Bailiff

[LeeUK]

I had a PCN witth a Warrant of Execution of £77. All now paid with council and council confirm they accepted payment but council say that bailiff can still come after me for reasonable fees. The bailiff says these are £289 and will still clamp and take my car if I don't pay it.

How can he do this when the PCN is paid. I understand that a bailiff can't do this once a PCN is paid and the only way to recover reasonable fees is to go through court. Also he technically does not have any costs as he failed to collect the debt as it was paid direct to council.

 

[arknor]

did they try to collect it? they charge stupid money just for knocking on your door.
not that I have personal experience I just remember that bbc docu that followed them years ago

 

[Biohazard]

What actions have the bailiff taken? I take it you got a Charge to Pay in person or through the door?

Any further diligence?

£289? Jesus christ, what is the name of the Sheriff Officers and do you live under a remote rock somewhere?

 

[ince]

Rip off

 

[LeeUK]

The bailiff first sent a letter through the post then turned up few days later to levy on the car. Which is an invalid levy as no one was present and it is not signed. Also illegal as he added 3 x £11.20 visit fees on that first visit.

Then came back few weeks later with another hand posted letter adding van removal fees of £165.

 

[eatcustard]

Make him take you to court then?

 

[Biohazard]

The bailiff first sent a letter through the post then turned up few days later to levy on the car. Which is an invalid levy as no one was present and it is not signed. Also illegal as he added 3 x £11.20 visit fees on that first visit.

Ask for an itemised list of their costs, as a letter and levy will cost. They must have served you a charge to pay, which might have been enclosed in that letter.

How do you mean no one was present and it is not valid? Can you explain please.

The charges are probably not illegal, as they will have attempted to come to your door several times in the day.

Then came back few weeks later with another hand posted letter adding van removal fees of £165.

Did they take the van?

To be honest, it's starting to sound a little closer to £289 but it still seems slightly expensive.

 

[ci_newman]

And what is the moral of this story children?

 

[Biohazard]

And what is the moral of this story children?

Live in Scotland where debt protection is probably the highest standards in the UK!

As an off note, the ROI is now just introducing the concept of debt forgiveness I've been told. I've often wondered on the vindictiveness of the English system of jailing for lack of payment, ultimately it just costs the revenue more in the long run but it's different budgets so it's ok..

 

[Maccapacca]

I assume you had the opportunity to pay 50% within 14 days and ignored it then ignored the 30 days full payment then ignored 3 visits and several letters now it's got serious you moan about the costs. Did you think it would just go away if you ignored it?

 

[doofer]

As long as you have had no 'agreement' with the debt collectors (They are not Bailiffs), they can whistle for their fees, their 'contract' was made with the Council. If they want to chase anyone for lost fees it would be the Council not you. Go and see someone from CAB ASAP and get this information confirmed by a trusted source not some stranger from the internet. Do not communicate at all with the debt collection agency, even if they ring you, they will do everything they can to trick you into paying it, they CANNOT force you to pay it.

 

[Biohazard]

As long as you have had no 'agreement' with the debt collectors (They are not Bailiffs), they can whistle for their fees, their 'contract' was made with the Council. If they want to chase anyone for lost fees it would be the Council not you. Go and see someone from CAB ASAP and get this information confirmed by a trusted source not some stranger from the internet. Do not communicate at all with the debt collection agency, even if they ring you, they will do everything they can to trick you into paying it, they CANNOT force you to pay it.

You are right, in that the contract is with the council except non payment made them pursue legally them for costs which are legally enforceable even if he pays off the principle debt. The bailiffs or DCA would in this situation I imagine be collecting it on behalf of the council which would have paid for diligence. Again, I think, it would be enforceable from the same summary warrant. As you couldn't then go and get a summary warrant or writ for costs relating to another one, you'd end up in a never ending circular chain of trying to obtain incurred costs.

Quite harsh treatment all the same, I have to say, from my limited experience.

 

[DB_SamX]

If they are debt collectors and keep bothering you, send them a letter quoting harassment and http://www.debthelpuk.co.uk/administration-of-justice-act-1970/.

 

[Hyburnate]

The moral of the story is to never tell a bailiff that its your house and that you're just a visitor and that's your car, don't tell them your name.

Then they would illegally be clamping the car and they can't take you to court without your name

 

[Pudney]

The moral of the story is to never tell a bailiff that its your house and that you're just a visitor and that's your car, don't tell them your name.

Then they would illegally be clamping the car and they can't take you to court without your name

Surely a PCN would have the car reg on so it wouldn't make a difference?

 

[LeeUK]

I didn't just think it would go away. The PCN in the first place was a genuine mistake, I had paid and displayed but didn't read the sign fully. It turned out it was permit holders only after a certain time e.g. 6pm and not free like the other parking places in the area where I parked.

I initially paid the £35 which was the 50% reduction but was late in doing so. I didn't pay the rest so with court fees added I then owed £77. That is now paid directly to the council. Total paid £112.

After reading up some stuff, a bailiff can't take goods to pay his "reasonable costs" after the warrant had been paid directly to the council. He can only take me to court like any other company. But like what has already been said by doofer, I have no contract with the bailiffs and therefor do not owe them anything for the work they have not done.

 

[Biohazard]

That is absolutely nuts, one that you didn't speak to them again during this entire process and two that for such a small amount this more serious type of diligence / distraint was used. How late were you in paying? You probably could have talked a poverty stricken repayment plan with them..

By all means seek advice but you might wait a while as Citizens Advice etc are completely overstretched, underfunded, but if your van was levied (and removed?) as opposed to clamped over a PCN I would imagine they wouldn't be put off doing an earnings arrestment/attachment etc to recover the incurred costs.

 

[LeeUK]

I will contact CAB for an appointment if I can get one this week, but like you say they are probably busy.

Oh and it is a car not a van. I said van removal fees as in the bailiff turning up in a van to remove goods. So the letter said.

 

[Biohazard]

Yes I would, I would also try and get a full breakdown of the costs. It isn't unknown for excessive charging to happen, but proving it from your point of view could be more difficult.

They didn't remove the car then?

 

[LeeUK]

Nope they haven't clamped or removed the car. Nor will they as I am keeping it away from home for time being on a relative's property behind a 7ft gate.