Time limit to reclaiming bailiffs fee.

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Warrenj99
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Time limit to reclaiming bailiffs fee.

Post by Warrenj99 » 15 Apr 2018 13:03

Hi, im hoping someone can help.
I wont waffle in with all the details but basically. In i had high court bailiffs on my door step around august time. Set up a controlled good agreement, sent a form to the courts in December to change the Payment amount and stop bailiff action I know pay the person I owe not the bailiffs. I believe i have over paid in fees and I’m wondering if I can still try and claim them back.

Any help with be greatly appreciated.

Thank you.

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Schedule 12
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Re: Time limit to reclaiming bailiffs fee.

Post by Schedule 12 » 15 Apr 2018 13:58

The procedure is a detailed assessment hearing. This is to apply to the court to scrutinise the fees and charges the bailiffs have charged.

You will need an expert to draft your detailed assessment, so this should not be attempted on your own.

The time limit to bring a detailed assessment hearing is 6 years, but you will be asked to explain why it has taken you so long to bring the claim and you might not get the 8% interest on the overcharged fees being repaid to you.

Here is more: http://www.dealingwithbailiffs.co.uk/da.html
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Pote Snitkin
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Re: Time limit to reclaiming bailiffs fee.

Post by Pote Snitkin » 15 Apr 2018 15:23

Why don't you just list the figures here and we can try to advise?
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Warrenj99
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Re: Time limit to reclaiming bailiffs fee.

Post by Warrenj99 » 17 Apr 2018 12:52

Hi, thank you for the fast response. So basically I knew I had a CCJ and received a letter from the courts saying its been processed and that I owed the money in hole within a certain number of days. I didn’t pay it and they then got the bailiffs involved. With out and warning or letters, 0 communication from the bailiffs they turned up with a writ of control for £8913.56 they then handed me a notice of enforcement for the amount of £9065.32 still stood at my door step they asked if I could pay this amount in full at that point I couldn’t, they then said they had to charge enforcement fees and the amount then went to £11981.47.
After this I let them in, we came to a controlled goods agreement. they listed some of my items nothing ever got removed and they haven’t been back since. After applying to the courts to change the amount they wanted monthly I know pay they person I owe directly. I had never dealt with anything like this and knowing what I know now wouldn’t of let them or for that matter even let it get this far. I’m shore somewhere they have over charged on fees as just over £3000 for one visit seems excessive. Thank you in advance for your help.

John The Baptist
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Re: Time limit to reclaiming bailiffs fee.

Post by John The Baptist » 17 Apr 2018 13:20

Warrenj99 wrote:
17 Apr 2018 12:52
Hi, thank you for the fast response. So basically I knew I had a CCJ and received a letter from the courts saying its been processed and that I owed the money in hole within a certain number of days. I didn’t pay it and they then got the bailiffs involved. With out and warning or letters, 0 communication from the bailiffs they turned up with a writ of control for £8913.56 they then handed me a notice of enforcement for the amount of £9065.32 still stood at my door step they asked if I could pay this amount in full at that point I couldn’t, they then said they had to charge enforcement fees and the amount then went to £11981.47.
After this I let them in, we came to a controlled goods agreement. they listed some of my items nothing ever got removed and they haven’t been back since. After applying to the courts to change the amount they wanted monthly I know pay they person I owe directly. I had never dealt with anything like this and knowing what I know now wouldn’t of let them or for that matter even let it get this far. I’m shore somewhere they have over charged on fees as just over £3000 for one visit seems excessive. Thank you in advance for your help.
It seems like they have certainly overcharged you in fees.

Do you know the interest that has been added?

Did you ever receive anything in writing from the bailiff company before the visit?

Is the creditor a large, national creditor or a one off smaller enterprise? (ie would they use HCEOs to recover debts regularly)

Who was the bailiff company?

I would contact the bailiff company immediately and ask for a complete breakdown of fees. If the 2nd enforcement stage has been added, ask them to explain why. If the sale fee has also been added, ask them also to explain why. In addition, ask that you require sight of any body worn video footage taken from the visit and what do you have to do to obtain it? Copy the creditor in on the communication.
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Pote Snitkin
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Re: Time limit to reclaiming bailiffs fee.

Post by Pote Snitkin » 17 Apr 2018 13:21

Gonna need to be clearer with these figures as they don't add up at the moment. You need to find the paperwork and list down each fee that they've charged. You also need to clarify exactly how much the original CCJ was for without any bailiff fees as the jump from £8913 to £9065 doesn't tally with anything.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Schedule 12
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Re: Time limit to reclaiming bailiffs fee.

Post by Schedule 12 » 17 Apr 2018 13:34

Can you let us know what the bailiff company answers to the question about the 2nd enforcement stage fee and the sale stage fee.

Ove the last few weeks, I have put through court a number of detailed assessment applications presented by a solicitor into court with favorable results, with costs against the errant bailiff company for seemingly minor infractions with the Schedule 12 enforcement provisions triggering regulation 3 of the 2014 fees regs.

Minor infractions include charging VAT with a VAT registered creditor and charging a £9 card processing fee which yielded indemnity costs for the solicitor.

If you can get the bailiff company to explain the sale stage fee then we can process your claim with a detailed assessment hearing. The law doesn't require the bailiff company to be given notice of the application and the solicitor is on the record before the bailiff company can take pre-emptive action and put it right at the last minute. The bailiff company lands the bill before we file at go to court and you get a speedy refund to your bank account.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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