bailiff changing a warrant of execution for pcn

[ged9]

I have responded with this letter to Equitta

I write with further reference to my complaint and your response,

 

I am not satisfied with your response.

 

Firstly I find it very strange you say you did not receive a request for a breakdown of your fees on or around the 26th July 2011 as I also sent a copy to Carlisle City Council and they confirmed that they had received it.

 

Secondly you say that the amount the bailiff was trying to collect from me of £356.24 was verbally, in fact it was not verbally, it was in writing that he had posted to me dated the 21st June 2011. The first letter off him states that you want £356.24, If I fail to contact the bailiff within 24 hours I will reattend your property to impound your vehicle/ goods

THIS WILL RESULT IN EXTRA COSTS OF AT LEAST £140 BEING PAYABLE.

 

The second letter is the warrant of execution which also states;

 

Amount due(including court fee and any adjudication cost) £356.24

 

After receiving no response from you regarding the costs Mr XXXXX rang my husband saying he wanted the money Within 24 hours. My husband asked him for a breakdown of his fees and Mr XXXXXX told him;

 

Balance of pcn £110

Letter £11.20

Attendance £160.00

Vat 20%

Total £356.24

 

That calculation does not add up so I have worked it out correctly for you.

 

Balance of pcn £110.00

Letter £11.20

Attendance £194.00

Vat @ 20% £41.04

Total £356.24

 

The same figure as on the warrant !!!!!

 

At no point did he say but if you pay now it will only be £164.24 either to me or my husband. So according to the paperwork he left he has been trying to overcharge me £160.00 plus VAT. Under Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(amended 2003) Regulations 1993 he may be liable for criminal prosecution under section 1 to 5 of the fraud act 2006.

 

At the end of the day amount due means simply amount to be paid, at no point does it mean amount due if we have to take further steps but if you pay now it will be a different figure.

 

 

 

Thirdly regarding Mr XXXXXXs certification, after checking four times now with the register and the court I find it very hard to believe that they have given me incorrect information, I have asked you for proof of his certification and have received none so far, Mr XXXXXX has never shown any proof so how can I believe you when you say he is certified. PLEASE PROVIDE ME WITH PROOF so that I can again check with Burnley County Court as I believe the visit fee is not valid unless he is certified.

 

 

 

 

 

Please respond accordingly

 

Yours Sincerely

 

 

 

That letter was sent on 13th August and so far have had no response.

I also sent this letter to the Council.

Dear Sir/ Madam,

 

I have received a response from Equita regarding my complaint.

 

I am not happy at all with this response and feel Equita are just trying to cover up the fact that one of their bailiffs has tried to defraud me of £192.00

 

 

The warrant is the local authorities and Equita are merely acting in the capacity of their AGENT.

 

This serious enquiry should be dealt with by the LOCAL AUTHORITY !!!!

 

I am very surprised that the City Council seem to be saying no comment and letting Equita deal with this themselves.

 

Pleases Respond accordingly

 

Have recieved a reply from council today , in short goes as follows;

 

 

It is not acceptable to continue writing in as the response from the council and the bailiff company will not change.

 

As clear explanation has been given in writing we will not enter into further communication regarding this case.

 

 

Question is can they just fob me off with this response?

 

Should I just pay this now and move on?

I still feel as though I should take this further though

[wonkeydonkey]

They most certainly cannot, they have a responsibilty to address this matter and you can force their hand with a copy of the letter you will send to the LG ombudsman should they fail to comply with their obligation in the next 7 days.

 

WD

[BRIGADIER2JCS]

Write to the CEO of the council as a

formal complaint address it to him/her

marked private and confidential and copy

to the LG Ombudsman service and Equita.

Go to the top it's likely the CEO has no idea

about the workings of this department.

I've just dealt with a housing benefit claim for

someone and the council officer concerned

was uncooperative and kept delaying a decision

so I e-mailed the CEO mentioned the ombudsman

CLAIM SORTED ARREARS PAID IN 12 hours.

[brassnecked]

Ged9, copy the complaint to the council's elected leader, and your councillor and MP. As the bailiffs are Equita, have Carlisle council outsourced their back office to Capita, who also own Equita? that would explain the muppetry and attempts to fob you off

[ged9]

Ok I have found out the name of the CEO of Carlisle Council and am going to write to him today, Does anyone have any idea how I should word it or should I give him a chance to put things right and a warning that if it isn't then i will write to the lgo or should i write to the lgo at the same time?

 

I don't know whether I should pay the PCN + charges now aswell or should I wait untill a response from ceo. the problem I see with paying is that the charges are unlawfull as the bailiff was not certified and then I would have to take it to C. COURT to get the charges back.

 

As far as I am aware while i am still in dispute with the Council all enforcement must cease untill a satisfactory conclusion but I am afraid now that another bailiff is going to come back and try to add more charges on.

[ged9]

If I'm honest about this whole matter I don't even mind paying the charges. what I am annoyed about and want stopped is the fact that that bailiff tried to defraud me of £192.00 which I have been successfull in stopping but how many other people have been defrauded and have just paid up incorrectly just to get rid of the bailiff and the stigma attached. He would have got away with it with us as my wife was just going to pay him the £356.24 for exactly the same reason.

