £100 per week, was that amount set by the court?

 

Are the bailiffs county court bailiffs or high court enforcement officers?

 

Thanks,

 

Seq.

[AnnieP11]

Think so..contact bailiff, bailiff contact solicitor and solicitor says £100 per week acceptable to claimant, although we have paid £200 6 times and they have taken £50 on that occasion - thank you!

[AnnieP11]

Also they are high court enforcement officers - thanks and £50 was taken per £200

[ploddertom]

The feesthe HCEO can charge are set by their Regulations, there is a provision under Rule 13 to charge miscellaneous fees and it is these that will rack up the charges, but they are challengeable. Have you asked for a breakdown of the fee they have charged?

[AnnieP11]

Yes

Percentage fee 78.85

Mileage Fee 24.82

Seizure Fee 2.00

Enquiry fee 4.00

Walking possession fee 5 (2) 56.30

Enforcements under Fee 5 (3) 475.00

Disbursements under fe 5 (3)

No sale inventory fee 6 (2) (b) 152.70

Disbursements under fee 12 252.50

VAT 209.23

Total enforcement fee 1255.40

 

Sounds like the chuffing shipping forecast!

 

Thank you again for your time

[ploddertom]

You say it went to court, did you end up with a CCJ for this? If so did you defend the action, can you comfortably afford the payments demanded? Were any goods seized? If so can you list them exactly as described on the Notice of Seizure?

[AnnieP11]

No. We never received notification - we were in a depot and the business was not doing well. We had missed some rental but had come to an arrangement with landlords, then we moved to a better site and now business is thriving. We owed about £2300 in rent but they owed us £1600 bond of which they have said they will return once we have paid this..we are still paying - did not defend action because we did owe them but do now think this is excessive..no goods were seized - we just moved and this was initiated but did not have any warning - nothing. We can pay comfortably now but feel increasingly as though we are been taken for a muppet.....also the bailiff came to the house and threatened to take the car but we were still paying and they said it was a mistake and very sorry so just left it - bit traumatic really when he wrote on that he would take the car.....

[ploddertom]

From wghat you say it appears you may have been overcharged. Is it possible you can scan & upload some of your paperwork - remove all personal identifiers and best done as a PDF file. It will pay to submit a Subject Access Request - costs a tenner but worthwhile as we can probably marry the charges to the events then. Be back later.

[Surfer01]

No. We never received notification - we were in a depot and the business was not doing well. We had missed some rental but had come to an arrangement with landlords, then we moved to a better site and now business is thriving. We owed about £2300 in rent but they owed us £1600 bond of which they have said they will return once we have paid this..we are still paying - did not defend action because we did owe them but do now think this is excessive..no goods were seized - we just moved and this was initiated but did not have any warning - nothing. We can pay comfortably now but feel increasingly as though we are been taken for a muppet.....also the bailiff came to the house and threatened to take the car but we were still paying and they said it was a mistake and very sorry so just left it - bit traumatic really when he wrote on that he would take the car.....

Are you a sole trader or a limited company?

[tomtubby]

Are you really sure that this company are charging £25 fee for administering payment of £100 ??

 

By coincidence, I am just looking at a copy of a Bill of Costs from a well know firm of High Court Enforcement Officers and they charged a figure of 2.5% commission on all payments received. The company that you are dealing with appears to be charging 25% !!! This cannot possible be right......

[AnnieP11]

SIMPLY

 

Been served with writ for £3000

- bailiff charges £1200

 

last July 2012 - claimant agreed on installments

- paid debt off

- bailiff has charged for walking possession fee,

disbursements,

enforcements,

seizures

- nothing was taken, seized, signed, auctioned etc

- took ages to get financial statement

 

- bailiff has taken his fees alongside claimant and added VAT eg

every £100 claimant

£70 Bailiff

£25 bailiff

VAT £5

 

- written three letters with detailed assessment from ourselves ref 2004 regs

- NOTHING BACK

 

- sent SAR

 

- just paying their fees now

 

- are these fees legal if nothing is taken?

 

Thank you!!

[padja]

what was the debt for?

[sequenci]

Can you confirm whether or not a walking possession agreement was entered into?

 

- Seq.

[AnnieP11]

No. There was no walking possession agreement!

[AnnieP11]

Also the debt was for business arrears on a business unit

[ploddertom]

How long since you submitted your SAR? Did you send it by a trackable means & if so have checked to see it was received? Have you also checked to see if they cashed the £10 payment?

[ploddertom]

Were the instalments made on a voluntary basis or with Court involvement for a Variation Order? Did you ever apply for a Stay of Execution against the HCEO?

[AnnieP11]

We paid the instalments on a voluntary basis but the solicitor/creditor/bailiff dictated how much they were willing to accept - ironic thing is that the creditor now owes us £1600 bond that he won't pay unless all charges (inc bailiff) are complete!! Anyway that is a separate matter but as for original debt - all paid now except for bailiff charges...thank you

[ploddertom]

It will be interesting to see what your SAR says as I assume it will be at odds to what you say.

[AnnieP11]

Will definitely be fraud then...will see

[ploddertom]

Some HCEO charges can only be charged as per the Regulations but the main bone of contention are those that come under Misc and it is these that can be challenged either by writing and complaining or taking it to a costs hearing - which can have adverse implications if it goes against you. As said previously look at Post 6, as if it is approaching the 40 days you may need to send them a reminder to jog their memory.

[AnnieP11]

We will take action if it goes beyond the 40 days...if the charges are justified and legal we will pay and fair enough but there are so many people saying they have been mis-charged that it started the questions in my mind...the majority of costs were for enforcement citing 5 (3) in the fees - if they have taken anything then i am absolutely intrigued..will see..thanks anyway - Night

[tomtubby]

It might also be worth asking for a copy of the Field Officers report !!!

[AnnieP11]

What is one of these...giving up the will now..so complicated..!!