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Bailiffbreaker

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  1. Sorry for not replying, been rather busy trying to gather some evidence. Bailiff imposed charges that are not in accordance with the law, maximum charge for a first visit, that is guaranteed, as the total debt I owed was £82. I asked for a full breakdown of charges, a complaint was raised at the council and Bailiffs, both which denied responsibility. Infact, the bailiff's company went as far as explaining how each section was charged and the law it was charged under. The first visit charges was simply glossed over saying that it was charged under contract with the council. I was charged £90+VAT for the first visit. The law states the maximum is £28+VAT. FOI revealed that an SLA with the bailiffs company was drafted in March 2013 BUT only signed on October 2013, 2 days after I kicked up a fuss about it....very strange. I asked for a copy of the previous SLA, which I was told, "You don't need a copy of that, it will be the same except the dates will change". I asked, "How is this possible for you to know if you cannot compare. Send the old document". They said they don't have the document as it's not the councils responsibility to keep it. I asked how long do they keep SLA's for when outdated, to which they replied 6 years. So HIGHLY suspicious! My question now is, Do I submit a claim for the entire amount back? Just the illegal charges? Do I claim for my time? Can I claim compensation?
  2. Hi, As requested, dates have been entered into my original post! I didn't really ignore it, I just wasn't at home. I have a stress related health condition and have to 'get away' for a while sometimes when my health conditions deteriorate just to get better, I can understand it sounds a bit strange but it's something I have to live with, there is no cure, it's just a part of my life. When I feel better, I work and sometimes contracted out to other parts of the country. I am a private individual and love my privacy. I guess you could say I am a bit of a social outcast on that front, there's very little I could prove to a court so I don't see an N244 being the route to go with. I am not even certain the PCN is actually mine, my numberplates were stolen and I have received numerous parking tickets and even speeding tickets. (Most were quashed). I have asked the head of parking services for any and all the evidence and I just keep getting the cold shoulder, saying it is too late to contest it etc. I had to file a FOI just to get the evidence... which I am still waiting for. I also filed a FOI wanting the SLA for the baillifs and I can bet that will be unanswered as well, even though the council acknowledged the FOI. I will submit that request tomorrow as it seems sensible to have up to date and correct information to proceed with.
  3. I intend to, I just need to know how to proceed in the best way so Collectica get the maximum punishments. I am afraid I won't be able to complain to the OFT because I have a pending court case with them or vice versa!
  4. Original PCN (after Charge Certificate) is £60. I can see where you are getting at though but if I paid when I supposedly received the letter, I would have paid £80+ £13.40 for the letter. The first visit cost £110 as it states in the breakdown of costs! Ah ok, seems a bit pointless if it is out of date, I can always ask the bailiff company for their bailiff's certificates? The registered letter was from the council and either contained a NTO or CC. I am not on a limited income. While I don't have lots of money, quite struggle as I am self employed, I am one of those people who would rather see £400 burn than give £200 to the bailiffs. Hence why I would rather take the bailiffs to court and hopefully get CCJ registered against them if it is possible. Reading various laws etc, it does seem like it's possible.
  5. I got charged £12 over a £200 debt... 5% CREDIT card surcharge + VAT...for using a DEBIT card through Collectica. Their own website says Debit cards only carry a charge of £3. I therefore would like to propose Collectica wins the award
  6. Hi, I will not be giving out any personal information to avoid any further information being given to the bailiff's company. Some figures have been changed, so please do not be alarmed that it doesn’t add up. I received a PCN for parking without a valid ticket by MB Council in late 2012. I was not at home to receive the NTO and CC. Council took it to TEC sometime in May 2013. I replied to court summons which was successful. Received no further paperwork for a month or so, was away from home for a few months on business. I did not receive any further documentation until I got a visit from two bailiffs working for Collectica Limited on October 15 verbally demanding I pay £205, if I did not, they would call a tow truck and have my vehicle removed, resulting in further costs. They used a panel van to block the driveway where my vehicle was. The overall tone was threatening but I am not someone who bows easily to threats, my pride & ego doesn’t allow me to. I called the local councilor, who just advised me to take legal counsel. The bailiffs then threw (literally) a piece of paper at me and left. I did not sign anything; I did not accept any paperwork. I did not pay the bailiffs at this stage. I informed the bailiffs that I am self-employed (actually am) and my vehicle is necessary in the course of my business. I am the sole user of the vehicle. Furthermore, my vehicle has been fitted with custom electronics which I produce and sell; therefore it contains “Tools of the trade”. Bailiffs didn’t care. The piece of paper I received from the bailiffs, is a standard Collectica form, which contains hand written information such as, My name, First line of my address, Date, Time, Their reference, Bailiff in charge names, bailiffs mobile number and the balance outstanding and council name which initiated this action. On that form it has a printed paragraph which states: “I AM AUTHORISED BY THE COURT UNDER THE ENFORCEMENT OF ROAD TRAFFIC DEBTS (CERTIFIED BAILLIFS) REGULATIONS 1993 (AMENDMENTS 2003), TO REMOVE YOUR VEHICLE/HOUSEHOLD EFFECTS TO SATISFY YOUR UNPAID PENALTY CHARGE IF YOU FAIL TO CONTACT ME WITHIN THE NEXT 24 HOURS I WILL HAVE NO ALTERNATIVE BUT TO REATTEND YOUR PROPERTY EARLY MORNING OR EVENING TO IMPOUND YOUR VEHCILE/REMOVE GOOD” Where there is an option, neither was crossed out. I filed an Out of Time application on that day, which was refused (submission made to the courts by the council: apparently I refused the recorded delivery mail – checked with RM and on their records, it just shows as being returned) on the 9th of November or thereabouts. I contacted the local councilor again who passed me through to the person he believed to be responsible at the council for this matter. I asked for a breakdown of costs, which was: Original debt (Below £100 – around £80) Letter sent: £13.44 incl VAT (Legal) First visit: £105 incl VAT (Errm yeah? ) So I replied to the council that the charges are excessive and therefore illegal as set out under the Road Traffic Debts. The council denied it’s their responsibility. (Case law would suggest it is the council’s responsibility) All throughout this, I was paranoid my vehicle might just “disappear” off the driveway. I would always leave it in gear, made and installed my own security alarm system. I had many sleepless nights and would wake up, get out of bed at the slightest noise to check on the car, even if it was 3am in the morning. I’ve had my car for 6 years and it’s my first car… it might not be worth a lot but it’s sentimental value is through the roof. So reluctantly, I paid the charge online on or around the 13th of November 2013. Under duress but there was no option anywhere on the website to attach notes. I was charged 5% for credit card payments and then VAT on top, which resulted in an additional charge of ~£12 being added on…even though I used my debit card!! Anyway, I have read up so many laws, stories etc. So far, what I am able to gather, I have been overcharged by the first visit by nearly 3x. I have also been overcharged for debit card payments by 4x the required amount (£3 according to their website, which takes information from HMTCS) I have checked the two bailiff’s names against the register, neither of them appear on the register. My pride and ego have been severely dented; I want to go thermonuclear on the bailiffs, the bailiff’s company and the council. Looking on the web, I am not the only one these cockroaches have overcharged/threatened etc. What should I do to get the maximum punishment for the cockroaches? I am guessing it’s sending a complaint to the OFT, LGO, Issuing proceedings in small claims court and possibly getting in contact with the police over fraud? What would be my next steps and in which order? I don’t care if this process takes a few months, it’s principal I receive my dues. Can I get a refund of the entire amount I paid or only the bits which was overcharged? Thank you for taking your time to read this lengthy post, I wanted to include as much information as possible.
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