Firstly thanks for taking the time to read my post.
Thursday 3rd of October (last Thursday) an agent from dcbl visited my home and spoke to my wife who in turn immediately rang me (10.38am) and I spoke to the man from dcbl who told me that I had a CCJ against me and I owed £3252 and I needed to pay it immediately or it would go up to £3992 and if I didnt pay that he would "empty my house". I was at work so I jumped in my car (I was at work a few mins away) and then pulled up at home. The garage door was open and he had started to pull out things like a bike, lawnmower etc. He showed me his badge and told me I had to pay this outstanding amount immediately. I know the times and amounts he asked for as my front door is covered by a camera with a microphone which captured the amount he requested and the time he requested it as well as my own mobile phone record of the time of the conversation.
There is a short back story to this situation. I did owe some money to a company but the amount was in dispute. They filed at the county court for a money order for £2222.75 (inc costs) and I responded entering a defence online stating that I agreed I owed some of the amount but not all and then filled in the sections explaining why and that was that. I then got a letter stating that because I had not filed a defence that they had been awarded the case and they would be in touch to tell me how to pay the money. So I have complained to the courts stating that I did put in defence and that I would like the case to be looked into (this is still ongoing) and I also informed the debtor regarding the situation.
I rang the debtor while the bailiff was here to explain that there was a bailiff at my house and the last contact I had had from anyone was telling me that they would be in touch to tell me how to pay but I have heard nothing since and gathered that I had not had any contact due to the unusual situation regarding the court case, but they didn't care.
The dcbl guy said I had been sent a "Notice of Enforcement" which I have never had or I would have responded. He said that's what everyone says!
I explained this to the guy from dcbl about the court situation but he didn't care and said can you pay this £3252 now and I said not right now but I need to make a call. At 11.00 am he said I had had long enough and called his office to escalate this to removal and said on the phone, send the big van its a full house removal. He made a note on the form of 11.05 am. He then said to me you now owe £3992.
My wife was in tears, the situation was very emotional, he was walking in and out of the garage which leads into my house, I was in a real state but I spoke to my dad (i was in the house) and he said he would come over and sort out the money and this was 10.58 but he was 35-40 mins away.
Anyway, my dad turned up and together we paid by card.
Now after everything had calmed down I looked at the sheet the guy had left me, headed up "Notice that goods have been removed for storage or sale" and then it lists the following:-
Debt £2222.75
Interest £6.90
Compliance fee £90
Enforcement stage fee £932.40
Sale stage fee £740.40
Total £3992.45
It also says "This is to tell you that I have removed goods listed at the back of the notice to secure storage or for sale" but obviously there is nothing on the reverse as he did not need to take anything because I paid.
Having calmed down I turned to the internet as something did not look right and I have a few questions if anyone can offer any help or insight, please. This was the first visit by dcbl.
I DID NOT get a "Notice of Enforcement" that's a fact and I have read that this is not unusual for dcbl and they must be able to prove that one was sent? https://www.bailii.org/ew/cases/EWHC/QB/2018/2799.html
The Compliance stage fee is £90 and not the £75 noted everywhere as the correct fee. I am assuming this is £75+ VAT but the creditor is VAT registered and therefore the £75 should not attract VAT? This would make the figures incorrect also.
The guy told me straight away that I owed £3252 which seems a lot and I cannot for the life of me get this figure based on the charges. I thought there were different fee stages?
Originally when he spoke to me it was 10.38 am and he said "you have 30 mins to pay or the amount goes up to £3992" but at 11.05 am he calls his office to request permission to escalate this and add a further £740. By reckoning that's only 27 mins and he knew I was calling my dad and my phone records show I spoke to my dad before his "30 mins" had passed and there is also video footage of me telling the guy at 11.30 that my dad must almost be here as I had told the dcbl guy at 11 am that he was coming from Bradford which is a good 35-45 mins away.
What should I do? The figures don't add up (if you can work them out and see if they are wrong). If they are wrong I know I can then have a detailed assessment and get the fees back. They looked to have charged VAT (on the £75) when the debtor is VAT registered and the fees are wrong automatically (or they have charged the wrong amount (£90 ex VAT) and therefore the figures are wrong again). So the figures must be wrong and I also have no "Notice of Enforcement" or I would have responded to it.
It also seems the initial figure the dcbl guy askes for of £3252 must be incorrect. First visit and the first time he speaks to me this is the figure.
Please tell me I am not insane or stupid but have just been mugged by an agent of the courts.
Any help will be gratefully received.
Thanks
DCBL - Not sure of best course of action - Anyone?
Re: DCBL - Not sure of best course of action - Anyone?
The first thing you must do is get a copy of the original judgment from the county court that issued it. It will give the judgment amount, the date and the address of the debtor.
If your address is different to the address the bailiff attended then the fees and the enforcement is revoked. You apply for a stay of execution and a set aside of the judgment so you can file your defence, or in your case, a defence of part of the judgment.
DCBL don’t give a Notice of Enforcement. But proving that is difficult, so I always apply for a detailed assessment hearing under CPR 84.16 to examine the enforcement fees. DCBL always charge too much and they will have to pay your costs for bringing the application. Only the debtor named on the judgment can apply.
Going from a judgment debt of £2222.75 - which I cannot treat as reliable because its is probably not a true figure of the original judgment, for calculating a detailed assessment of fees. Can you visit Trust Online and do a search on yourself and get the judgment amount, judgment date and be sure the address is the same as the address the bailiff attended.
I’ll give the detailed assessment arithmetic and see how much you have been overcharged.
You can then apply for a suspension of the enforcement power pending the court hearing your detailed assessment, then apply to transfer the claim to your home court to defend the original claim.
That will take the bailiff out of the loop and reduce the original judgment with your CPR 46.5 costs set off against the judgment.
If your address is different to the address the bailiff attended then the fees and the enforcement is revoked. You apply for a stay of execution and a set aside of the judgment so you can file your defence, or in your case, a defence of part of the judgment.
DCBL don’t give a Notice of Enforcement. But proving that is difficult, so I always apply for a detailed assessment hearing under CPR 84.16 to examine the enforcement fees. DCBL always charge too much and they will have to pay your costs for bringing the application. Only the debtor named on the judgment can apply.
