DCBL

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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PeterG
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#1 DCBL

Post by PeterG » 08 Feb 2017 18:19

I am not sure but I think I have been overcharged. I was overpaid by my solicitor from my divorce and he asked for repayment and accepted a minimal amount per month. Yesterday I was visited by two bailiffs and a film crew, I was shocked as I had received nothing in writing from anyone, the writ and the bailiff paperwork was addressed to my old address from over 5 yrs ago.

I panicked when they said they was looking at taking goods and asked if they would take a credit card for 80% of the balance and instalments for the balance. They provisionally accepted this offer and charged my 2% for paying by card. They left and phoned me back later that day saying the creditor wanted the full amount or instalments of three time whar I had offered.

I started looking at the paperwork and noticed the fees I have been charged enforcement stage fee £1024.80 this was on a original debt of £3125.87 from 04/06/2010 of which no one had contacted me at all until yesterday.

In hindsight I can't afford to pay the credit card bill and a instalment but I just panicked.

Can I do anything at all

Sorry it's long and hope I didn't bore you.

Eric Clapton Wannabe

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Schedule 12
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#2 Re: DCBL

Post by Schedule 12 » 08 Feb 2017 20:10

PeterG wrote:
08 Feb 2017 18:19
I am not sure but I think I have been overcharged. I was overpaid by my solicitor from my divorce and he asked for repayment and accepted a minimal amount per month. Yesterday I was visited by two bailiffs and a film crew,
That will be Brinkworth films. If you want to stop any footage or recordings being used ina TV production then you can issue the company a section 10 Notice.

Here is more: http://www.dealingwithbailiffs.co.uk/ba ... -crew.html

But, you must act quickly. Let me know if you would like a template.



I was shocked as I had received nothing in writing from anyone,
The laws says you must be given notice. DCBL habitually do not. This is to create artistic license for the film crew by being ambusged by bailiffs unexpectedly.

You can apply to stay the execution of the writ. Contact me directly if you would like to start work. It can be done on an emergency basis regardless whether it has been paid in full.

DCBL in its short life, has a colourful history. One of its former bailiffs is best mates with Milly Dowlers killer, and even bragged about it on Facebook.

https://www.thesun.co.uk/news/2800484/t ... bellfield/





the writ and the bailiff paperwork was addressed to my old address from over 5 yrs ago.
The goose is cooked.


I panicked when they said they was looking at taking goods and asked if they would take a credit card for 80% of the balance and instalments for the balance. They provisionally accepted this offer and charged my 2% for paying by card.
The law prohibits credit card fees. You can reclaim them in the small claims track.


They left and phoned me back later that day saying the creditor wanted the full amount or instalments of three time whar I had offered.

I started looking at the paperwork and noticed the fees I have been charged enforcement stage fee £1024.80 this was on a original debt of £3125.87 from 04/06/2010 of which no one had contacted me at all until yesterday.

The fees are always exaggerated with DCBL. That's why I just put the mockers on the writ without telling the bailiff or the creditor.



In hindsight I can't afford to pay the credit card bill and a instalment but I just panicked.

Can I do anything at all

Sorry it's long and hope I didn't bore you.

Eric Clapton Wannabe

You have a number of remedies.

1. A small claims track claim to recover all the fees. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:

  • 3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
The bailiff did not used the Schedule 12 procedure. He skipped Paragraph 7(1) which states:
  • (1)An enforcement agent may not take control of goods unless the debtor has been given notice.

Everything past that point is invalid. You can apply to stay the writ. Here is how that is done if you want to go DIY

http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm

You can also bring a claim in the small claims court by pleading a cause of action under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 which states:
  • 66(1)This paragraph applies where an enforcement agent—

    • (a)breaches a provision of this Schedule, or

      (b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.


    (2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

    (3)But the debtor may bring proceedings under this paragraph.

    (4)Subject to rules of court, the proceedings may be brought—

    • (a)in the High Court, in relation to an enforcement power under a writ of the High Court;

      (b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

      (c)in any other case, in the High Court or the county court.

    (5)In the proceedings the court may

    • (a)order goods to be returned to the debtor;

      (b)
      • order the enforcement agent
      or a
      • related party
      to
      • pay damages
      in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument
    .

A related party is the creditor.

This article gives a summary of the procedure for bringing a claim in the small claims court.
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#3 Re: DCBL

Post by Pote Snitkin » 08 Feb 2017 21:27

I wonder which bailiff this was? I believe Brian the Hutt has now left the company.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#4 Re: DCBL

Post by Schedule 12 » 08 Feb 2017 22:07

Its Gary Brown.

Brian O'Shaunessy is no longer with DCBL.
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cornishcolin
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#5 Re: DCBL

Post by cornishcolin » 31 Mar 2017 22:10

Hi Jason
Thanks to your kind advice I had the Writ set aside as you know. Brinkworth Films Ltd have written to me stating they will not use the footage they took at my Unit. I am waiting for a reply from DCBL for searching my unit and writing out a list of control for all my property when they knew it was the wrong name of the company and the wrong address. The "Claimant" who did everything DCBL told him, or advised him to do has cancelled all and any claims against me and will be paying to have it recorded at Court.
In complete truthfulness Jason without your kind help and the advice you gave me which I followed by every step has cancelled everything to do with this Writ. Cancelled Brinkworth Films and Cancelled the Claim. Just DCBL now to obtain an apology from. Thank YOU

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Schedule 12
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#6 Re: DCBL

Post by Schedule 12 » 01 Apr 2017 09:44

Your welcome Colin. But don't expect an apology from DCBL.

Pleased its all been sorted.
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PeterG
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#7 Re: DCBL

Post by PeterG » 04 May 2017 15:42

well I wrote to DCBL and had a few telephone conversations with them and attached is the letter i received back, I do not know whether to laugh or cry. where do I go from here please
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#8 Re: DCBL

Post by Schedule 12 » 04 May 2017 16:21

Start your own thread. Find out of the creditor is VAT registered, and do a recovery in the small claims court.
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#9 Re: DCBL

Post by Pote Snitkin » 04 May 2017 17:53

Not even a named signature on that letter.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#10 Re: DCBL

Post by Schedule 12 » 04 May 2017 18:43

Litigious correspondence isn't signed.
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PeterG
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#11 Re: DCBL

Post by PeterG » 05 May 2017 12:36

jasonDWB wrote:
04 May 2017 16:21
Start your own thread. Find out of the creditor is VAT registered, and do a recovery in the small claims court.
Hi Jason, this was my original thread. how do I start a claim and what do i say, the creditor is vat registered as he is a solicitor.

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#12 Re: DCBL

Post by Schedule 12 » 05 May 2017 13:20

Here is how to make a claim in the small claims track: http://www.dealingwithbailiffs.co.uk/Co ... edure.html

I offer private clients a low-cost fixed fee small claims drafting service. It includes preparing the:


  • 1. Letter Before Action. Say why the money is owed and give the defendant an opportunity to pay before the action starts.

    2. The claim particulars to go on a form N1 to start the claim.

    3. A witness statement and the evidence bundle to be filed at court and served on the defendant when the claim is allocated a hearing date.

    4. The skeleton argument to give to the judge on the day of the hearing. This helps the court determine the legal basis of your claim.

To prove the VAT element of your claim, follow this: http://www.dealingwithbailiffs.co.uk/Re ... TFraud.htm
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