In need of assistance

[heveweight]

I currently believe i am being heavily over charged by bailiffs

- One debt is the result of unpaid unversity fees. I had agreed to pay £13 a month but the company appear to be adding daily interest on top of that. The amount was initialy around £3100 including court costs I have paid off aboout £1000 but the debt now stands at around £4000.

- The second is from an unpaid parking ticket that I was unaware of. includng court costs i was told I would now have to pay £500.

I have just inherted some money and want to clear all of my debts but I believe I am being over-charged and combined the debt will require all of the money i have been left. Can anyone offer me any advice on what i can do and whether am being over-charged.

Thanks

[Steward]

You can use Google to search the web using these links below:-

[T2upNorth]

I'm sure more experienced CAGgers will be along, but I suspect sending a SAR to both will get the ball rolling....

[ambershadow]

A parking ticket is never 500 if you did know about it then file an out of time declaratio n which is available from tec website

[Happy Contrails]

- The second is from an unpaid parking ticket that I was unaware of. includng court costs i was told I would now have to pay £500.

If you were not aware of it then the council didnt follow regulation requiring the to send you a Final Notice. Contact Traffic Enforcement Centre on 08457 045007 and speak to a parking tickets expert to see you have grounds to get it cancelled. More: Info about - county court Bulk Centre - Traffic Enforcement Centre

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides:

Letter Fee £11.20. If letter arrives after first visit is made then £0.00
Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28
More than £100 - 28% for the first £200 then 5.5% on everything over £200.
If no levy is made then bailiffs can charge fees for a maximum of three visits.
Multiple fees cannot be charged for simultaenous unpaid ticket collections.

The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck or a van to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00. Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no Breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

Send this letter to the bailiff by post and by email.

The Omnipotent Bailiff Co, Plc
Their Address 1
Their Address 2
Their Address 3
Postcode

BY POST AND BY EMAIL

DATE

Dear Sir/Madam

Re: [YOUR NAME + REF]: Your fees.

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

1) The name of the court that issued the certificate for the bailiff in charge

2) Written confirmation of a) your fees, and b) the original debt

3) The name and address of the organisation that instructed you

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

Yours Sincerely

YOUR NAME

[heveweight]

If you were not aware of it then the council didnt follow regulation requiring the to send you a Final Notice. Contact Traffic Enforcement Centre on 08457 045007 and speak to a parking tickets expert to see you have grounds to get it cancelled. More: Info about - county court Bulk Centre - Traffic Enforcement Centre

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides:

Letter Fee £11.20. If letter arrives after first visit is made then £0.00
Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28
More than £100 - 28% for the first £200 then 5.5% on everything over £200.
If no levy is made then bailiffs can charge fees for a maximum of three visits.
Multiple fees cannot be charged for simultaenous unpaid ticket collections.

The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck or a van to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00. Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no Breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

Send this letter to the bailiff by post and by email.

Thanks very much for the help. I am a bit confued by the charges. So far I have receved a sveral letters from teh balffs but no one has yet come to my house. Does that mean they can charge £11.20 for every letter they send?

Also should I pay the full amlount of the fine they are asking or should i send this letter first and trey and reclam the money?

[Happy Contrails]

Can you clarify what this debt is and I'll calculate the fees & write a template.

[heveweight]

Can you clarify what this debt is and I'll calculate the fees & write a template.

The first debt was a parking fine that began at £30 and then doubled after two weeks. Apparently I was sent mail to my previous address regarding it. I then incureed court fees as a result of not paying it. It then then went to a bailiffs who have also sent several letters to my old adress and the amount now is £375. The matter has now gone on for about a year.

The second was a unpaid unversity fees from about 2005. The initial amount was 2,500. I had agreed to pay £13 a month about 2 yeas ago and have also paid drips and drabs throughtout summing to about £1000. I now owe about £4000. They said i am gettng about £1 a day in interest

Thanks a lot for your help