Going from a judgment debt of £2222.75 - which I cannot treat as reliable because its is probably not a true figure of the original judgment, for calculating a detailed assessment of fees. Can you visit Trust Online and do a search on yourself and get the judgment amount, judgment date and be sure the address is the same as the address the bailiff attended.
I’ll give the detailed assessment arithmetic and see how much you have been overcharged.
You can then apply for a suspension of the enforcement power pending the court hearing your detailed assessment, then apply to transfer the claim to your home court to defend the original claim.
That will take the bailiff out of the loop and reduce the original judgment with your CPR 46.5 costs set off against the judgment.
Re: DCBL - Not sure of best course of action - Anyone?
Wow Zeke, thank you so much.
I have the judgement here that says judgement is for £2105.00 (19th August) that I have to pay the debtor. So where has the £2222.75 come from, it cant be interested?
If you can try to work out what the fees should have been it would be a great help.
I am aware that the bailiff asking to be paid for work they have not done is a fraud "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud." What I mean is when the dcbl guy initially spoke to me and asked for £3252 he was asking for money for stages not yet completed and he did not even know at that time if he would need to move to the next stage, he just decided to charge for work not yet done!
Do you think there is a chance to get the fees back?
Many thanks
I have the judgement here that says judgement is for £2105.00 (19th August) that I have to pay the debtor. So where has the £2222.75 come from, it cant be interested?
If you can try to work out what the fees should have been it would be a great help.
I am aware that the bailiff asking to be paid for work they have not done is a fraud "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud." What I mean is when the dcbl guy initially spoke to me and asked for £3252 he was asking for money for stages not yet completed and he did not even know at that time if he would need to move to the next stage, he just decided to charge for work not yet done!
Do you think there is a chance to get the fees back?
Many thanks
Re: DCBL - Not sure of best course of action - Anyone?
To do the fee arithmetic:
Can you tell me the date the bailiff demanded or took £3992.45 and
whether that sum was demanded or was taken, and
Whether the creditor is registered for VAT
You can look up a VAT registrant here: http://www.vat-lookup.co.uk/
Did the bailiff remove any goods? or did he just make a list on the back of a document?
Can you tell me the date the bailiff demanded or took £3992.45 and
whether that sum was demanded or was taken, and
Whether the creditor is registered for VAT
You can look up a VAT registrant here: http://www.vat-lookup.co.uk/
Did the bailiff remove any goods? or did he just make a list on the back of a document?
Re: DCBL - Not sure of best course of action - Anyone?
Hi Zeke
The bailiff came on Thursday 3rd October, so just last week. I paid while he was here. He said if I didnt pay the £3252 it would go upto £3992.45 and while I was ringing my dad he called his office and made the increase but this was maybe 20 mins after I got here and I did say I didn't have the money but I would try get it, he didn't say what can I pay or give me any options.
Yes, the creditor is VAT registered.
He didn't take anything or make a list on the back, it is empty.
Thanks again
The bailiff came on Thursday 3rd October, so just last week. I paid while he was here. He said if I didnt pay the £3252 it would go upto £3992.45 and while I was ringing my dad he called his office and made the increase but this was maybe 20 mins after I got here and I did say I didn't have the money but I would try get it, he didn't say what can I pay or give me any options.
Yes, the creditor is VAT registered.
He didn't take anything or make a list on the back, it is empty.
Thanks again
Re: DCBL - Not sure of best course of action - Anyone?
From the limited information given, a detailed assessment of the bailiff's fees would show that you have been overcharged by £650.80 or £3254.85 if the judgment is set aside.
Your detailed assessment statement would look something like this...
The detailed assessment of fees and charges of the Enforcement Agent are based on a Judgment debt of £2105 and a judgment date of 19/08/2019, as shown on page 1 of Exhibit AA is as follows:
(1) The date the money was taken by the Enforcement Agent is 03/10/2019
(2) The amount taken by the Enforcement Agent is £3252 and a copy of the demand is on page 2 of Exhibit AA
(3) The number of days from the Judgment date of 19/08/2019 to the date of the demand 03/10/2019 is 45 days
(4) The statutory interest due on the Judgment debt is £20.76
(5) The Judgment debt including statutory interest is £2125.76
(6) The Execution Fee is £117.75
(7) The 'Sum to be recovered' under regulation 2(1) of the Taking Control of Goods (Fees) Regulations 2014 which is the Judgement debt plus interest plus the Execution Fee is £2243.51
(8) The Notice of Enforcement was not given, therefore the date of issue and the date it was given to the debtor cannot be reliably determined
(9) Table 2 fees £358.26
The debt was paid on the first attendance. The Table 2 fees are made up as follows
Compliance Stage Fee £75
First Enforcement Stage Fee £190
First Enforcement Stage Fee 7.5% exceeding £1000 £93.26
(10) The total Table 2 fees are £358.26
(11) The Creditor is VAT registered, therefore the Creditor reclaims VAT on fees as input tax as stated in the HMRC Internal Manual VBNB41720 on pages 3 of Exhibit AA
(12) The total sum recoverable under the enforcement power is £2601.78
(13) The amount taken by the Enforcement Agent is £3252 as per page 5 of Exhibit AA
(14) The date the money taken by the Enforcement Agent is 03/10/2019
(15) The excess money taken by the Enforcement Agent is £650.22
(16) As no Notice of Enforcement was given, therefore regulation 3 of the TCG(F)R's 2014 applies and states that the Enforcement Agent is unable to use the 2014 fee schedule. Consequently, the fees and charges are £0.00, therefore the excess money taken by the Enforcement Agent is £1008.49 being the sum of the excess money taken including the Table 2 fees.
(17) Calculating interest due on money taken:
(18) The money taken on 03/10/2019 is £3252 and the number of days since the money was taken is 4 days giving a daily interest of £0.71, therefore the interest due is £2.85
(19) The total money owed is as follows:
(20) The money taken is £3252
(21) The number of days between the date the money was taken, 03/10/2019 and the date of this application was prepared is 07/10/2019 is 4 days
(22) The interest due on the excess money taken is £0.57.
(23) The total money owed and claimed is £650.8
(24) and continuing each day from 07/10/2019 at the daily rate of £0.14 per day until the date the money is returned plus my costs of bringing this application as allowed by the court.
(25) I am owed £3254.85 plus daily interest of £0.71 and continuing each day from 07/10/2019 until the money is paid.
