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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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.
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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.

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Warrenj99
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Re: Time limit to reclaiming bailiffs fee.

Post by Warrenj99 » 20 Apr 2018 14:17

Sorry for taking so long to get back to you all. Can I just start by I appreciate the help and thank you for taking time out to help.
1. DCBL is the company
2. I received no communication from the bailiffs until they arrived at my door
3. So the original amount owed is £8795.81 (to an ex employer) they arrived with notice of enforcement adding £61.76 interest £90 compliance total £9065.32
4. Couldn’t pay that so then got told I owe £11981.47 they added £90.71 interest £90 compliance fee. I paid £6120 on the spot and entered a controlled goods agreement. They left with out removing any property.
5. Spoke to DCBL, 1st 2nd and sale and disposal has been charged. They wouldn’t explain why as such they just told me this was correct.


Since in October I applied for a Variation order and now pay my ex employer directly.

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Re: Time limit to reclaiming bailiffs fee.

Post by Schedule 12 » 20 Apr 2018 14:39

It doesn't matter what the fees are. You can reclaim all of them by having a detailed assessment hearing. Their fees fail because they did not keep a record of the time the notice was given, and that triggers regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 which says the enforcement agent may only use the fee regulations if he uses the schedule 12 enforcement provisions.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Re: Time limit to reclaiming bailiffs fee.

Post by Pote Snitkin » 20 Apr 2018 14:50

They have ripped you off. You need to make a formal complaint to DCBL asking for a refund of the second enforcement and sale stage fees and any associated charges before proposing a detailed assessment hearing, and contact the creditor to complain about what the bailiff's they hired have done.

They can only charge the compliance stage fee and the first enforcement stage fee. The legislation is the Taking Control Of Goods (Fees) Regulations 2014 - http://www.legislation.gov.uk/uksi/2014 ... ion/6/made
  • 6.—(1) The relevant stages of enforcement under an enforcement power conferred by a High Court writ are as follows—

    (a) the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the first enforcement stage, or, where sub-paragraph (c)(i) applies, the commencement of the second enforcement stage;

    (b) where the enforcement agent and the debtor enter into a controlled goods agreement, the first enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions until the agreement is completed or breached;
A controlled goods agreement was set up so there was no cause to enter the next stage which says:
  • (c) the second enforcement stage, which comprises—

    (i) where the enforcement agent and the debtor do not enter into a controlled goods agreement, all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

    (ii) where the enforcement agent and the debtor enter into a controlled goods agreement but the debtor breaches that agreement, all activities relating to enforcement from the time at which the debtor breaches the agreement up to but not including the commencement of the sale or disposal stage;
And definitely not the sale stage:
  • (d)the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation14).
DCBL are well known for doing this.
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John The Baptist
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Re: Time limit to reclaiming bailiffs fee.

Post by John The Baptist » 20 Apr 2018 19:02

Sadly, it is not surprising that the company involved were DCBL. That appalling company and sale fees on the first visit go hand in hand.

I would follow the advice of Pote. As the creditor is not a regular user of bailiffs, there is not quite the same responsibility placed on them but it won't harm to contact them.

The complaints stages that DCBL have (very conveniently) take more than 2 months to see through. As you will still be repaying the debt in this period, this shouldn't matter too much. The important thing is not to give up the will or lose heart because that is what they want you to do.

Ask DCBL for a copy of the footage taken during your visit. State that you pledge not to share this footage with anyone other than your legal representative and you will not post any part of it online. It my well be the case that footage is no longer available, given the time that has elapsed.

State that no NoE was received and ask for sight of a copy, along with confirmation of the time and date that it was given.
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Re: Time limit to reclaiming bailiffs fee.

Post by Pote Snitkin » 20 Apr 2018 19:54

Dare we ask the name of the bailiff?
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Re: Time limit to reclaiming bailiffs fee.

Post by Schedule 12 » 21 Apr 2018 09:01

I've had another client, now a total of five since October last year, saying that DCBL bailiffs entered their home without notice, ransacked the bedrooms and jewellery is missing while having a body-worn camera

On each occasion, the police said bailiffs can enter without notice and take property without making an inventory.

The commonalities are that its always Claire Sandbook's name is on the writ, the bailiff attends without notice, the bailiff company is DCBL, the bailiff's camera footage goes missing, the client's insurer can never trace the stolen gold and diamonds, but its different bailiffs or a bailiff refusing to show ID. This leads me to believe this could be organised crime and only an expert can make stolen gold and diamonds disappear.

I have no other government agency to bring this to, so I am asking clients permission to prepare a story for the media.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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