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Battleship

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  1. Is a bailiff allowed to turn up and clamp a car and then charge a levy and attendance to remove fee (but not remove) at the same time? The PCN was paid and bailiffs fees paid so clamp was removed. Attendance to remove fees were charged at £255 + VAT. Can he also then turn up 4 months later and charge another attendance to remove fee of £255 + VAT (and again not remove the vehicle).
  2. At long last received a letter back from the Bailiff Co and need some further advice as I am not satisfied with some of the responses I have regarding breakdowns, etc. They are stating that a levy fee of £55.60 was made but the bailiff has stated on his form under Bailiffs Costs £58.52. There was no 1st visit fees listed. They are stating that attending to remove fee of £299.63 was charged but no breakdown of what this fee entailed (I think it may be for an AVR RTA whatever that is or maybe a waiting charge). I was told that the Bailiff is entitled to attend property at the time appointed (5.20 am) as the National Standards are issued as guidelines and is a recommendation not a legally binding requirement. Concerning the car being valued at approx £500. They state that the Bailiff is entitled to levy upon goods to satisfy the amount due including pcn and any costs or charges due. There costs would still be more than the car was worth. The car has done £150k, has a dent in the passenger door (courtesy of an uninsured driver), two electric windows that don't work and are sellotaped up and the engine makes a noise (a bit like chitty chitty bang bang to be more precise). If they took the car away they would in fact be doing be a favour! If they did take the car away though and incurred further costs from storage, auction, etc they would not cover their costs and would have to come back to me for more money. Would they then try and access the property again. Knowing how these snakes work could they look through my window and levy on my furniture in the front room because no-one will allow them access into the house (and the dogs might lick them to death!!!!!!) I requested a screenshot of my account but have received a list of account details stating credits and debits of account. Do the bailiffs have to complete a worksheet of some sort e.g. visited premises on 21 Jun 2010, no one in, letter left, etc). Should I now request a SAR?
  3. If your van is used for work they cannot clamp it as I believe it would be an illegal levy. You should write to the Bailiffs and get a breakdown of their fees, etc. to see what they have charged you for. They can accept monthly installments but obviously they want the full amount. They also add a charge for using a debit card. More money for their pockets.
  4. The Company is Swifts and the bailiff's name is on the certificated list (if he is the bailiff) but not as a direct employee of the company (I am therefore assuming he is self-employed). As I am at work a friend of mine has spoken to him. The Bailiff is saying that £523.39 is outstanding (the Form 9 costs. This is not very clearly stated on the Notice of Seizure form) but will accept £223.76 as part payment and remove the clamp and we can come to an arrangement to pay the outstanding amount. My friend agreed to pay £223.76 but said that he would not come to an arrangement about the rest of the money and he would have to speak to me. Another point is that the Form 9 (a green form) that he completed and the Notice of Seizure (pink form) have differing amounts on. I am worried now that if I pay the £223 and he has levied on the goods that I am now responsible for the full amount of £523. This is, as far as I know, the first visit and no other letters or paperwork have been dropped through the letter box. I will request a full breakdown of the costs they are charging and an explanation about the incorrect date, time they clamped the car etc (I know no one knocked on the door at 5.20am as the dogs would have barked). As stated before the car is only worth approx £500 should I mention the fact that the car if sold at auction would has insufficient value to cover all their associated charges and that the HCEO has only done this to gain a financial advantage for himself and his company
  5. Hope someone can give me some urgent advice. I have an unpaid PCN (should have paid it sooner I know but it slipped through the net). Anyway this morning I got up at 6.10 and saw a letter posted through the door. A bailiff had clamped my car and wanted £523.39 or would accept £223.76 if paid today. The fees he states owing are as follows: Parking Pen Charge - £150 Court Fee - £5 Bailiff's Cost - £58.52 VAT on Bailiff's Costs - £10.24 Total amount if paid today £223.76 Plus Form 9 Costs = £523.39 He has dated the Notice of Seizure and Form 9 incorrectly (he has put 23 November 2010). Is he going to turn round and say I owe the full amount? Another point is that he has written the time he arrived at my house at 5.20am and waited 20 mins outside before posting the letter at 5.40am. I was always led to believe that they could only operate Mon-Sat between 6.00am and 9.00pm. The other point is that the car really is only worth about £500 so if he won't accept the £223 he might as well take the car as he won't get much money for it anyway. Could I say to him that he has levied on goods not actually worth £500? Any help greatly appreciated.
