How many times can the bailiff call to your house?

[layer_cake]

It's an unpaid parking ticket, there's been one visit already, i've contested the ridiculous amount they've asked for - well over the 28% / £11.20 letter fee. They have rejected my offer to pay it line with legal amount, and said another visit will take place and cost me a whole lot more on top. I have told em I won't pay their extortionate fees, will NOT allow them in the house, have no vehicle any more. So what's my next move and what can they do? Many thanks. LC.

[Nintendo Pü]

Keep them out, the bailiff will eventually have to return the case unpaid.

 

Inform the council their bailiff is defrauding you his fees and make noise with the LGO if you are palmed off with excuses.

[hallowitch]

i believe they can charge for 3 visits for a parking ticket

[layer_cake]

Many thanks to you both for the speedy replies. OK, so there's 2 more visits. I trust they will add on a few hundred more in 'fees'. Can they do anything else? They wont be allowed in the house at all.

 

It's a really weird situ as I have offered to pay what they originally asked for plus the fees in the 2003 Act, paras 2 and 3. I told the bailiff I know he cant force entry and cant clamp a vehicle I dont have, but yet they still wont agree to settle.

 

I wonder is this because they dont want any success stories on here. They'd rather pursue massive fees off those who they manage to terrify, and let the rest go back to the council?? What a carry on. Many thanks!

[Nintendo Pü]

No other fees can lawfully be added, but they will charge the three visits anyway, just pay for one and let the bailiff sue you for the other two.

[layer_cake]

Cheers NP and HW. Just one other thing. What times can they call at, as I don't want my son being woken up or distressed by this carry on?

 

I have a feeling they'll be asking for so much, and it's too much already, they'll get nothing due to their totally unreasonable approach.

 

Kind regards to you both.

[pink_eeyore]

Generally between 06:00 and 21:00 for parking tickets is deemed acceptable!

 

They can visit as many times as they like but can only charge for 3 visits

[Nintendo Pü]

Generally between 06:00 and 21:00 for parking tickets is deemed acceptable!

 

 

They are the lawful times a bailiff can call, but there are several instances a county court (when ordering a bailiff to refund unlawful fees) made a finding of fact a bailiff calling at 6am is unreasonable.

 

You can still make a complaint, but I wouldnt bother with a Form 4.

[layer_cake]

Cheers for this Np and Pe.

 

They have no chance of getting in the house by any means whatsoever, but I'm seriously concerned about the distress this may cause my family, if he starts calling round all hours, I just don't want that at all.

 

Also, what about clamping other family members or neighbours vehicles? These creatures seem to have few if any scruples about the manner in which they go about their business. Many thanks for your help folks.

[Nintendo Pü]

If he starts clamping other peoples cars then the bailiff would be liable for a civil claim from the vehicle lawful owner under section 1 of the Torts (Interference with Goods) Act 1977.

 

If a bailiff is causing a nuisance around your property, then you can ask him to leave, if the proplem persists then capture him on video and consider making an application for a restraining order under the Protection from Harassment Act.

[layer_cake]

Thankyou Nintendo. You can see how they make their money. Today the guy lied through his teeth and didn't care two hoots about any laws or anything. As per your advice above, I'm writing a complaint to the council about them.

 

What I think he did pick up on was my stress. What he doesn't know is that I've been really ill with depression and had serious alcohol and drugs issues. The bastard from Equita has a lot to answer to!!

 

Thanks so much Np et al.

[Guest Happy Contrails]

How many times can the bailiff call to your house? .

 

As many as he likes within the time limit set by the issuing authority (I think 90 days), but can only charge for three.

[layer_cake]

As many as he likes within the time limit set by the issuing authority (I think 90 days), but can only charge for three.

Ok, that's helpful thanks HC. This is getting interesting now. Can the council/court reissue it if they want to come after me again. Cos due his behaviour and lies, I am not going to pay them a penny over the legal limits.

[pink_eeyore]

They are the lawful times a bailiff can call, but there are several instances a county court (when ordering a bailiff to refund unlawful fees) made a finding of fact a bailiff calling at 6am is unreasonable.

 

You can still make a complaint, but I wouldnt bother with a Form 4.

