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Today I had a visit from Whyte and Co bailiffs. Unbeknowst to me I had a pcn stat declaration rejected by Northampton county Court. They wanted £517.84. they gave no breakdown. They never sent any letters, claiming I had lost my right to any notification of rejection or correspondence from them as I appealed. I paid them all I had (£600, and they are returning every Friday for £100 until the balance is cleared. I had to pay them as they were threatening to clamp my work van. I am being sent an N244 form by the court, but am sure they have not behaved in accordance to rules.

 

Any advice would be greatly appreciated. Thank you.

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Re : Whyte and co bailiffs.

 

Bailiffs turned up today after northampton denied my stat. dec. They have sent one letter (November 2012). This is a breakdown of their charges :(Penalty Charge: £202.00)

Postal Request: £11.20

HPI Check: £20.00

Levy Attendance: £57.00

Attendance to Remove: £175.00

V.A.T on above: £52.64

Total Due: £517.84

 

 

Is this correct? there was no van to collect my vehicle, and was their one and only visit.

 

Please advise. Thank you.

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Not sure, but i dont think they can charge a attendance to levy and attendance to remove on the same day.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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In fact TEC do NOT reject OTT's. They rely upon the statement of truth from the local authority which should outline the reason WHY the LA wish to oppose the application.

 

If the application was made truthfully then I am at a loss to understand WHY so many people fail to have the reason for the OTT's refusal to be "reviewed". This is done by way of an N244 and all enforcement will then go back on hold until the application has been "determinded".

 

The fees are wrong in any event.

 

There is NO provision with the statutory fee scale to charge a DVLA fee. This should be removed asap and a complain to the local authority.

 

The fee scale does NOT provide for a "removal fee" at initial visit. This is complete nonsense.

 

The bailiff would first need to identify the vehicle......ascertain whether it can lawfully be removed (ie: whether subject to finance or "exempt from seizure"......and importantly ......whether the goods are of sufficient value etc to cover the debt, bailiff fees, cost of removal and storage etc.

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You have not addressed the matter of the rejection of the OTT. Are you considering seeking a review and if not..is there a reason?

 

Sorry..I made a mistake with the previous answer. I meant to say that the regulations do NOT provide for an HPI fee to be charge.

 

Was the ATR fee charged at the same time as the levy fee?

 

Do you still have a car and if so, as the OTT has been rejected, you will need to be aware that unless an N244 is to filed the bailiff may recommence enforcement of the warrant.

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hello,

I submitted an N244 application this morning. I never received a letter of rejection of the OTT, hence the bailiffs turning up. I still have my vehicle, I paid them £60 (all I had), and they are returning every Friday for £100 until the balance is paid off.

Yes, the ATR fee was charged at the same time as the levy fee.

Thank you.

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No.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 months later...

hello,

have finally had a response from Whyte and Co. They have removed the HPI fee, but refuse to remove the ATR fee, saying it is permitted under regulations.

I would be so grateful for advice on this, especially legal, as I intend to continue fighting, but need precise information.

Thank you.

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