The very short version. CCJ up to HC, HCEO turns up out of the blue.
We've asked 4 times for proof posting initial 7-day letter. Ignored. We've established in writing they had turned up once before when we weren't in, called our landline but didn't leave a voicemail. Seeing the caller ID we called back an hour later and asked how we could help the caller and got oh we were just passing, when are you open? Didn't identify themselves as bailiffs at that time. Have confirmation from them the number was their attending bailiff and their arrival and departure time from our property. 30 mins - ties in with the phone time. Asked why they never stuck paperwork on the door or put something in our letterbox at that visit. Ignored. Got an email saying internal independent investigation will happen etc - 45 days ago. Chased it. Ignored. (Have read about such here and we get it) Asked for copies of their video - got a nonsense email reply.
The actual stormtrooper we are shutting your business down visit, we were shown a broken iPad with a number £1,500 more than the debt 20 minutes after their arrival, so basically the initial debt and every fee they could charge. We also had to ask customers to leave. Reading here, and elsewhere, we want to go after them for all their fees aside from what would have been their initial fee had they sent a letter where we could have, and would have, settled the debt.
We're somewhat confused as to the path to take. Can we do this ourselves in the County Court? Do we go after them/their client/all of the above? Or do we need to engage someone to do this for us in the High Court via the process we have read about? Thanks for any advice. Happy to wax lyrical about any more detail of the episode.
Paid but want to go after HCEO for some fees back
Re: Paid but want to go after HCEO for some fees back
You can still apply to stay the writ. That nullifies all the bailiffs fees. https://www.dealingwithbailiffs.co.uk/S ... r-HCEO.htm
You can ask the court to examine the fees and see whether they are truthful. This a called a detailed assessment hearing. https://www.dealingwithbailiffs.co.uk/da.html
If the bailiff company is DCBL then you don't need to prove whether a notice of enforcement was given. It is a fact they don't give one. Just give a copy of the judgment of Rooftops South West Ltd vs DCBL [2018] EWHC 2798 (QB).
The action is brought in the High Court and I recommend you get lawyered up. I can examine your case to see the probability of success before you commit to a solicitor.
You can ask the court to examine the fees and see whether they are truthful. This a called a detailed assessment hearing. https://www.dealingwithbailiffs.co.uk/da.html
If the bailiff company is DCBL then you don't need to prove whether a notice of enforcement was given. It is a fact they don't give one. Just give a copy of the judgment of Rooftops South West Ltd vs DCBL [2018] EWHC 2798 (QB).
The action is brought in the High Court and I recommend you get lawyered up. I can examine your case to see the probability of success before you commit to a solicitor.
Re: Paid but want to go after HCEO for some fees back
Thank you for response. How would you like us to contact?