DCBL made to pay back fees of £5000.00 High Court Writ

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taren
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#1 DCBL made to pay back fees of £5000.00 High Court Writ

Post by taren » 03 May 2016 16:13

I would like to thank Jason Bailey for his work on securing a court victory on the 29/04/16 in regards to DCBL. DCBL have failed to send notice of enforcement letters and have just turned up unannounced adding more than £40000 worth of fees on two occasions. I successfully took DCBL to court with the help of Jason Bailey and won. I would encourage anyone who has been ambushed by any bailiff that claims that they sent the notice of enforcement to contact Jason Bailey for his guidances. You can claim back fees paid and bring this scam to the attention of the courts so to help change the law so these companies are made to send these notices by recoded delivery and stop getting paid ridiculous fees in this underhanded manner.

You can contact Jason on jason (at) dealingwithbailiffs.co.uk

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Schedule 12
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#2 Re: DCBL made to pay back fees of £5000.00 High Court Writ

Post by Schedule 12 » 03 May 2016 17:47

This is a good example on how to use the small claims track to recover high and non-compliant HCEO fees.

It demonstrates it is possible to bring an action following paragraph 66 of Schedule 12 for non compliance with any part of Schedule 12. In this case, paragraph 7 because DCBL ambushed the debtor to earn a higher fee than he otherwise would.

It also proved the effectiveness of the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

The judge did note the bailiff must record the time the Notice is given. Paragraph 7(3) of Schedule 12, and the evidence acceptable by the court is a proof of posting - which is freely available from any post office.

I am going to ask HM Court service to report the case and I will order a the transcript of the 40 minute judgement. We can use it in future claims involving absent NOE's and regulation 3 of the fees regulations. It is a perfect example of a court requiring bailiffs to follow paragraph 7(3) and record using irrefutable evidence the time the notice was given.

Previously, the courts accepted the bailiffs word for it, and disregarded the operation of Paragraph 7(3).

As a matter or irony, the judge presiding, was involved in the creation and drafting of the Schedule 12 legislation and some of the enforcement regulations. Consequently, he knew them well.

I am now looking at historical Marston cases where no NOE was given and in light of this judgment, may be able to revive these claims and bring them to court to get their money back using para.66 and the source judgment. I should have possession of it towards the end of May.
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#3 Re: DCBL made to pay back fees of £5000.00 High Court Writ

Post by Pote Snitkin » 03 May 2016 18:12

I just want to clarify - the OP said £40,000 of fees were added; I assume that should say £4,000? What was the breakdown of those fees?
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Schedule 12
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#4 Re: DCBL made to pay back fees of £5000.00 High Court Writ

Post by Schedule 12 » 03 May 2016 18:36

It's about £4200. Typo. The judgment requires payment of just over £5000.

A breakdown is not needed because the bailiff was required to explain his fees but was unable. The bailiff has to pay it all back.
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