I all have been away for sometime. Apparently there is a Schedule of Charges laid down for BAILIFF FEES. Does anyone know where to find this list if it is actually correct, I am currently dealing with a company that keeps getting Bailiffs around and they charge around £390 per visist. I ahve taken everyone note and will be asling for their Schedule of Charges and will give them the 7 days. I love this firum it is excellent it helped me get over £5000 back from the banks and win a County Court Case for £6000.00 so lets all keep up the good work

louise78 I have finished the first one and WON. I think the only thing that I really learnt is that you have to play them at their own Game. I think the next four times I am going to try it a bit different and take the initiative. I do not know what other think but right from the start I am going to go in at them. My idea is to launch a CPR 18 on the BANk as soon as I can after the starting court action. In this manner they will be left with either a compliance or if they try to counter with their CPR then they will risk having to explain the consequences. Hope yours goes well and if you need help we are all here with you. stevePM

Good one Guys Lets keep up the Good fight StevePM

thm you can amend you amount right up till you sit in front of the JUdge and even then you can ask the judge for an amendment. Provided that you have good reason you can amend it. I do not want to prior but what reason do you need ot change the amount Stevepm

jhamb thanks for the compliment but it just that the banks cannot do what they like to ordinary people. Watch this space my boys and wife are next Stevepm

Sorry should have taken that section out that was in my case only since they forgot or just did not send some of the statement. You should remove that section. StevePM

Jec not sure what this game is. Have you started court action yet if not then this is just delay tactics. If you have started court action then tell thenm it is not acceptable

Your wish is my command here is your defence well a draft for you. Q1.1 In relation to each charge please identify: A1.1: The information within this direction was supplied within document pack supplied to the Court. However since this has been directed the response to the requested CPR18 can be found below and within the attached spreadsheet. (a) The dates when the charge was charged A1.1 Date if each occasion when a penalty was charged to the account. It is noted that since the original list was compiled the defendant has seen fit to supply the missing information as requested within the original Data Information Request submitted in December 2006 and re-submitted in February 2007. The information has been gathered from This therefore has necessitated an amend. This amendment has been highlighted within the spreadsheet. (b) The amount of the same A1.2. The amount of the same, penalty charged to the account, is given within the attached spreadsheet, it is noted that this information has been gathered via information supplied by the defendant (Bank Statements) and readily available to the defendant without this request. It is noted that sine the original submission Claim was submitted the Defendant has seen fit to supply missing information. This information has resulted in an increase of the Claimed to £6,094.86 and interest of £1,793.14 totalling sum £7,888.00. I would therefore request that the court now accepts that the above be the amount to be repaid by the defendant. © the reason(s) given for the charging of the same The reason(s) for the charges of the same are included individually within the attached spreadsheet. This information was made available to the defendant prior to the Hearing. It is noted that this information has been available to the defendants through their own supplied information (Bank Statements). 1.2 In respect of each charge, please clarify the following: (a) is it the case of the claimant the same should not have been charged. The Claimant is aware that each charge has been debited by the Defendant from the Claimant’s account pursuant to the terms and conditions when the account was opened. However, please see my replies below. (b) if yes; please explain why the claimant contends that the same should not have been charged: The Claimant does not contend that the same should not have been charged; merely that the charge made should have represented the Defendant’s liquidated losses and not the fixed charges applied by the Defendant according to the terms and conditions in force at the time the charge was made. © if no; is tit the case of the claimant that the same should not have been charged in this amount This is exactly the Claimant’s case. Each charge debited by the Defendant from the Claimant’s bank account should not have been charged in the amount that was charged. It is the Claimant’s case that each charge is a disproportionate penalty in that each charge does not truly represent the actual cost to the Defendant. The Claimant reminds the Defendant that it has been put to strict proof in previous correspondence and/or the Particulars of Claim that the amount charged for each charge debited does truly reflect the Defendant’s costs and that they are not making a profit from such charges – in the absence of any documentation to support the Defendant’s contention that each charge debited represents the Defendant’s liquidated losses, the Claimant contends that the Defendant has no defence to the claim that each charge is disproportionate and therefore unenforceable in common law, or by the previously claimed Acts, Statutes and Regulations pleaded. (d) if yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimants contends should have been charged The Claimant cannot specifically reply to this request in that the amount that should have been charged cannot be specified because the Defendant has failed to reply to the Claimant’s request for a breakdown of costs incurred by the Defendant in applying charges to the Claimant’s account. The Defendant’s contentions that the charges are fair, reasonable and transparent are denied because of this material failure to disclose this information. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request. (e) if no please state the claimants case 2 In your claim you state "the charges are an unlawful extravagant penalty". 2.1 Please specify whether these charges applied were due to a breach of contract by the claimant 2.2 Please identify in each case the particular breach of contract (by reference to appropriate terms of the contract and the charge relates to 3. In your claim you state that the charges" applied constitutes an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999" 3.1 Please supply all of the facts relied on by the claimant in support of the contentions in Paragraph 2 above and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the Regulations.

