Merton Bailiffs

[Belville]

hi all I've had a bad week and not been able to do much but have finally sorted out the letters I am going to send

 

Please take a look and let me know if any changes are needed

 

Thanks

 

Belville

 

 

 

Letter 1

I have now had an opportunity to seek advice and I now understand you have No entitlement to charge me an Enforcement fee of £200 and I require you to deliver to me at the above address a statement of truth within Twelve days from the date of this letter. You are not entitled to defraud a debtor to obtain a money transfer or make a gain for yourself or another in this way.

 

I would like to point out to you that under the Definition of 'disability' under the Disability Discrimination Act (DDA), I am classed as disabled and therefore under the rules of Duty of Care also classed as VULNERABLE.

 

There is no entitlement for you to charge me a Walking Possessions Fee because no peaceful entry to my property has been made and I did not sign a walking possessions agreement.

 

There is no entitlement to charge an Enforcement Fee because the law does not provide for you to charge any fees of that description.

 

Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 risks a criminal record which ultimately revokes a bailiff’s certificate. Your company director may also be criminally liable for Assisting an Offender by receiving or benefiting from the proceeds of a money transfer originating from crime.

 

For the avoidance of doubt, that in your failure to furnish me with full details as to your charging structure within twelve days, I will automatically file at the bailiffs certificating court a Form 4 complaint on the grounds of abusing his position of trust and trying to defraud me with fees not prescribed in law. If you wish to start an investigation of your own, please be advised that in the absence of the information I require, this doesn't delay proceedings or filing a criminal complaint with a police authority.

 

This document is a notice of proceedings and is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and in your own interests that this letter is handed to the relevant person within your organisation, and I regret I am unable to discuss this matter by telephone or in person as I am acting under legal advice.

 

I now require you to provide me with a Statement of Truth that all your demanded fees are lawful within 12 days from today’s date

 

Please also furnish me with screen shots of my account to include all changes to amounts, charges added either manually or automatically

 

Yours Faithfully

 

 

 

 

 

Letter 2

Formal Complaint Stage 1

 

I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs. I therefore ask you to deliver to me at the above address a full Statement of truth in relation to your In-House Bailiff’s fees, and how they are made up and to which prescribed term each fee/cost relates within twelve days from the date of this letter.

 

I would like to point out to you that under the Definition of 'disability'under the Disability Discrimination Act (DDA), I am classed as disabled and therefore under

the rules of Duty of Care also classed as VULNERABLE

 

There is no entitlement for your bailiff to charge me a walking possessions fee because no peaceful entry to my property has been made and I have not signed a walking possessions agreement.

 

There is no entitlement for your bailiff to charge an Enforcement fee because the law does not provide for any fee of that description

 

Charging these fees is fraud and I understand it is a criminal offence under Sections 1 to 5 of the Fraud Act 2006 and anyone receiving or benefiting from the proceeds of a crime may be subject to a criminal investigation.

 

I appreciate the public are less-informed of the prescribed fees bailiffs are entitled to charge, I believe they have taken advantage of this to make a gain or obtain an unlawful money transfer for himself or another. While I am quite sure the council did not intend to in-house bailiffs to be perceived as a firm of tricksters who have been found defrauding a member of the public in this way and I would be grateful if we can settle this matter quickly and quietly. They may be bailiffs but that does not make them less liable than any other public service contractor, e.g. a plumber. However, a bailiff is in a position of trust and in abusing that position they commit an offence under Section 4 of the Fraud Act 2006.[/

 

For the avoidance of doubt, that in your failure to furnish me with a full statement of truth within twelve days, I will automatically file a claim in the small claims track without writing further and this will invariably involve an application for costs, and I'll inform the LGO that you the council is aware that a contractor working under your instruction is engaging in criminal activity by defrauding members of the public. If you wish to start an investigation of your own, please be advised that in the absence of the information I now require, this doesn't delay legal proceedings or filing a criminal complaint with a police authority.

 

This document is a notice of intended proceedings and delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and it’s in your own interests that this letter is handed to the relevant person within your organisation.[/

 

Yours Faithfully

 

 

Letter 3

Request under Section 10 of the Freedom of Information Act 2000

 

 

I write requesting a copy of the fee schedules you have agreed with your enforcement officers and bailiff contractors effective as of 12th August 2009 to be delivered to me at the above address within twenty working days or as prescribed under the Act.

 

I would also be grateful if you could furnish me with a copy of the liability order as I have never received one.

 

I have written to the bailiff with a request for a screen shot of my account

 

Yours Faithfully

Edited September 1, 2009 by Belville

[lets fight bailiffs]

go for gold and good luck that is fine.

 

PS please keep your thread going to advise others as to your outcome in order to help others thanks.

 

LFB

[Belville]

Thanks LFB

will post today

I am about to throw a spanner in the works as I have just enrolled on a fulltime course at college which now makes my home Council Tax exempt

bet they're not going to like that but hay ho thats their problem not mine!!