[BRIGADIER2JCS]

Ok I have found out the name of the CEO of Carlisle Council and am going to write to him today, Does anyone have any idea how I should word it or should I give him a chance to put things right and a warning that if it isn't then i will write to the lgo or should i write to the lgo at the same time?

 

I don't know whether I should pay the PCN + charges now aswell or should I wait untill a response from ceo. the problem I see with paying is that the charges are unlawfull as the bailiff was not certified and then I would have to take it to C. COURT to get the charges back.

 

As far as I am aware while i am still in dispute with the Council all enforcement must cease untill a satisfactory conclusion but I am afraid now that another bailiff is going to come back and try to add more charges on.

 

Yes you must get a final response from the council before

going to the Ombudsman.

Write your complaint clearly and concisely making

each point a succinct as possible, and list your 'evidence''

and link copies of any paperwork that has been issued.

Sum up your complaint, and state what remedy you are

looking for.

Send this recorded delivery, copy in the bailiff companies

MD/CEO.

[ged9]

Have an update on this for all that is interested, Having sent letters to ceo regarding this matter had a response stating that it was proved to me that this bailiff was certified and that his charges were lawfull so i pointed out that had they made an effort to check with the court they would find that his certificate was invalid.

I guess they must have done that because I have just recieved a letter from Equita idiots saying SORRY, they did not intentionally intend to mislead me and that the bailiff concerned had been removed from duty.

 

I have responded to the Council with a letter before action to pay me the fees back, I have given them 7 days

 

As I said earlier in posts I am not really that bothered about the fees but putting that Bailiff out of work............. YEEE HAAA!

 

If that sounds nasty then I'm sorry but he tried to con me out of £190, maybe one day he'll get a knock on his door!!!!!!

[wonkeydonkey]

Have an update on this for all that is interested, Having sent letters to ceo regarding this matter had a response stating that it was proved to me that this bailiff was certified and that his charges were lawfull so i pointed out that had they made an effort to check with the court they would find that his certificate was invalid.

I guess they must have done that because I have just recieved a letter from Equita idiots saying SORRY, they did not intentionally intend to mislead me they avoided telling the truth would be a more likely story...

and that the bailiff concerned had been removed from duty. I have responded to the Council with a letter before action to pay me the fees back, I have given them 7 days

 

As I said earlier in posts I am not really that bothered about the fees but putting that Bailiff out of work............. YEEE HAAA!

 

If that sounds nasty then I'm sorry but he tried to con me out of £190, maybe one day he'll get a knock on his door!!!!!!

 

They will simply get him to apply again and he will be back at work in a few weeks? You can of course raise the point that everyone he took money from while operating without licence should have their fees returned????

 

 

WD

[BRIGADIER2JCS]

Perhaps someone should inform the court

that this ''bailiff'' is unfit for certification the

public has the right to oppose the appointment

of any application for certification.

Brig.

[ged9]

I have drafted a letter stating exactly that point WD. I also pointed out that his fees should also be looked into.

 

Brigadier I have already asked Carlisle City Council to submit a form 5 complaint to the Court but so far they are refusing.

I did a form 4 complaint myself and the judge that looked into it said he believed the bailiffs version of events and that it has all been a simple mistake but now rectified, I CAN PROVE OTHERWISE but he said if I wanted to take it further then there would be a court date set and if I lost I would be liable for costs.

 

Even though I know I can prove the bailiff is a liar I can't take the risk of losing as so far everyone seems to take his side of the story

[BRIGADIER2JCS]

This is the greatest failing of our civil

law, it precludes thos of modest means

from ''fighting their corner'Brig.'

[ged9]

TOO TRUE,

 

 

BUT!!

Keep fighting

 

 

And I really must say a big thank you to CAG and all those who help

[padja]

you know its so true the law is for the rich of the land and not for the poor, always wanted to win lotto and set up a fighting fund for people to take on the big boys I wonder how many victories 'the little guy' would win if giving the chance?

 

well done and getting apologises from Bailiffs thats a result in its self

[BRIGADIER2JCS]

Many more victories than certain institution

would like I think.

Brig.

[padja]

Think your right Brig

[ged9]

Quick follow up note:

 

I recieved a letter from Equita this week, VICTORY!!!!!!!

 

It states,

 

In an effort to bring this matter to a speedy close I have arranged for the visit fee incurred of £40.80 inclusive of VAT to be refunded within the course of 14 days.

 

SPEEDY?

 

This has gone on since 23rd March 2011, I'm glad it wasn't slow.

 

In the process now of writing to the council stateing that all moneys collected by this bailiff should be returned to the people concerned because I'm sure the LGO would like this looked into,

 

BAILIFFS TAKE NOTE!!!!!

 

You may have won a few battles but you are now losing the war

 

I bet you hate the internet and CAG

[wonkeydonkey]

Whoop whoop, well done Ged.............taken a while but you got there!!!!!!

 

bailiffs TAKE NOTE!!!!!