Evidence to be added to this statement:
1. Screenshot of the document showing Judgment debt £2105 from https://www.trustonline.org.uk or a copy of the judgment or order
2. Screenshot of Creditor VAT registration from https://vat-search.co.uk on pages 4 of Exhibit AA
3. Copy of HMRC Internal Manual VBNB41720. Creditor reclaims VAT on fees as input tax as per the HMRC Internal Manual VBNB41720 on page X of Exhibit AA
Your detailed assessment statement would look something like this...
The detailed assessment of fees and charges of the Enforcement Agent are based on a Judgment debt of £2105 and a judgment date of 19/08/2019, as shown on page 1 of Exhibit AA is as follows:
(1) The date the money was taken by the Enforcement Agent is 03/10/2019
(2) The amount taken by the Enforcement Agent is £3252 and a copy of the demand is on page 2 of Exhibit AA
(3) The number of days from the Judgment date of 19/08/2019 to the date of the demand 03/10/2019 is 45 days
(4) The statutory interest due on the Judgment debt is £20.76
(5) The Judgment debt including statutory interest is £2125.76
(6) The Execution Fee is £117.75
(7) The 'Sum to be recovered' under regulation 2(1) of the Taking Control of Goods (Fees) Regulations 2014 which is the Judgement debt plus interest plus the Execution Fee is £2243.51
(8) The Notice of Enforcement was not given, therefore the date of issue and the date it was given to the debtor cannot be reliably determined
(9) Table 2 fees £358.26
The debt was paid on the first attendance. The Table 2 fees are made up as follows
Compliance Stage Fee £75
First Enforcement Stage Fee £190
First Enforcement Stage Fee 7.5% exceeding £1000 £93.26
(10) The total Table 2 fees are £358.26
(11) The Creditor is VAT registered, therefore the Creditor reclaims VAT on fees as input tax as stated in the HMRC Internal Manual VBNB41720 on pages 3 of Exhibit AA
(12) The total sum recoverable under the enforcement power is £2601.78
(13) The amount taken by the Enforcement Agent is £3252 as per page 5 of Exhibit AA
(14) The date the money taken by the Enforcement Agent is 03/10/2019
(15) The excess money taken by the Enforcement Agent is £650.22
(16) As no Notice of Enforcement was given, therefore regulation 3 of the TCG(F)R's 2014 applies and states that the Enforcement Agent is unable to use the 2014 fee schedule. Consequently, the fees and charges are £0.00, therefore the excess money taken by the Enforcement Agent is £1008.49 being the sum of the excess money taken including the Table 2 fees.
(17) Calculating interest due on money taken:
(18) The money taken on 03/10/2019 is £3252 and the number of days since the money was taken is 4 days giving a daily interest of £0.71, therefore the interest due is £2.85
(19) The total money owed is as follows:
(20) The money taken is £3252
(21) The number of days between the date the money was taken, 03/10/2019 and the date of this application was prepared is 07/10/2019 is 4 days
(22) The interest due on the excess money taken is £0.57.
(23) The total money owed and claimed is £650.8
(24) and continuing each day from 07/10/2019 at the daily rate of £0.14 per day until the date the money is returned plus my costs of bringing this application as allowed by the court.
(25) I am owed £3254.85 plus daily interest of £0.71 and continuing each day from 07/10/2019 until the money is paid.
Evidence to be added to this statement:
1. Screenshot of the document showing Judgment debt £2105 from https://www.trustonline.org.uk or a copy of the judgment or order
2. Screenshot of Creditor VAT registration from https://vat-search.co.uk on pages 4 of Exhibit AA
3. Copy of HMRC Internal Manual VBNB41720. Creditor reclaims VAT on fees as input tax as per the HMRC Internal Manual VBNB41720 on page X of Exhibit AA
Re: DCBL - Not sure of best course of action - Anyone?
Wow again....
I cannot tell you how grateful I am for this help.
The amount I paid the agent was £3992.45, not £3252.05, sorry if I gave the wrong info or was not clear Zeke. He increased the amount from £3252.05 to £3992.45 and thats what he said I had to pay or he would take everything from my house.
I can try work this out but your continued help would be good.
Thanks
Paul
I cannot tell you how grateful I am for this help.
The amount I paid the agent was £3992.45, not £3252.05, sorry if I gave the wrong info or was not clear Zeke. He increased the amount from £3252.05 to £3992.45 and thats what he said I had to pay or he would take everything from my house.
I can try work this out but your continued help would be good.
Thanks
Paul
Re: DCBL - Not sure of best course of action - Anyone?
me again,
What and where should I go next, what paperwork and what court etc please. I am unsure what the application should be. I really appreciate your help and support, it's incredible help.
What and where should I go next, what paperwork and what court etc please. I am unsure what the application should be. I really appreciate your help and support, it's incredible help.
Re: DCBL - Not sure of best course of action - Anyone?
Your action is to apply for a detailed assessment under CPR 84.16 at the High Court in London. But here's a caveat. Do not attempt a DIY. You may as well have a solicitor do it because, with all DCBL detailed assessments, the costs are thrown at the bailiff company.
I have re-run your detailed assessment arithmetic statement with £3992.45 as the money taken by the enforcement agent on 3 October 2019 for a judgment debt of £2105.00 dated 19 August 2019.
The unknown variables are whether you plan to defend the judgment and whether the address on the judgment is different from the address the bailiff attended. I made assumptions the judgment is not being defended and the address on the judgment is the same as the address attended by the bailiff.
