Claiming back Baillifs charges

[tiglet]

First thing you need to do is write to the bailiffs head office, cc-ing in the council, stating the account is in dispute as you do not believe the charges to be accurate and that you expect no further action to be taken until this situation is resolved. Ask them to provide a full breakdown of costs, including what the fee consists of (showing appropriate receipts if applicable), when they visited, the name of the certified bailiff and the court at which he was certified.

 

Give them 14 days to provide thsi information or advise them you will report the matter to both the court which issued the liability order and the local government ombudsman.

[tiglet]

OK sweetie, then you need to send a LBA to the bailiffs to reclaim your charges. It's the same principal, but advising them that unless they provide the evidence or refund your costs, within 14 days you will start a small claims court action against them.

 

pm me or post letter here if you need any advice about doing this.

[tiglet]

It's basically fine, but I would include the following paragraph:

 

"If you believe the charges I have incurred to be legitimate, I would ask you to provide the name of the bailiff, the court at which he was certified, the date you believe the visit took place and what the fee consists of (please provide receipts where necessary)."

 

This can show the court later that although you strongly repuduiate these fees, you have given the bailiffs an opportunity to prove they are lawful before you commenced action - it will look good if it has to go in front of a judge, basically.

[tiglet]

I would personally allow 14 days - it again would show a judge that you have been reasonable in allowing them sufficient time to investigate - you can state 7 days, but IMO, 14 would look better.

[tiglet]

They are responsible for the bailiffs and should look into it for you - if no joy, threaten them with the local government ombudsamn.

 

And you are more than welcome - let us know how you get on.

[tiglet]

Wait the 14 days you gave them (plus two to allow for postage). They may take you right up to the wire on this, but it's a matter of showing that you ahve been fair, even if they ahve not.

 

Then, yes, start your claim. But also advise the local government ombudsman and your local councillor who will bring pressure to bear on the council.

[tiglet]

Oh, and report the bailiffs company to the magistrates court.

[tiglet]

In that case, the county court.

[tiglet]

Well, after the post has arrived tomorrow (if there's no response in there) submit a complaint to the following:

 

1. Your local councillor

2. The local government ombudsman

3. The county court who certified the bailiff

4. The magistrates court who granted the liability oredre

5. Any trade associations the bailiff belongs to (pm me the company name and I will check for you)

 

Then sit back and wait for all of the above to do their job and get back to you.

[tiglet]

Personally, I would wait until the people mentioned ahve had a chance to do their stuff - it may take some of the hassle out of it for you.

 

However, if you wnat to go ahead and start that process while also informing the relevant people, that is up to you. If you give these people asy a week to investigate, it may just help you with your case if it does come to court.

 

It will also put the frighteners on the bailiff company and that may encourage them to hurry up an dsettle.

 

Basically, honey, either way is fine and it's completely your decision how you want to go about doing it.

 

Either way, good luck, and let me know.

[tiglet]

Yup, just proceed with the complaints - you have attempted to resolve it with the bailiff company and tehy ahven't played ball, so time to up the ante.

[tiglet]

IMHO, no - it's to get you off their case. The law is perfectly clear and don't let them fudge the issue.