 

You may have won a few battles but you are now losing the war

 

I bet you hate the internet and CAG

Yes bailiffs you Really Do need to Take Note, people out there are getting the message and getting wise to your trying to milk the cash cow dry.

 

 

WD

[A.TEAM]

Just to make you aware of the pcn fee structure

 

All fines are charged with VAT

 

Fines of upto £110.00 are as follows

 

Debt VAT @20% CUMULATIVE NOTE

£110.00 TOTAl

 

1st Letter £11.20 £2.24 £123.44 Informing you of unpaid Fine

1st Letter No contact £34.00 £6.80 £164.24 From the Bailiff company

Enforcement £160.00 £32.00 £356.24 From Enforcement Bailiff

 

 

Each Borough works in different ways inside of London you could be paying upto £619.40 outside of London upto £476.24. Think your wife is very lucky on this occasion that the Bailiff in question didnt use his/her full powers to Enforce the account, it seems to me he/she has been very lenient.

 

It amazes me how you didnt think to pay this Fine before you let it get to this stage if you can afford to run two vehicles and seem to be a educated person why put yourself and wife in this situation and just pay it before you incur costs.

[hhh_88873]

Well done on playing the game and apparently getting a result.

 

Although I gotta say theres one or two things that dont seem to ring quite right to me.

 

You say you had confirmation from both the company and the court that the Bailiff was certified but you still you seem to be casting aspertions as to his credibility, is there some reason for that?

 

Also, I know you were acting for your wife and all credit to you, but why didnt you just pay the matter (which you seem to have accepted was valid, please correct me if Im wrong) and avoid the charges altogether?

 

You seem to have been keen to remove your details, but equally as keen to 'name and shame' the Bailiff who through reading this to the end seems to have had a valid warrant, was acting on a direct order from the court and was doing his job. This seems as though were he or his company to see these posts and read the accusations of misconduct etc that seem to be being levelled at him, he would have a extremely strong legal case to take action.

 

Perhaps discretion would be the better part of valour on this case?

 

Im no fan of Bailiffs who act beyond their authority and I think you deserve all credit for knowing the grounds of your complaint, but I would be very uneasy crowing about the apparent 'victory' you are claiming as it doesnt seem quite as cut and dried as you are claiming it to be.

 

Again, I would be happy to be wrong, but I think that perhaps over eagerness to 'beat the bailiff' has in fact been the true victor here............

[geoffthechef]

ateam (whats that all about)

Each Borough works in different ways inside of London you could be paying upto £619.40 outside of London upto £476.24. Think your wife is very lucky on this occasion that the bailiff in question didnt use his/her full powers to Enforce the account, it seems to me he/she has been very lenient.

 

It amazes me how you didnt think to pay this Fine before you let it get to this stage if you can afford to run two vehicles and seem to be a educated person why put yourself and wife in this situation and just pay it before you incur costs.

 

 

------------------------------------------------------------------------------------------------------------------------------

 

 

Having a day off are we?.not much work around?

You and your ilk are just intellectually challenged and unable to understand the difference between right or wrong but i will grant you this..you are very good at being economical with the truth,

 

 

Some people are sheep and just follow the crowd and are never happy and others question everything and have a great life knowing that idiots can not get away with being idiots..

Edited February 7, 2012 by geoffthechef

[seanamarts]

PCN = penalty charge notice = decriminalised = civil

 

Its not a fine

 

Unless its given via the police then its a FPN

 

FYI

 

Play nicely...

[hhh_88873]

If its gone through a court then surely that means its more than those stupid 'PCN' notices you get on private car parks that arent enforceable?

[ged9]

Wow i'm amazed this is still going on,

 

to clarify a few points,

 

The bailiff pretends it has gone through a court but actually it has not, it has gone through the traffic enforcement centre, different thing altogether.

The Bailiff was not certified, yes Equitta did say he was, the bailiff in question said he was, the courts in fact said he was not. So correct me if i'm wrong but an uncertified bailiff does not have the power to enforce.

 

 

Why or how am I removing my details? Sorry, do I have to post my name, address and phone number?

 

I would be extremely happy for the bailiff company or the uncertified bailiff to to take action against me, If you knew me you would know i am not a liar as you seem to be implying, at the end of the day why would they have returned my money had they been acting in accordance with the law?

 

When someone knocks on your door and demands money that is ok, after all we had not paid the pcn. What I have disputed is the extra charges applied, yes I would expect some charge but what really set the alarm bells off was when my wife rang the traffic enforcement centre who I must say was very helpfull and put the pcn on hold while a late witness statement was sent in, she then rang the said bailiff who went off on one and said to her that he didn't care what the court said and YOU'D BETTER PAY UP OR ELSE. then demands cash. That was when I started doing the checks and realised something didn't add up.

 

SO TO ALL YOU DOUBTERS.................................................

 

Are you honestly telling me you wouldn't have done the same thing as I have done and put this wrong right?

 

By the way I have kept every letter sent and every letter recieved fom the council, the judge,the bailiff and the bailiff company,

 

PROOF

Edited February 11, 2012 by ged9

[lamma]

If they had no certificate isn't there a fairly hefty applicable sanction ?