Your arithmetic statement now looks like this:
The detailed assessment of fees and charges of the Enforcement Agent are based on a Judgment debt of £2105 and a judgment date of 19/08/2019, as shown on page 1 of Exhibit AA is as follows:
(1) The date the money was taken by the Enforcement Agent is 03/10/2019
(2) The amount taken by the Enforcement Agent is £3992.45 and a copy of the demand is on page 2 of Exhibit AA
(3) The number of days from the Judgment date of 19/08/2019 to the date of the demand 03/10/2019 is 45 days
(4) The statutory interest due on the Judgment debt is £20.76
(5) The Judgment debt including statutory interest is £2125.76
(6) The Execution Fee is £117.75
(7) The 'Sum to be recovered' under regulation 2(1) of the Taking Control of Goods (Fees) Regulations 2014 which is the Judgement debt plus interest plus the Execution Fee is £2243.51
(8) The Notice of Enforcement was not given, therefore the date of issue and the date it was given to the debtor cannot be reliably determined
(9) Table 2 fees £358.26
The debt was paid on the first attendance. Table 2 fees are made up as follows
Compliance Stage Fee £75
First Enforcement Stage Fee £190
First Enforcement Stage Fee 7.5% exceeding £1000 £93.26
(10) The total Table 2 fees are £358.26
(11) The Creditor is VAT registered, therefore the Creditor reclaims VAT on fees as input tax as stated in the HMRC Internal Manual VBNB41720 on page 3 of Exhibit AA
(12) The total sum recoverable under the enforcement power is £2601.78
(13) The amount taken by the Enforcement Agent is £3992.45 as per page 5 of Exhibit AA
(14) The date the money taken by the Enforcement Agent is 03/10/2019
(15) The excess money taken by the Enforcement Agent is £1390.68
(16) As no Notice of Enforcement was given, therefore regulation 3 of the TCG(F)R's 2014 applies and states that the Enforcement Agent is unable to use the 2014 fee schedule. Consequently, the fees and charges are £0.00, therefore the excess money taken by the Enforcement Agent is £1748.94 being the sum of the excess money taken including the Table 2 fees.
(17) Calculating interest due on money taken:
(18) The money taken on 03/10/2019 is £3992.45 and the number of days since the money was taken is 5 days giving a daily interest of £0.88, therefore the interest due is £4.38
(19) The total money owed is as follows:
(20) The money taken is £3992.45
(21) The number of days between the date the money was taken, 03/10/2019 and the date of this application was prepared is 08/10/2019 is 5 days
(22) The interest due on the excess money taken £1390.68 is £1.52.
(23) The total money owed and claimed is £1392.2
(24) and continuing each day from 08/10/2019 at the daily rate of £0.3 per day until the date the money is returned plus my costs of bringing this application as allowed by the court.
The following evidence must be exhibited with this statement:
1. Screenshot of the document showing Judgment debt £2105 from https://www.trustonline.org.uk or a copy of the judgment or order from the County court
2. Screenshot of Creditor VAT registration from www.vat-lookup.co.uk on page 4 of Exhibit AA
3. Copy of HMRC Internal Manual VBNB41720. Creditor reclaims VAT on fees as input tax as per the HMRC Internal Manual VBNB41720 on pages X-X of Exhibit AA
4. Copy of HMRC letter of 1 July 2015 confirming creditor reclaims VAT on fees as input tax, see HMRC Internal Manual VBNB41720
5. Evidence of the flow of money taken by the enforcment agent £3992.45 on 03/10/2019, such as a bank transaction or a receipt.
I have re-run your detailed assessment arithmetic statement with £3992.45 as the money taken by the enforcement agent on 3 October 2019 for a judgment debt of £2105.00 dated 19 August 2019.
The unknown variables are whether you plan to defend the judgment and whether the address on the judgment is different from the address the bailiff attended. I made assumptions the judgment is not being defended and the address on the judgment is the same as the address attended by the bailiff.
Your arithmetic statement now looks like this:
The detailed assessment of fees and charges of the Enforcement Agent are based on a Judgment debt of £2105 and a judgment date of 19/08/2019, as shown on page 1 of Exhibit AA is as follows:
(1) The date the money was taken by the Enforcement Agent is 03/10/2019
(2) The amount taken by the Enforcement Agent is £3992.45 and a copy of the demand is on page 2 of Exhibit AA
(3) The number of days from the Judgment date of 19/08/2019 to the date of the demand 03/10/2019 is 45 days
(4) The statutory interest due on the Judgment debt is £20.76
(5) The Judgment debt including statutory interest is £2125.76
(6) The Execution Fee is £117.75
(7) The 'Sum to be recovered' under regulation 2(1) of the Taking Control of Goods (Fees) Regulations 2014 which is the Judgement debt plus interest plus the Execution Fee is £2243.51
(8) The Notice of Enforcement was not given, therefore the date of issue and the date it was given to the debtor cannot be reliably determined
(9) Table 2 fees £358.26
The debt was paid on the first attendance. Table 2 fees are made up as follows
Compliance Stage Fee £75
First Enforcement Stage Fee £190
First Enforcement Stage Fee 7.5% exceeding £1000 £93.26
(10) The total Table 2 fees are £358.26
(11) The Creditor is VAT registered, therefore the Creditor reclaims VAT on fees as input tax as stated in the HMRC Internal Manual VBNB41720 on page 3 of Exhibit AA
(12) The total sum recoverable under the enforcement power is £2601.78
(13) The amount taken by the Enforcement Agent is £3992.45 as per page 5 of Exhibit AA
(14) The date the money taken by the Enforcement Agent is 03/10/2019
(15) The excess money taken by the Enforcement Agent is £1390.68
(16) As no Notice of Enforcement was given, therefore regulation 3 of the TCG(F)R's 2014 applies and states that the Enforcement Agent is unable to use the 2014 fee schedule. Consequently, the fees and charges are £0.00, therefore the excess money taken by the Enforcement Agent is £1748.94 being the sum of the excess money taken including the Table 2 fees.
(17) Calculating interest due on money taken:
(18) The money taken on 03/10/2019 is £3992.45 and the number of days since the money was taken is 5 days giving a daily interest of £0.88, therefore the interest due is £4.38
(19) The total money owed is as follows:
(20) The money taken is £3992.45
(21) The number of days between the date the money was taken, 03/10/2019 and the date of this application was prepared is 08/10/2019 is 5 days
(22) The interest due on the excess money taken £1390.68 is £1.52.
(23) The total money owed and claimed is £1392.2
(24) and continuing each day from 08/10/2019 at the daily rate of £0.3 per day until the date the money is returned plus my costs of bringing this application as allowed by the court.
The following evidence must be exhibited with this statement:
1. Screenshot of the document showing Judgment debt £2105 from https://www.trustonline.org.uk or a copy of the judgment or order from the County court
2. Screenshot of Creditor VAT registration from www.vat-lookup.co.uk on page 4 of Exhibit AA
3. Copy of HMRC Internal Manual VBNB41720. Creditor reclaims VAT on fees as input tax as per the HMRC Internal Manual VBNB41720 on pages X-X of Exhibit AA
4. Copy of HMRC letter of 1 July 2015 confirming creditor reclaims VAT on fees as input tax, see HMRC Internal Manual VBNB41720
5. Evidence of the flow of money taken by the enforcment agent £3992.45 on 03/10/2019, such as a bank transaction or a receipt.