site admin sorry about the mess cannot get use to 2007 yet

IN THE XXXXXXXXXX COUNTY COURT XXXXXXXXXXXX CLAIMANT -AND- XXXXXXXXXXXX DEFENDANT REQUEST FOR FURTHER INFORMATION AND CLARIFICATION NOTE – IMPORTANT 1. This request is served pursuant to CPR Part 18 alternatively to CPR Rule 27.2(3) 2. The reason(s) why this request has been served are set out in the claimants case which has been served on the plaintiff. 3. You are asked to provide a response to this request in accordance with CPR 19 by xxxxxxxxxx 2007 4. In the event that you do not provide an adequate response to this request by this date then the plaintiff can apply to the court for an order requiring you to provide the information requested an order to striking out the Defence. The Request The Defendant shall, by the xxxxxxx 2007 thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; The attached schedule lists the charges that the claimant is claiming form xxxxxxxxxx. 1 What is required by the defendant: i. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; ii. Whether such charge is accepted to be a penalty, and if not why not; iii. If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss; iv. If such charges are not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters showing the basis upon which the charge was calculated and all evidence to show that the charge was fair and reasonable. 2. Any witness statements. 3. Copies of decided cases and other legal materials to be relied upon.

this is not good blame MS give me 5

In the xxxxxxxxxx County Court xxxxxxxxxxxx claimant -AND- xxxxxxxxxxxx defendant Request for further information and Clarification NOTE – IMPORTANT 1. This request is served pursuant to CPR Part 18 alternatively to CPR Rule 27.2(3) 2. The reason(s) why this request has been served are set out in the claimants case which has been served on the plaintiff. 3. You are asked to provide a response to this request in accordance with CPR 19 by xxxxxxxxxx 2007 4. In the event that you do not provide an adequate response to this request by this date then the plaintiff can apply to the court for an order requiring you to provide the information requested an order to striking out the Defence. The Request The Defendant shall, by the xxxxxxx 2007 thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; The attached schedule lists the charges that the claimant is claiming form xxxxxxxxxx. 1 What is required by the defendant: i. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; ii. Whether such charge is accepted to be a penalty, and if not why not; iii. If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss; iv. If such charges are not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters showing the basis upon which the charge was calculated and all evidence to show that the charge was fair and reasonable. 2. Any witness statements. 3. Copies of decided cases and other legal materials to be relied upon.

sorry hold on this is in word 2007 let me convert it for you stevepm

Here is a draft CPR 18 case/claim No: In the xxxxxxxxxx County Court xxxxxxxxxxxx claimant -AND- xxxxxxxxxxxx defendant Request for further information and Clarification NOTE – IMPORTANT 1. This request is served pursuant to CPR Part 18 alternatively to CPR Rule 27.2(3) 2. The reason(s) why this request has been served are set out in the claimants case which has been served on the plaintiff. 3. You are asked to provide a response to this request in accordance with CPR 19 by xxxxxxxxxx 2007 4. In the event that you do not provide an adequate response to this request by this date then the plaintiff can apply to the court for an order requiring you to provide the information requested an order to striking out the Defence. The Request The Defendant shall, by the xxxxxxx 2007 thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; The attached schedule lists the charges that the claimant is claiming form xxxxxxxxxx. 1 What is required by the defendant: i. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; ii. Whether such charge is accepted to be a penalty, and if not why not; iii. If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss; iv. If such charges are not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters showing the basis upon which the charge was calculated and all evidence to show that the charge was fair and reasonable. 2. Any witness statements. 3. Copies of decided cases and other legal materials to be relied upon. Please tip my scales if you find it usefull Stevepm

Thanks hedgy06 Now it is time to start for the rest of the familly stage one done KEEP UP THE GOOD FIGHT Stevepm