  6. I had a PCN issued to me for not displaying my parking ticket correctly (although if you looked properly you could see it was valid). Anyway I appealed to the Council within the time period enclosing the original parking ticket (which I now can't find!!!!) and heard nothing back from them until a couple of months ago when I received a letter from the bailiffs. Before the week was out my daughter (who is 17) was going out of the house when she was handed a letter by a youth in a motorcycle helmet who then promptly got on his moped and ran off. (The reason I know this was because I was standing behind the door on the telephone and wondered who we knew with a moped!!!) Anyway it was an attendance notice (undated). I appealed to the TEC with TE3 and TE7 which were refused. I requested a breakdown of fees from the bailiffs and they sent a typed list but without any dates, etc including a first visit fee and an attendance notice fee. I have since requested a screenshot from the bailiffs and written to the Council to request permission to pay by installments (Although working I am a single parent with 4 dependents). Anyway Council have informed me the debt is with Bailiffs and I can only speak with them but they note my offer to pay. Bailiffs didn't understand what I meant by a screenshot but sent me a page of what I believe is a screenshot of the first visit made by their bailiff (showing a different date to when the letter was handed to my daughter). They also informed me that a different bailiff was taking over the case and to speak to him. I have spoken to him and offered to pay by installments and he doesn' want to know. He wants the full amount. So the Council tell me to talk to the bailiff and the bailiff won't accept installments. I can't afford to pay the full amount so can I pay the original parking fine directly to the Council or do I just pay the installments that I was going to pay to the bailiffs anyway? If I pay the Council directly I know this will cheese the bailiff off and I expect he will start knocking at my door or looking for my car (which I have moved from outside my house). I don't actually disagree with the fees that they have charged for the letter and the DVLA search fee but believe the first visit and attendance fees are the one and the same which I will not pay. Also does anyone know how long it is before a bailiff returns a debt back to the council?
  7. I closed an IKEA and M&S Storecard in 2005. Can I still claim the charges for the 6 years that the cards were opened for (i.e. the period 1999 - 2005) or does it have to be for the period 2004 - 2010
  8. The car is in my name unfortunately. Right about the Police though was a scaremongering tactic. Managed to do a deal with them to pay it in two weeks but they won't remove clamp from car which means kids can't get to school etc.
  9. Its for a PCN. First time they have called and haven't received any letters from Marstons regarding the PCN. They are still sitting outside but they won't get their money as I just haven't got it. Single parent with 4 kids but I am working but every bit of money I get goes on paying bills, etc. Think it was one of my ex-husbands parking tickets.
  10. Spoken to them and say not on records. Bailiff and Marstons has said that the Court made a mistake and he is certificated. Spoken to Court and they now admit error. Marstons have said they are sending tow truck to take car away now and that we have to pay £590 or the car goes. Lewisham Council don't want to know. Haven't got the money so looks like the car will have to go. Fees seem excessive to me as its a first visit. Any help much appreciated.
  11. Its for a PCN. He has since showed her another certificate which was issued by Medway Court and is valid until 2010. Can't understand why Medway Court said he wasn't on their lists. Is it possible its a fake? He works for Marstons Court (which seems to me to part of the Marstons Group).
  12. Bailiff attended my house this pm and clamped car. Not certificated and my daughter has asked them to prove who they are and when and where certificate was issued via text as courts had no record etc. They didn't respond but reappeared and told her in no uncertain and threatening terms that she is saying they are lying and flashed a card at her but she could not see it what was on it as he was waving it in front of her face. They are now sitting outside and I believe they have called the police. I have told her to ring local council up and inform them that they are not certificated and therefore she is not liable to pay their fees they are imposing and that they are committing an act of trespess. Any help much appreciated.
  13. Thanks for your advice. I've spoken to the Courts and the bailiff is not certified with them, so Rundles lied and he wasn't entitled to take any goods. Awaiting breakdown of the fees and I will pursue this every possible way that I can. These people shouldn't be allowed to get away with this.
  14. Its Rundles. It's a long story which I have just posted as a separate thread asking for some help on.
  15. In June had a bailiff knock on door who had clamped my car for an unpaid PCN. As the car was parked outside my neighbours house he allowed me to move it (should have driven off in it then!). Couldn't pay debt that day but paid it 2 days later when he removed clamp. Month later he did the same thing and clamped my car. Told him debt had already been paid but as couldn't find paperwork at the time couldn't prove it so paid him the money. Found paperwork and on looking at receipt he signed he put the wrong reference no down so theoretically debt was still outstanding. Wrote to Rundles with copies of the info and they have responded. It would appear that the no. he put down was for an unpaid PCN that was in my ex-husbands name but for a vehicle that neither of us owned and which the council had been informed of. He had put that ref no. down by mistake and not the ref no that he had written down on his removal notice and his Form 7 (looks like a seizure notice but not sure if this is legal or not). When I spoke to Rundles they have stated that he was claiming for both PCN's but I told them that as he had only put down the one ref no. then he could only claim for that ref no on goods owned by me and not my ex-husband (if that makes sense). Surely if he was claiming for both PCNs he should have stated that on the forms. Rundles are now saying that I should take this matter up with the Council and it has nothing to do with them and to fill in a late statutory declaration and try and get the money back that way. I have requested from Rundles copies of their fees for both ref no as first visit was for £414.93 and the second visit was £425.28. Also person they sent was signed as Senior Bailiff in Charge Enforcement. Can't find him under Bow County Court where he states he was granted his certificate from. Personally don't know what to do about this as I am going to go round and round in circles between the Council and Rundles and really need this money. Any help much appreciated
  16. First time of posting so please bear with me. Recently had a gentlemen knock on door and he signed himself as Senior Bailiff in Charge Enforcement. Looked on the HM website and cannot find him or the company he works for. I have spoken to the Company who say he is certified. Don't believe the Company and want proof that he is in a position to clamp my car for an unpaid PCN. Any help much appreciated. Great website by the way.
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