Baliff fees after nearly paid all

[ploddertom]

I am able to follow the Fees charged but there are still some questions that need answering - in particular why all the Arrangement Fees and under what Rule they were applied.

 

"Enforcement 13.12 and the inventory fee were on the day he called with the writ, 7th june,

but 12 attend and admin and mileage fee were on the 11th may ?" - the 13.12 & 12 attend do not refer to dates but under what Rule they have been charged.

 

Do you have a copy of the Order from the Hearing on 20 June 2011 to tell us what happened.

You had previously been granted an interim Stay pending this Hearing.

I also asked previously as to what items were listed on Walking Possession Agreement.

Also need to know when you asked them to prove you asked for a top up service & their response.

If you listed these previously I may have missed them.

[cassyuk10]

Sorry for delay in answering your questions, will get the papers out tomorrow,

 

I haven't felt too good last couple of days, but I really need to sort this,

 

I am ringing the court tomorrow, to see what I can find out ,

 

so as soon as I have done this, I will answer you, thank you for replying to me.

[ploddertom]

Sorry to say but you will not find out much by ringing the Court.

[cassyuk10]

Well , well , well,

another dodge thrown into the mix,

 

finally got the court today who had some {very little} info,

but the lady who I spoke to was very helpful,

 

in the fact she told me the original CCJ was in fact on 22nd nov 2010 ,

which I knew nothing about,

no letters nothing,

so THAT was why the HCEO turned up on my doorstep!

 

When I asked her about letters sent out ,

she said she only had basic info,

because they only keep information for 3 years,

funny that ,

 

when I asked her how come HCEO fees were already on the writ when I did NOT know about the ccj she just told me to ring the claimants solicitors,

 

I had been in contact with HCEO after they visited me , and they didn't tell me about it either ???

 

So there were fees on the court paper ,

and fees added after the stay ,

which was kept,

because they didnt accept I hadnt signed for their top up service,

 

but if I had known about the ccj I could have put that in the form before I requested the set aside,

 

back to the paper sorting,

 

any advice to what to do next please, as am not going to give up !

 

I also meant to say I had offered them a monthly payment , I just don't understand why I have been paying money to HCEO instead of court?

[dx100uk]

huh

we told you in post 2 about the CCJ

its the only way HCEO could ever be involved in a consumer debt.

 

 

and numerous times since

 

 

thats why we keep asking about what you got set aside

that's what you do with a CCJ...

[cassyuk10]

Well I couldn't say as didnt know !

 

 

I just thought that the oil company had done it so the baliffs came and served writ, and then went from there,

 

 

I have not been in debt so dont know about any of this,

thank you all for advice so far,

 

 

so is there anything i can do now to claim these fees back which are not right ?

 

Hi, I posted . as not understanding all this stuff, that I only just found out today that this debt was taken to court in 2010 and I did NOT know about it until the HCEO came to my door in 2011,

 

 

if I had known that it had been to court before that day,

I could have put that as the reason for set aside rather than saying the claimant had made mistakes, and maybe had more of a chance,

I had been collecting evidence and making offers to oil company and trying to get proof that I had NOT signed anything ,

 

 

I wasn't trying to get out of paying , as I had already made 2 offers, which they refused,

I just needed time to pay.

 

 

Because I couldn't pay the whole amount on that day,

he took inventory and told me to ask for set aside,

which I did on 10th of June

and it went to our local court on 20th june 2011,

 

 

It was £ 795 inc judgement fee of 65 .00 and all the other fees took it to 1920 ,

but now they have added more,

 

 

when I asked for breakdown { which is what I will be having before long}

there is a breakdown on my post which my daughter put on for me,

would you please have a look at it ?

 

I think I may have attached the files correctly.

I had my daughter paint out the identifying details.

Please let me know if this hasn't worked,

 

Thanks again for any help

 

Sorry, one more document, which is the bailiffs breakdown.

