Bailiff fees over 100% of PCN

[Matko]

Hi all

 

I recently took Harrow Council and Newlyn (bailiffs) to the small claims court, pursuing a refund for the surprise clamping of my car (I received no letters despite the bailiffs claiming to have sent them, and producing evidence of them).

 

I paid to release the clamp and then filed out of time (and in time) statutory declarations, which were validated. The orders were therefore revoked.

 

At court, I was successful at getting Harrow to refund the driving fines (2 x £202) but the judge was unable to find in my favour for the return of bailiff fees.

 

The bailiff fees were extortionate - approx £540 including £25 credit card fee.

 

Does anyone have advice about how I can get these fees returned to me. Apparently the civil procedure rule 75.8 does not say that the fine is 'set aside' and therefore this means no money has to be refunded. Also, the council claims they do not need to return any money above the fine (ie £202) itself due to the Local Authorities and Transport for London Act 2003 schedule 1.

 

Help me get my money back!!

[dx100uk]

section 75?

 

dx

[Matko]

CPR 75.8 doesn't indicate that any money paid to the bailiff should be returned upon revocation...apparently!

[Jamberson]

My understanding is that the fees are valid, provided the warrant was valid while the bailiffs were working and racking up the charges. That being so, they are entitled to their payment for work done, and there isn't a right to a refund.

 

I would advise you post this on the bailiff section of this site for some better expertise. Someone may know a way.

[Matko]

Hi all

 

I recently took Harrow Council and Newlyn (bailiffs) to the small claims court, pursuing a refund for the surprise clamping of my car (I received no letters despite the bailiffs claiming to have sent them, and producing evidence of them).

 

I paid to release the clamp and then filed out of time (and in time) statutory declarations, which were validated. The orders were therefore revoked.

 

At court, I was successful at getting Harrow to refund the driving fines (2 x £202) but the judge was unable to find in my favour for the return of bailiff fees.

 

The bailiff fees were extortionate - approx £540 including £25 credit card fee.

 

Does anyone have advice about how I can get these fees returned to me. Apparently the Civil Procedure rule 75.8 does not say that the fine is 'set aside' and therefore this means no money has to be refunded. Also, the council claims they do not need to return any money above the fine (ie £202) itself due to the Local Authorities and Transport for London Act 2003 schedule 1.

 

Help me get my money back!!

[dx100uk]

sorry I meant a section 75 claim through the credit card company.

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

[dx100uk]

moved already

 

dx

[Matko]

I contacted the card company and they said I'd need a crime number from the police in order to proceed.

 

Am I claiming against them or against the council?

 

On what grounds would I claim?

[dx100uk]

I would have thought the court case number would be good enough?

 

its been 'legally' adjudged upon

 

dx

[Matko]

I would have thought the court case number would be good enough?

 

its been 'legally' adjudged upon

 

dx

 

Even though only part of my claim had judgement entered against it (ie fines of £404 total, and not the £540 bailiffs fees?)

[dx100uk]

no fines no bailiff action surely?

 

dx

[Pepe2004]

i am in the same boat ,car clamped paid £500 sent OOT declaration ,court said fine was paid so nothing can be done

any advise you get would be great ,and i shall follow the same route

[tomtubby]

This situation is a complete nightmare and is hopelessly misunderstood by the courts, local authorities and also the bailiff companies.

 

Sadly, the court were WRONG. The responsibility for repayment of the bailiff fees actually rests with the COUNCIL and NOT the bailiff company. I have Barristers opinion on this and also details of case that went to appeal ( he won).

 

I am in a rush right this minute but one point that interest me is your comment about the card provider stating that you need a crime ref number. Once agin, this is WRONG.

 

In your case, the court have REVOKED the warrant and therefore anything that "flowed" from that warrant is deemed Null & Void. I will look back at both these cases later.

[lamma]

Thank you tt. I look forward the appeal case details.