Re: DCBL - Not sure of best course of action - Anyone?
Hi Zeke
Thanks again for that. Is there a firm you would suggest? Does this have to be in London, its a long way from me? Thoughts on chances of winning?
The address was correct.
Regarding the actual case. I am wanting the court to rehear the case because they say the defence was not entered when I definitely did it online but I am guessing they will have to look into the whole online issue and find out from a tech team when I logged in, what pages were completed and why the defence was not saved, ridiculous.
I could just apply to the court to have the judgement set aside but maybe I should just go get some advice locally.
Thank you so much, you're a hero.
Thanks again for that. Is there a firm you would suggest? Does this have to be in London, its a long way from me? Thoughts on chances of winning?
The address was correct.
Regarding the actual case. I am wanting the court to rehear the case because they say the defence was not entered when I definitely did it online but I am guessing they will have to look into the whole online issue and find out from a tech team when I logged in, what pages were completed and why the defence was not saved, ridiculous.
I could just apply to the court to have the judgement set aside but maybe I should just go get some advice locally.
Thank you so much, you're a hero.
Re: DCBL - Not sure of best course of action - Anyone?
Hi Zeke
I have just noticed you state £1390.68 (15) and also £1748.94 (16) both say "the excess money taken". Just wanted to make sure.
Cheers
I have just noticed you state £1390.68 (15) and also £1748.94 (16) both say "the excess money taken". Just wanted to make sure.
Cheers
Re: DCBL - Not sure of best course of action - Anyone?
The law firm can be anywhere. You need not go to court. Most law firms I send clients to are in the London area.
If you can show evidence of identity of the creditor, the money and the date it was taken, the original judgment amount and date, then its a winnable case.
If you are making a retrospective defence, the court does a 3 part test, which is:
The snag with defending a judgment is the client cannot normally claim his legal fees for setting aside a judgment because judges are averse to awarding costs to debtors, so I make a detailed assessment application at the same time and list them before the same judge, that way, all the client's legal fees are paid by the bailiff company and the client can enter a defence at the county court against the original claim.
If you have a savvy solicitor, enter the defence on day 12 following the order because after day 14 and the claimant has not paid the listing fee into court, the court strikes out the claim.
If you can show evidence of identity of the creditor, the money and the date it was taken, the original judgment amount and date, then its a winnable case.
If you are making a retrospective defence, the court does a 3 part test, which is:
- evidence you were unaware of the original judgment
Did you act promptly after learning of the judgment, and
Do you have a reasonable chance of defending the claim.
The snag with defending a judgment is the client cannot normally claim his legal fees for setting aside a judgment because judges are averse to awarding costs to debtors, so I make a detailed assessment application at the same time and list them before the same judge, that way, all the client's legal fees are paid by the bailiff company and the client can enter a defence at the county court against the original claim.
If you have a savvy solicitor, enter the defence on day 12 following the order because after day 14 and the claimant has not paid the listing fee into court, the court strikes out the claim.
Re: DCBL - Not sure of best course of action - Anyone?
The detailed assessment gave two scenarios, the first is the debtor being given a Notice of Enforcement, the second, is the Notice was not given.
With a NOE, the fee regulations give an excess £1390.68, and without it, the regulations give £1748.94
The court knows DCBL do not give a NOE as a matter of course, but never try to force a judge’s hand when deciding whether or not a NOE was given.
I give both amounts and let the judge decide whether a NOE was given and he can choose which excess sum applies when he makes the order.
Re: DCBL - Not sure of best course of action - Anyone?
Hi Zeke
I just wanted to thank you for your help. I will speak to a local firm and see how best to proceed with the info I have from you.
Incredible help.
I just wanted to thank you for your help. I will speak to a local firm and see how best to proceed with the info I have from you.
Incredible help.
Re: DCBL - Not sure of best course of action - Anyone?
One last question please...
If the Notice of Enforcement was sent to me (I did not get one) and the figures on the NOE were £75+VAT (£90) and the creditor is VAT registered, then the £75 (or any other charges) should not attract VAT. So if the NOE had £90 listed in the fees then the NOE is incorrect and any action after this is may be unlawful? The reson I ask this is,for example the debt was £10 and no interest and the complience stage fee was £75 making a total of £85 and I paid it, that would be thend of the situation but if the complience stage fee was £90 (when it should be £75) which made the outstanding £100 and this was just to much for me to pay (as I only have £85) then I would be disadvantaged and gained many more fees ONLY because the bailiff company got their figures wrong.
I know this is a technicality but thats how the law works.
Hope that made sense? Thoughts?
If the Notice of Enforcement was sent to me (I did not get one) and the figures on the NOE were £75+VAT (£90) and the creditor is VAT registered, then the £75 (or any other charges) should not attract VAT. So if the NOE had £90 listed in the fees then the NOE is incorrect and any action after this is may be unlawful? The reson I ask this is,for example the debt was £10 and no interest and the complience stage fee was £75 making a total of £85 and I paid it, that would be thend of the situation but if the complience stage fee was £90 (when it should be £75) which made the outstanding £100 and this was just to much for me to pay (as I only have £85) then I would be disadvantaged and gained many more fees ONLY because the bailiff company got their figures wrong.
I know this is a technicality but thats how the law works.
Hope that made sense? Thoughts?
Re: DCBL - Not sure of best course of action - Anyone?
A detailed assessment statement needs to be professionally drafted and address the VAT issue by exhibiting a screenshot of the claimants VAT registration from http://www.vat-finder.co.uk/
You must also exhibit a copy of the HMRC briefing note VBNB41720 which explains how VAT works on enforcement fees for a VAT registered claimant.
Also on 01 July 2015, an officer of HMRC clarified to a debt charity in a letter which states: The fees recovered from the debtor by way of the fixed statutory charges are, in effect, a reimbursement of the costs incurred by the creditor in securing the debt and will usually be offset against the charge made by the Enforcement Agent.
If the creditor is VAT registered, they make the invoice to the creditor and they reclaim the VAT as input tax. By taking the VAT from the debtor, the Enforcement Agent is paid twice.
The bailiffs fees to not attract interest in a detailed assessment.