 

Attached Thumbnails Attached Thumbnails

docs1.pdf‎ File downloaded 24 times

[dx100uk]

what the bailiff probably said was to set aside the CCJ - NOT his involvement.

the latter of which is what you seem to have done.

 

if you'd set aside the CCJ, you would not have been in the situation now

that is my take on what has happened.

 

i'll let the more those more familiar with HCEO fees answer the other question.

[cassyuk10]

O k, thanks again for your advice.

 

Can I ask if anyone has managed to see this file/document, and what do they think?

[ploddertom]

The only document I have seen is the one on Page 1, cannot see anything under Post 31 above.

[dx100uk]

post 20

 

 

dx

[cassyuk10]

I dont know if this is allowed, but can I send you in an email all the papers I have , for you to have a look at please, not for you to do anything for me, just to see what you think?

[Bailiff Advice]

Can I ask if anyone has managed to see this file/document, and what do they think?

 

Cassy,

 

I have read the scale of fees and whilst I can appreciate that they may seem high to you , the fact of the matter, is that the amount charged is very much in line with the fees charged by High Court Enforcement companies prior to 2014. The procedure to challenge the fees is as I have mentioned a few times already, and that is by way of the Detailed Assessment application to the High Court.....which should not be undertaken unless you have legal assistance.

 

I am being brutally honest here as well about your efforts to revisit the judgement itself and as to whether or not you had an oil delivery or subscribed to a 'top up' service. I personally do not think that you have any grounds to challenge this.

 

Where I continue to struggle is to understand WHY you have been making monthly payments to the Sheriffs Office since 2011 and what the position is supposed to be regarding bailiff fees. In other words..... you really MUST find out from the court what order the Judge made:

 

Did the Judge order you to make payments to the Sheriffs Office of £35 per month

 

Did the Judge order that you continue to be liable to pay the enforcement agent fees?

[ploddertom]

I dont know if this is allowed, but can I send you in an email all the papers I have , for you to have a look at please, not for you to do anything for me, just to see what you think?

 

See Post 19

[cassyuk10]

Thank for your reply,

I understand what you mean about the baliff fees,

but as I have read they have charged me for work they have NOT done,

One of the courts where it was heard has now closed down last year,

found this out when I went to see what I could find out,

 

I am going to have to ring the solicitor who dealt with this case,

I dont know if that is legally an option?

but I think this is the only way I can go now,

As for your other 2 questions, and I am being totally honest here,

all he said was I had to pay for the oil as I had used it and it had to be paid at the rate of 35.00 ,

 

I have some emails here, which I will add after taking details out,

[Leakie]

Hi Cassy

 

What BA has posted is correct in that that is what could be charged,

But it dose not mean they are correct, as you say there are charges for something that has not happened.

It may be wrong that they do this, but they have.

It is entirely up to you if you wish to challenge the fee's, but what BA is saying it could come back to bite you at a huge cost.

 

If you can get a copy of the last judgement, and check what is actually owed.

 

Leakie

[cassyuk10]

Thanks Leakie, what do you mean by last judgement?

[Leakie]

I belive you went to court for the set aside, after the first case .

please correct me if I am wrong.

[cassyuk10]

I didn't even know about the first case { which resulted in the ccj} until yesterday when I finally found the right court where there was very limited information, I was advised by HCEO to apply set aside when he turned up with the high court writ,which I really dont understand why he never told me of the ccj???

[Leakie]

Hi cassy

 

What I am trying to get at, you should have been given/sent a copy of the Judgement after the set aside,

This would have said exactly the amount you had to pay, and when by

[cassyuk10]

Dear Sir/Madam,

 

I am emailing regarding a visit today from one of your bailiffs.

 

I have had an ongoing issue with ...... over oil which was delivered to my home in (month/year). I had purchased oil from this company2 times prior, paying in full with my debit card over the telephone before the oil was delivered. I had enquired previously about having a direct debit set up but told them that I would do this at a later date and would continue to pay for my oil in full as and when required.

