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    • Do you have a previous thread about this case, lindyhop? I don't think we can advise in isolation.   HB
    • Hi Looking for help to write a letter to the courts, following agreement by the other party (claimant) to allow an extension so that i can formalise my defence.    
    • So I will plead guilty and attend court. When they ask me if I have any further thing to say, I'm planning to write it down, bring it with me so that I don't get freak out. Could you help me review it?   Dear your Honor and the TfL team,   My name is [...]. I have been studying in the UK for nearly 9 years, currently holding a Tier 4 Student Visa.   I am attending the court today for fare evasion charges that I have committed and feel ashamed for what I did. What I did was not appropriate and has caused trouble for TfL and the public purse themselves; therefore, please consider my most sincere apologies. This is my first and my last ever offence that I will ever committed.   Over the course since this happened, I have been considering on how to get back on track and be a better person for the society and for myself. I have been obeying TfL policy ever since and do not plan to repeat my crime ever again. I also want you to please consider my mitigation circumstances upon my punishment, I have been in the country for a long time for my academic research and planning to apply for a leave to remain after my study finishes, this can affect largely to my application. I am half way to my Doctorate research and I really hope that I can continue to finish my research. If there is a conviction on my record, there is a chance that my university will reconsider and postpone my research which will be devastating for my academic development which my parents have heavily invested in. Moreover, because I have been spending all my time in the country, if I then come back to my country ,I will be more lost because I have developed into the custom. My parents are now all retired and I hope after finishing my studies,I can get a good job to support them, with this conviction on my record, it will be more difficult for myself to find a good job in order to repay for what my parents have done for me.   I hope you can please consider my plea, I will be more than grateful to pay for all the unpaid fare and administration cost for the court and TfL.   Once again, thank you for listening and I apologise for my behaviour 
    • I said I want to start a change back, I said it was fraud, passed to 2 departments, and they said nothing could be done. They wish they could.   Don't use your mobile one handed and push up the screen with out thinking a cash grab is at work.
    • I think it's certainly snake oil, and may just be an enormous bluff. Cireco is not registered with ICO, nor is it named as a trading name of RLP (which it should if they claim it's under their registration).  They can't process data without consent, and I don't think their silly 'shoplifting register' falls under the data processing exemption for crime prevention or legal reasons, since all are just unsubstantiated allegations.   
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Be worth waiting for some pointers from BA before sending anything..


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Thank you both I really appreciate it 

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Hi BA

 

sorry to ask did you manage to draft something up for me?

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I have but it comes up with all the high court enforcement companies is there anything specific I should be looking for ?

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The debt has been paid the writ is no longer in force so nothing to stay and no debt to vary payments on, the focus now is to facilitate refund of the Sales Fee that was incorrectly applied, as well as possibly the Stage 2 Fee. Have you written to the company challenging the application of the fees Relava69?  Hopefully BA who is a bailiff/enforcement expert will be along again with further suggestions.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The information is here on CAG

Please be wary of users trying to direct you to other sites that want fees for helping out of you

 

 

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Feel free to post elsewhere..... if you are wishing to get personal and make  accusations.....but not on this forum.

 

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On 11/05/2019 at 08:42, Revala69 said:

I have but it comes up with all the high court enforcement companies is there anything specific I should be looking for ?

 

I do apologise for not replying sooner but the nice weather is too nice to miss I'm afraid. If I am not back later, I will certainly be responding in detail tomorrow. As you have already paid, there is no actual pressure on you. 

 

 

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Thank you BA I have emailed them and I got a response telling me that I have 14 days to submit any more evidence, photos etc. If you can add anything I will send it across to them. 

 

Best Regards 

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I have been very vocal on the subject of High Court fees for at least 12 years and when  the regulations were overhauled in 2014, I also complained about the fees at the Consultation stage. What has made the position worse is the misleading wording from Item 7.3 of the statutory Explanatory Guidance that supports the fee scale (see below):

 

 The first stage fee was correctly applied. The problem arises with the second stage fee and the sale stage fee. 

As outlined under item 7.3, if the agent was 'unable to enter into a controlled goods agreement'. he can only charge the second enforcement stage fee (of £594) if he is able to 'take control of goods in another manner'. If he is able to do so, arrangements can then be put in place for the removal of those items. In which case, the Sale & Disposal fee of £630 could well apply. 

 

In your particular case, the agent was UNABLE to take control of any goods at all. Therefore, he cannot and must not charge anything more than the Stage 1 fee. 

 

I will make a further post this afternoon regarding the steps that you should now be taking. 

 

 

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Thank you BA I will hold off sending anything back to them until I have received this from you. 

 

BR

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1 hour ago, Bailiff Advice said:

 

The problem arises with the second stage fee and the sale stage fee. 

 

Given the popularity of this forum, I should perhaps mention that sadly, it is becoming more and more common to find High Court enforcement companies routinely attempting to charge either the Second Stage fee or both....and I can see why. 

 

I don't intend to mention any particular company name (as regulars on here will know precisely which company I am referring to) but there is one company in particular who are known to request ALL fees at the initial visit. And they attempt to charge such fees as soon as they arrive at the property. With the public unaware of their rights, they get away with it...and in doing so, other companies will try to follow suit. 

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That’s exactly what happened BA when i asked for some time to check my rights I went indoors and quickly Googled the information i had to hand and when I confronted them they said they are high court officers and have more rights than a normal bailiff and I was wasting there fckin time and got his phone to call the police. 

 

I knew that they couldn’t do this but I felt so intimidated and my children where getting upset and scared I just gave in.  

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If fees have been charged when they should not have been, the regulations do indeed provide for what is called 'Detailed Assessment'. This is where an application is made to the court and a Judge will examine the fees charged to establish whether or not there has been any overcharging. In the first instance, such an application is not free. There is a court fee of around £300. 

 

With the recovery of council tax arrears, magistrate court fines or unpaid parking penalties, Detailed Assessment applications are almost unheard of. This is because;  the fees chargeable are clear as day (£75 Compliance Fee and £235 Enforcement fee).

 

Detailed Assessment may be more common in cases of High Court enforcement. Such applications can also be very risky for individuals. Without exemption, High Court enforcement companies will employ  barristers to represent them at hearings.  You will not find a solicitor wishing to represent you with such an application on a 'no win, no fee basis'. 

 

In 2014, when the regulations were overhauled, a major change took place in that all High Court Enforcement Officers were required to obtain a bailiffs certificate. Accordingly, if there has been any wrongdoing (such as charging excessive fees) a complaint can be made against the individual to the County Court that grated his certificate. There is no fee to pay.

 

However, before even considering this route, it is important that you write to the enforcement company to ask them to explain in detail what steps were taken by them to justify charging the Second Stage fee and Sale Stage fee. In your letter I would suggest that you point out that you require this information because, at this present time, you are seriously considering making a formal complaint to the County Court that granted the certificate to the officer. 

 

 

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