You can add to the witness statement a Notice of Enforcement wasn't given. The court will require DCBL to prove a paragraph 7.2 requirement to keep a record of the time the NOE was posted.
A reconstituted copy of a NOE made on a computer does not satisfy the burden of proof because they were caught out by backdating the issue date of a NOE with a date the debtor did not live at the address printed on it.
I recommend not attempting a detailed assessment yourself unless you are competent. Otherwise DCBL’s solicitor will send letters with threatening language. If you are represented, the letters received are charged to DCBL as costs.
You must also exhibit a copy of the HMRC briefing note VBNB41720 which explains how VAT works on enforcement fees for a VAT registered claimant.
Also on 01 July 2015, an officer of HMRC clarified to a debt charity in a letter which states: The fees recovered from the debtor by way of the fixed statutory charges are, in effect, a reimbursement of the costs incurred by the creditor in securing the debt and will usually be offset against the charge made by the Enforcement Agent.
If the creditor is VAT registered, they make the invoice to the creditor and they reclaim the VAT as input tax. By taking the VAT from the debtor, the Enforcement Agent is paid twice.
The bailiffs fees to not attract interest in a detailed assessment.
You can add to the witness statement a Notice of Enforcement wasn't given. The court will require DCBL to prove a paragraph 7.2 requirement to keep a record of the time the NOE was posted.
A reconstituted copy of a NOE made on a computer does not satisfy the burden of proof because they were caught out by backdating the issue date of a NOE with a date the debtor did not live at the address printed on it.
I recommend not attempting a detailed assessment yourself unless you are competent. Otherwise DCBL’s solicitor will send letters with threatening language. If you are represented, the letters received are charged to DCBL as costs.
Re: DCBL - Not sure of best course of action - Anyone?
Sounds Like Gary Brown Fraudster!!!
Re: DCBL - Not sure of best course of action - Anyone?
Put a post on beat the bailiffs Facebook who visited you??
Re: DCBL - Not sure of best course of action - Anyone?
Gary has been quiet lately. The recent cases I've brought to court have been Craig Fishwick. Mostly detailed assessments CPR 84.16.
Solicitors love them because its easy money and earn HIgh Court hourly rates.
I had to develop an application to create CPR 84.16 statements and N244's in bulk just to keep up with the work.
Speaking of which, did I examine your case for a detailed assessment? Might be worth having a look because it can make DCBL a couple of grand lighter. Enter it here and I'll give you your statements. https://www.nationalbailiffadvice.uk/Te ... sment.html
Solicitors love them because its easy money and earn HIgh Court hourly rates.
I had to develop an application to create CPR 84.16 statements and N244's in bulk just to keep up with the work.
Speaking of which, did I examine your case for a detailed assessment? Might be worth having a look because it can make DCBL a couple of grand lighter. Enter it here and I'll give you your statements. https://www.nationalbailiffadvice.uk/Te ... sment.html
Re: DCBL - Not sure of best course of action - Anyone?
Gary is still out there! I understand that only a few weeks ago he was impersonating a police Officer to gain entry. Captured on cctv
As to my costs all the monies have been repaid that Brown stole!!
As to my costs all the monies have been repaid that Brown stole!!
Re: DCBL - Not sure of best course of action - Anyone?
Thank you for the reply Zeke.
I have made a complaint to DCBL and I know that it would be a waste of time but I did it anyway. The response was as expected.
I need to take this to the next stage which is a detailed assesment?
Any perticular firm you would suggest I use?
The bailiff was Paul Butlin
Thanks in anticipation.
I have made a complaint to DCBL and I know that it would be a waste of time but I did it anyway. The response was as expected.
I need to take this to the next stage which is a detailed assesment?
Any perticular firm you would suggest I use?
The bailiff was Paul Butlin
Thanks in anticipation.
Re: DCBL - Not sure of best course of action - Anyone?
I cant make any law firm recommendations through a public forum.
Here is a place to start. https://www.nationalbailiffadvice.uk/
If that doesn't give you any joy then try this one.
https://bailiffadviceonline.co.uk
Here is a place to start. https://www.nationalbailiffadvice.uk/
If that doesn't give you any joy then try this one.
https://bailiffadviceonline.co.uk
Re: DCBL - Not sure of best course of action - Anyone?
Hi, thanks for that.
I couldn't find any law form on either of thise sites. What sort of firm does it need to be? Is it a specialist company?
Cheers
I couldn't find any law form on either of thise sites. What sort of firm does it need to be? Is it a specialist company?
Cheers
Re: DCBL - Not sure of best course of action - Anyone?
Complete this webform and submit it and ill do your detailed assessment and refer you to a law firm.
https://www.nationalbailiffadvice.uk/Te ... sment.html
For the question "are you legally represented" Answer NO.
https://www.nationalbailiffadvice.uk/Te ... sment.html
For the question "are you legally represented" Answer NO.
Re: DCBL - Not sure of best course of action - Anyone?
Hi
I have just followed the link but there is no question about legal representation and there is nowhere for any supporting docs or anywhere regarding how much I actually paid the bailiff.
Just a bit confused....thanks
I have just followed the link but there is no question about legal representation and there is nowhere for any supporting docs or anywhere regarding how much I actually paid the bailiff.
Just a bit confused....thanks
Re: DCBL - Not sure of best course of action - Anyone?
Give the following information and I'll do the detailed assessment arithmetic.
Amount on judgment
Date on judgment
Any money taken by bailiff and on what date. (Give s list of amounts and dates money was taken if any)
Is the creditor VAT registered? (Yes/no)
How much money was demanded by DCBL
The date the money was demanded.
Amount on judgment
Date on judgment
Any money taken by bailiff and on what date. (Give s list of amounts and dates money was taken if any)
Is the creditor VAT registered? (Yes/no)
How much money was demanded by DCBL
The date the money was demanded.
Re: DCBL - Not sure of best course of action - Anyone?
