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daz3210

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  1. No, more properly the comment should be, if they do not collect they do not get paid. County Court Bailiffs get paid a salary, HCEO's get paid by results.
  2. There is also the minor thing that I knew nothing of the action taken until the bailiff contacted me, and then until Friday last I have not had a copy of the LO. The only reason I have the LO now is that the court ordered it be provided as a result of the Form 4.
  3. No, the form 4 complaint was as a result of the bailiff using expletives and telling me I was playing games by asking for proof he had authority to act. I have not told the court about the fees dispute. Its two seperate issues.
  4. I'm wary of continuing the form 4 because of the potential for costs. I am not without assets so it could be enforced
  5. No, they sent me this.... 2.—(1) In heads A and B of the Table to paragraph 1, “the relevant amount” with respect to a visit or a levy means— (a)where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50; (b)where the sum due at the time of the visit or of the levy (as the case may be) exceeds £100, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum; and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time. (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount. (3) The Secretary of State takes close or walking possession of goods for the purposes of head D of the Table to paragraph 1 if he takes such possession in pursuance of an agreement which is made at the time that the distress is levied and which (without prejudice to such other terms as may be agreed) is expressed to the effect that, in consideration of the Secretary of State not immediately removing the goods distrained upon from the premises occupied by the liable person and delaying the sale of the goods, the Secretary of State may remove and sell the goods after a later specified date if the liable person has not by then paid the amount distrained for (including charges under this Schedule); and the Secretary of State is in close possession of goods on any day for these purposes if during the greater part of the day a person is left on the premises in physical possession of the goods on behalf of the Secretary of State under such an agreement. 3.—(1) Where the calculation under this Schedule of a percentage of a sum results in an amount containing a fraction of a pound, that fraction shall be reckoned as a whole pound. (2) In the case of dispute as to any charge under this Schedule, the amount of the charge shall be taxed. (3) Such a taxation shall be carried out by the district judge of the county court for the district in which the distress is or is intended to be levied, and he may give such directions as to the costs of the taxation as he thinks fit; and any such costs directed to be paid by the liable person to the Secretary of State shall be added to the sum which may be aggregated under section 35(2) of the Act. (4) References in the Table in paragraph 1 to costs, fees and expenses include references to amounts payable by way of value added tax with respect to the supply of goods or services to which the costs, fees and expenses relate. And said in addition they have agreed with CSA that they may charge £10 for writing advising they have been appointed. I can see nowhere in the regulations the bit that allows the £10 communication charge.
  6. Will do that. In the meanwhile, is there any way to stop them taking it further?
  7. I also have a letter from the CSA saying pay £213.00 to settle the order. I paid this direct to CSA so should I write to the CSA asking for confirmation that it is settled?
  8. Yes. Communication Fee £10.00 Bailiff Attendance £67.44 Added up to £77.44, rounded up to £78.00 I have sent them a cheque in full and final settlement of £67.44, which they returned as not acceptable. They have sent me a copy of the Regulations, which I agree suggests that they may be due £67.44, but they say in addition they also have an 'agreement what they may charge'
  9. They are currently challenging me to apply for 'taxation'. I've looked at that, it costs £325 it seems.
  10. What about any fees they claim to be outstanding? Can they come back for them? Or do they have to go through court to enforce them?
  11. Oh, they are more than aware of the Form 4. The reason for my post today is that I today received a letter from them, telling me that they are currently calculating what their costs application will be, and inviting me to drop the complaint to avoid the costs. I am not aware of more then one office for the bailiff, and the correspondence has come from the 'Complaints Manager', makes me wonder how many complaints they receive then! The firm in question has many mentions on here already, so seems shady to say the least. What I am worried about is that the letter from the bailiff firm today says their man denies saying what he did say. If I repeat that in a complaint to CSA am I committing libel or slander or anything? If it helps, my mother has told me today she was earwigging behind the door and heard most of the conversation I had with the chap on the doorstep.
  12. OK, I will withdraw the complaint then. Is there a specific manner in which to do this (e.g. is it permissible for me to simply write that on the basis of I do not want to be stung by costs I withdraw the complaint, but without acceptance that the complaint was not valid, but simply that it should cease). Then what happens if the bailiff company refuse to deal with the matter. They have suggested that they will proceed with levying goods if I don't pay what they state is due, unless I apply for taxation (and they will know what the fee is I guess)
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