 

The Law only relates to distress i.e. council tax, not Parking

[layer_cake]

Ty, p_e. I've made up my mind now. Writing a strong letter of complaint to The Council and Equita about their appalling conduct. He can call 10 times if he wants, he will be wasting his time. I made three good offers and they keep asking for more and more.

[Nintendo Pü]

The Law only relates to distress i.e. council tax, not Parking

 

What law?

[Nintendo Pü]

Writing a strong letter of complaint to The Council and Equita about their appalling conduct. .

 

Dont expect a positive response from the bailiff, one letter will do then escalate your complaint. Dont bother with trade associations, they are not industry regulators. If you want the bailiff to pay you money then the small claims track is the only way to go.

[letsmakeamark]

A recent claim that was dismissed in court the bailiff company stated that any fees they collected automatically went to their clients. As they were collecting the fees on behalf of the council. Which in this case was medway. I have the transcripts but have been asked by the claimant not to publish these. As the council were not there to answer the bailiff company got away. Then having to appeal and chase it around does not make sense.

[pink_eeyore]

Laws of Distress

[layer_cake]

Hi folks, cheers, this is interesting. I'm not paying the bailiff a bean now as he's asking too much and taking the 'p' now. As I have had severe chronic depression and 'substance misuse' issues, also being with my family makes me 'vulnerab;e' I feel, as this guy is very intimidating indeed and I would lose my temper with him if he pushed me. Therefore I will not open the door to him and like u say np, write one letter to bailiffs co and take up with council and court.

[Nintendo Pü]

Laws of Distress

 

Link to OPSI please.

[layer_cake]

I note that on Equita's website they are in the ESA (Enforcement Services Association). I've pasted a link here with their Code of Practice. It makes interesting reading. There is little doubt that many of their members are ignoring this completely. ESA | Member Directory

Ok, I know that some will say this doesn't matter, but I think it does. Here's a couple of really relevant rules they should be adhering to, in addition to the law:

 

 

 

Rule 1: Members will comply with the Rules of the Association.

 

Rule 3: Members will maintain high standards of business ethics and practices in order not to bring the Association, the enforcement industry or the bailiff profession generally into disrepute.

 

Rule 5: Members will comply with all defined legislation, case law and all health and safety requirements in carrying out enforcement. Members will comply with data protection legislation and maintain strict client confidentiality at all times.

 

Rule 6: Members should on each and every occasion when a visit is made to a debtors property which incurs the debtor in a fee, leave a notice setting out in detail how the fee was made up and retain a record of the said issue of the notice

 

Rule 11: Members will appear smartly groomed, dressed neatly and soberly, and behave courteously at all times. Members will not misrepresent the powers, qualifications, capacity, experience or ability of themselves their staff, agents or business associates. Letters, notices and other documentation sent or delivered to debtors will not be ambiguous or misleading.

 

Rule 14: t is the responsibility of each and every Member to ensure that all employees, self employed agents and business associates are made aware of this Code of Practice and any codes of practice issued by their clients.

 

Equita's website has some interesting stuff on it, and there is a link to complain, and they must respond within 10 days of it. Debtor Services

 

Certainly the bailiff who is harassing me is in breach of much of the above. So I am complaining to them, not only using the 2003 regulations, Fraud Act, but also the professional rules. Councils, though they want revenue, also have accountability and insist upon some ethics. Ok, this may make us laugh a little. But my point is to use everything we have in our favour.

 

I have told al parties concerned I am trying to pay and resolve this issue. However, the bailiff is not allowing this by constantly applying more and more illegal fees.

[pink_eeyore]

The Law of Distress Amendment Act 1888

[Nintendo Pü]

Link to OPSI please.

 

The Law of Distress Amendment Act 1888

 

 

Can you be more specific? we are looking for legislation providing that bailiffs call between 6am and 9pm.

[Nintendo Pü]

 

Rule 1: Members will comply with the Rules of the Association.

 

I wouldnt pay too much attention to that.

 

Anybody with £60-quid can set up a private company, give it a trendy name, and publish a set of rules for its members. The company is not an authority, and its rules are not legally binding on anyone - including debtors.