Hi
Amount on judgment - £2105
Date on judgment - 19-8-19
Any money taken by bailiff and on what date. (Give s list of amounts and dates money was taken if any) - £3992.45 on 3-10-19
Is the creditor VAT registered? (Yes/no) - Yes
How much money was demanded by DCBL- Initially on first arrival £3252.05 (then it went up to £3992.45 when 30 mins were up and I was trying to get the money fro my dad (which he knew) and he rang to escalate it and ask for a van (was actually 25 mins when he rang his office))
The date the money was demanded. - Demanded by DCBL when 1st visit 3-10-19
Amount on judgment - £2105
Date on judgment - 19-8-19
Any money taken by bailiff and on what date. (Give s list of amounts and dates money was taken if any) - £3992.45 on 3-10-19
Is the creditor VAT registered? (Yes/no) - Yes
How much money was demanded by DCBL- Initially on first arrival £3252.05 (then it went up to £3992.45 when 30 mins were up and I was trying to get the money fro my dad (which he knew) and he rang to escalate it and ask for a van (was actually 25 mins when he rang his office))
The date the money was demanded. - Demanded by DCBL when 1st visit 3-10-19
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Re: DCBL - Not sure of best course of action - Anyone?
If you bring a detailed assessment before a Costs Judge or a master, your statement would contain the following:
The Enforcement Agent’s demand exceeds the maximum allowed by £1390.28 under the regulations giving rise to this application.
The following is a breakdown of the enforcement fees and charges that should have been payable in this matter, based on a judgment debt of £2105 and a judgment date of 19 August 2019, as shown on page 1 of Exhibit PM
(1) The sum of £3992.05 was taken by the Enforcement Agent on 03 October 2019 and a copy of the demand is on page 2 of Exhibit PM
(2) The number of days from the judgment date of 19 August 2019 to the date of the demand 03 October 2019 is 45 days
(3) The statutory interest due on the judgment debt is £20.76
(4) The judgment debt including statutory interest is £2125.76
(5) The Execution Fee is £117.75
(6) The 'Sum to be recovered' under regulation 2(1) of the Taking Control of Goods (Fees) Regulations 2014 which is the Judgement debt plus interest plus the Execution Fee is £2243.51
(7) The Notice of Enforcement was not given, therefore the date of issue and the date it was given to the debtor cannot be determined
(8) Table 2 fees £358.26
The debt was paid on the first attendance. Table 2 fees are made up as follows
Compliance Stage Fee £75
First Enforcement Stage Fee £190
First Enforcement Stage Fee 7.5 % exceeding £1000 £93.26
(9) There are no Table 2 fees because the Schedule 12 enforcement provisions were not used. Regulation 3 of the TCG(F)R's 2014 applies and no fees and charges are recoverable
(10) The Creditor is VAT registered, therefore the Creditor reclaims VAT on fees as input tax as stated in the HMRC Internal Manual VBNB41720 on page 3 of Exhibit PM
(11) The total sum recoverable under the enforcement power is £2601.78
(12) The amount demanded by the Enforcement Agent on 03 October 2019 is £3992.05 as shown on page 1 of Exhibit PM
(13) The excess money demanded by the Enforcement Agent is £1390.28
(14) As the Notice of Enforcement was not given, therefore regulation 3 of the TCG(F)R's 2014 applies and states that the Enforcement Agent cannot use the 2014 fee schedule. Consequently, the fees and charges are £0.00, therefore the excess money demanded by the Enforcement Agent is £1748.54 being the sum of the excess money demanded including the Table 2 fees.
(15) Calculating interest due on money taken:
(16) The money taken on 03/10/2019 is £3992.05 and the number of days since the money was taken is 74 days giving a daily interest of £0.87, therefore the interest due is £64.75
(17) The total money owed is as follows:
(18) The money taken by the Enforcement Agent on 03 October 2019 is £3992.05
(19) If the court suspends the enforcement power pending an application to the County Court to defend all or part of the claim, then the excess money taken by the Enforcement Agent is £3992.05 and taken on 03 October 2019 which is 74 days from the date this application was prepared 16 December 2019 plus interest £64.75 for 74 days from 03 October 2019 to 16 December 2019 making a total of £4056.8 plus interest continuing at the rate of £0.3 per day until the money is paid
(20) If the court suspends the enforcement power, and the court accepts the Enforcement Agent did not use the Schedule 12 enforcement provisions, then the amount recoverable by the Enforcement Agent is £1748.54 plus interest from the date the money was taken on 03 October 2019 to the date this statement was prepared 16 December 2019 which is 74 days £22.55 making a total sum owed £1776.9 and interest continuing each day at the rate of £0.3 until the money is paid. The sum of £1748.54 is the difference from the money taken by the Enforcement Agent £3992.05 and the sum on the writ of control including interest £2243.51
(21) If the court does not suspend the enforcement power and accepts the Enforcement Agent used the Schedule 12 enforcement provisions, then the amount recoverable under the enforcement power is £2601.78, made up of the judgment debt including interest £2125.76, the execution fee £117.75 and the Table 2 fees £358.26. Subtract from the money taken on 03 October 2019, £3992.05 gives excess money taken by the enforcement agent £1390.28 plus interest from 03 October 2019 which is 74 days ago, £22.55 making £1412.82 and continuing each day at £0.3 from 16 December 2019 until the money is paid
The following evidence must be exhibited with this statement:
1. Screenshot of the document showing judgment debt £2105 from https://www.trustonline.org.uk or a copy of the judgment or order from the County court
2. Screenshot of Creditor VAT registration from www.vat-lookup.co.uk on page 4 of Exhibit PM
3. Copy of HMRC Internal Manual VBNB41720. Creditor reclaims VAT on fees as input tax as per the HMRC Internal Manual VBNB41720 on pages X-X of Exhibit PM
4. Copy of HMRC letter of 1 July 2015 confirming creditor reclaims VAT on fees as input tax, see HMRC Internal Manual VBNB41720
5. Evidence of money demanded £3992.05 on 03 October 2019
The Enforcement Agent’s demand exceeds the maximum allowed by £1390.28 under the regulations giving rise to this application.