 

......... delivered oil to the value of (amount) in (month/year) which I had neither ordered or paid for in advance. My husband, who has mental health problems signed for the oil without being fully aware that I had not placed such an order. As a result of the unwanted oil, I contacted the company to arrange return of the oil, for which I received no response.

 

After another phone call, where Total Butler was very insistent on payment, I explained that the reason I hadn’t placed an order in the first place was that I couldn’t afford it. However, under pressure to pay, I emailed an offer of £5 per month to settle the bill. I received no response again.

 

I then received an order informing me that this matter was being taken to court by the baliff with the writ . I am disappointed that not only has the issue been taken so far as I have repeatedly contacted this company offering a realistic solution - return of the oil, then an affordable payment - given my financial situation, but also that given that I had not even ordered the oil but that my mentally unwell husband signed for the delivery yet I have had a (judgement?) passed on me, giving me a black mark against my credit profile!

 

I am now under a huge deal of stress resulting from the bailiff visit and have no way of paying the full amount due within 5 days as advised.

 

 

I would be very grateful if you would consider a monthly instalment plan within my means. I am happy to provide all details of my income and expenditure to show the situation I am in, as well as all correspondence between myself and ........

 

I am also very upset that ....... actually stated in one of the emails they sent me, that I had signed up to their top up service, which is a total lie, because I would have a mandate set up in my bank for it.

 

If required I can forward the emails which I responded to, where they had said I had'nt responded.

 

Yours sincerely ? THIS IS THE EMAIL I SENT ON THE DAY OF HCEO VISIT,

 

Dear Madam,

 

We acknowledge receipt of your email dated 7th June 2011 and note its content.

 

Whilst we appreciate your comments, we are unable to comment on the events prior to our instructions. We are enforcing a valid Judgment.

 

We would suggest that you seek independent legal advice. THIS IS REPLY TO THE ABOVE EMAIL I RECEIVED ON THE DAY OF HCEO VISIT.

 

We acknowledge your email and note the contents therein.

 

Unfortunately, we are unable to provide you with advice regarding your queries.

 

We advise you to seek independent advice concerning this matter.

 

Should you wish to forward nominal payments into our office, to facilitate such payments, our bank details are as follows, when making a payment please ensure you quote your case number .

 

Should you require any further information, please contact us on.

 

We trust you will give this matter your urgent attention.

 

Yours faithfully,

 

 

THESE EMAIL DATES ARE BETWEEN HCEO VISIT AND THE COURT DATE, THE ONE WHICH I KNEW OF !

 

Thank you for your reply concerning the above matter,

I have a court hearing in Kings Lynn county court on the 20th of June , I wont know until then what is going to happen , so I will have to wait until then to see what the judge orders.

 

Dear sir/madam

I attended Kings Lynn county court today to have this judgement set aside, but was refused,

Would it now be possible to pay the original £35.00 per month please?

I couldnt afford it, but now inlight of what happened today, I need to sort this out asap.

We are on benefits, but will have to pay I k now, as we wouldnt be able to replace anything the baliff takes, and we both have disabilities which need to keep the fridge washer etc,

My husband is diabetic and I also have problems .

So if you could please let me know if this is acceptable .

I have rang the baliff with this message as he was unobtainable.

 

THIS WAS THE DAY WHEN I WENT TO COURT FOR SET ASIDE, ,

 

We acknowledge receipt of your email dated 20th June 2011 and note its content.

 

We are currently awaiting our clients instructions as to whether your payment proposal is acceptable.

 

We will revert back to you in due course.

 

Kind Regards, THIS WAS ALSO COURT DAY, BUT WHAT IS CONFUSING WAS THE JUDGE ALREADY ORDERED ME TO PAY THE AMOUNT OF 35.00 I HAVE DONE THESE EMAILS IN ORDER SO I DON'T CONFUSE ANYONE

 

Dear sir/madam.

I have received message form Mr HCEO who visited me and he advised me to get in touch to see if you would confirm for me to pay the 35 per month on this debt, and also if it is accepted ,who do I pay it?

 

Dear Madam

 

We acknowledge receipt of your email dated 20th June 2011.

 

We have noted the contents within.

 

We have forwarded your proposal to our client for their consideration.

 

Upon receipt of our client’s decision, we will contact you accordingly.

 

Yours faithfully

 

I am writing to you to see if there has been any response yet form ?????/ on this case regards ?

 

We acknowledge receipt of your email dated 23rd June 2011 and note its content.

 

We are still awaiting our clients decision. As previously advised, we will contact you soon as we hear from them.

 

We hereby acknowledge receipt of your e-mail and duly note the content thereof.

 

Concerning your offer of payment by instalments of £35.00 per month, we have duly conveyed same to our clients for their instructions and we will advise you of their response in due course.

 

In the meantime, as a gesture of goodwill, we would suggest you commence making payments forthwith and to facilitate same our bank details are as follows:

Bank

Account Name

Account No.

Sort Code

Please ensure when making payment you quote reference .

 

Yours faithfully

 

Thank you for your reply, can I set up a direct debit for these payments please? so that I also have a record of them?

 

Regarding payments, we do not take payment by direct debit. However, as you have our bank details you are at liberty to set up a standing order with you bank for such payments.

 

Dear Madam,

 

Further to our e-mail dated 21st June 2011, we have now received our client’s instructions regarding your offer of payment by monthly instalments of £35.00 and can confirm that same is acceptable to them.

 

In view of this we would request your initial payment of £35.00 be made within the next 7 days. To facilitate such payment our bank details are as follows:

Bank

Account Name :

Account No.

Sort Code

Please ensure when making payment you quote reference

 

We would stress that it is your responsibility to ensure that payments are made on time and, should you default, we reserve the right to withdraw the facility and pursue you for the full balance, which would incur you further costs.

 

Yours faithfully

 

The Sheriffs Office

 

HI, All I can say is that I done what the Judge said and and was waiting for whoever to tell me what to do next, but I do know the sum was 35.00 and also the claimant was there and accepted the amount , I went into another room with the claimant and spoke about this debt and when we went in to see the judge that is when the sum etc was agreed. I remember asking claimant what sum would be acceptable , as I didn't want to offer and then couldn't afford it, so that was when the sum was agreed , In the last few weeks I have spoken to a person who is / was involved in the oil company , which by the way had folded .been bought out , and he had said there were no records of payments to them because of old system, have spoken to him twice since and he made it quite clear he didn't want to speak to me any more, and told me in no uncertain terms if I wanted to know anything that I should get in touch with the HCEO office .

[Leakie]

I take it post 45 would have been the date for your set aside hearing

[AndyOrch]

I would assume reading between the lines the Judge simply made a variation order of the forthwith judgment..setting payment at £35pm...I think the missing piece of the jigsaw cassy is that you normally pay the Judgment Creditor not the Bailiff.

 

Who advised you to pay £35 pm to the Bailiff and not direct to the Judgment Creditor ?

 

Andy

[Leakie]

Thank you Cassy

From the info above I agree with Andyorch

 

If you had got the set aside i Believe it would have gone back to the beginning, and no bailiff fees.

 

So all bailiff fees and CCJ stand.

 

I can not advise on the fees but others have commented already. but as BA has stated a detailed assessment, would be needed for a change if at all of the Bailiffs fees.

 

Leakie

 

Ref post 45

I would ask the HECO company for a detailed breakdown for the amounts paid.

this should itemise the payments to the creditor.

 

I can not see any way to reduce the amount owed, you must be nearly finished by now.

[cassyuk10]

Thank Leakie , I have got many charges ,but most are not broken down, I will find a way to get my money back on the charges which they have charged me for, including all of the enforcement fees, etc, f which they did NOT have to do, that is just one of them,

[AndyOrch]

Ref post 60

I would ask the HECO company for a detailed breakdown for the amounts paid.

this should itemise the payments to the creditor.

 

I can not see any way to reduce the amount owed, you must be nearly finished by now.

 

Already done at post#19