The following is a breakdown of the enforcement fees and charges that should have been payable in this matter, based on a judgment debt of £2105 and a judgment date of 19 August 2019, as shown on page 1 of Exhibit PM
(1) The sum of £3992.05 was taken by the Enforcement Agent on 03 October 2019 and a copy of the demand is on page 2 of Exhibit PM
(2) The number of days from the judgment date of 19 August 2019 to the date of the demand 03 October 2019 is 45 days
(3) The statutory interest due on the judgment debt is £20.76
(4) The judgment debt including statutory interest is £2125.76
(5) The Execution Fee is £117.75
(6) The 'Sum to be recovered' under regulation 2(1) of the Taking Control of Goods (Fees) Regulations 2014 which is the Judgement debt plus interest plus the Execution Fee is £2243.51
(7) The Notice of Enforcement was not given, therefore the date of issue and the date it was given to the debtor cannot be determined
(8) Table 2 fees £358.26
The debt was paid on the first attendance. Table 2 fees are made up as follows
Compliance Stage Fee £75
First Enforcement Stage Fee £190
First Enforcement Stage Fee 7.5 % exceeding £1000 £93.26
(9) There are no Table 2 fees because the Schedule 12 enforcement provisions were not used. Regulation 3 of the TCG(F)R's 2014 applies and no fees and charges are recoverable
(10) The Creditor is VAT registered, therefore the Creditor reclaims VAT on fees as input tax as stated in the HMRC Internal Manual VBNB41720 on page 3 of Exhibit PM
(11) The total sum recoverable under the enforcement power is £2601.78
(12) The amount demanded by the Enforcement Agent on 03 October 2019 is £3992.05 as shown on page 1 of Exhibit PM
(13) The excess money demanded by the Enforcement Agent is £1390.28
(14) As the Notice of Enforcement was not given, therefore regulation 3 of the TCG(F)R's 2014 applies and states that the Enforcement Agent cannot use the 2014 fee schedule. Consequently, the fees and charges are £0.00, therefore the excess money demanded by the Enforcement Agent is £1748.54 being the sum of the excess money demanded including the Table 2 fees.
(15) Calculating interest due on money taken:
(16) The money taken on 03/10/2019 is £3992.05 and the number of days since the money was taken is 74 days giving a daily interest of £0.87, therefore the interest due is £64.75
(17) The total money owed is as follows:
(18) The money taken by the Enforcement Agent on 03 October 2019 is £3992.05
(19) If the court suspends the enforcement power pending an application to the County Court to defend all or part of the claim, then the excess money taken by the Enforcement Agent is £3992.05 and taken on 03 October 2019 which is 74 days from the date this application was prepared 16 December 2019 plus interest £64.75 for 74 days from 03 October 2019 to 16 December 2019 making a total of £4056.8 plus interest continuing at the rate of £0.3 per day until the money is paid
(20) If the court suspends the enforcement power, and the court accepts the Enforcement Agent did not use the Schedule 12 enforcement provisions, then the amount recoverable by the Enforcement Agent is £1748.54 plus interest from the date the money was taken on 03 October 2019 to the date this statement was prepared 16 December 2019 which is 74 days £22.55 making a total sum owed £1776.9 and interest continuing each day at the rate of £0.3 until the money is paid. The sum of £1748.54 is the difference from the money taken by the Enforcement Agent £3992.05 and the sum on the writ of control including interest £2243.51
(21) If the court does not suspend the enforcement power and accepts the Enforcement Agent used the Schedule 12 enforcement provisions, then the amount recoverable under the enforcement power is £2601.78, made up of the judgment debt including interest £2125.76, the execution fee £117.75 and the Table 2 fees £358.26. Subtract from the money taken on 03 October 2019, £3992.05 gives excess money taken by the enforcement agent £1390.28 plus interest from 03 October 2019 which is 74 days ago, £22.55 making £1412.82 and continuing each day at £0.3 from 16 December 2019 until the money is paid
The following evidence must be exhibited with this statement:
1. Screenshot of the document showing judgment debt £2105 from https://www.trustonline.org.uk or a copy of the judgment or order from the County court
2. Screenshot of Creditor VAT registration from www.vat-lookup.co.uk on page 4 of Exhibit PM
3. Copy of HMRC Internal Manual VBNB41720. Creditor reclaims VAT on fees as input tax as per the HMRC Internal Manual VBNB41720 on pages X-X of Exhibit PM
4. Copy of HMRC letter of 1 July 2015 confirming creditor reclaims VAT on fees as input tax, see HMRC Internal Manual VBNB41720
5. Evidence of money demanded £3992.05 on 03 October 2019
Re: DCBL - Not sure of best course of action - Anyone?
Thats perfect, thank you so much.
Could you PM me a firm I should use please? If you are unable, then please let me know what type of firm I should be using if it is a specialist type.
Great job...a hero.
Could you PM me a firm I should use please? If you are unable, then please let me know what type of firm I should be using if it is a specialist type.
Great job...a hero.
Re: DCBL - Not sure of best course of action - Anyone?
Any solicitor can do it.
Just show them Civil Procedure Rule 84.16 and they can make your statement from the above information and make an exhibit sheet.
You can make a free N244 detailed assessment here: https://www.nationalbailiffadvice.uk/Template-n244.html
For professional use only, solicitors can create detailed assessments here: https://www.nationalbailiffadvice.uk/Te ... sment.html
Not all solicitor firms have access to technology to prepare detailed assessments.
Just show them Civil Procedure Rule 84.16 and they can make your statement from the above information and make an exhibit sheet.
You can make a free N244 detailed assessment here: https://www.nationalbailiffadvice.uk/Template-n244.html
For professional use only, solicitors can create detailed assessments here: https://www.nationalbailiffadvice.uk/Te ... sment.html
Not all solicitor firms have access to technology to prepare detailed assessments.
Re: DCBL - Not sure of best course of action - Anyone?
Hi guys,
I am really struggling to find a firm, most have no idea what i am talking about and time is running out for me as I believe I only have 3 months and that expires 3rd Jan 2020.
Any suggestions please..
Thanks
I am really struggling to find a firm, most have no idea what i am talking about and time is running out for me as I believe I only have 3 months and that expires 3rd Jan 2020.
Any suggestions please..
Thanks
Re: DCBL - Not sure of best course of action - Anyone?
I cannot recommend a firm on this board.
Only last week, the Solicitors Regulation Authority linked a certain individual who lurks on this board to have made two separate malicious complaints using other peoples names against the same solicitor.
The individual concerned was also found to have made a false witness statement into a family proceeding, also in someone else's name.
I don't know what action the SRA will take, but we have been asked not to give out names on this board.
You will have to search online for someone who can do detailed assessments.
Where did you get the three months time limit from?
I've done detailed assessments at the High Court on cases that ended back in 2016.
Back in 2014, I did a detailed assessment and recovered the bailiff's fees (then £77) on a court fines enforcement case that finished back in 1992 by a bailiff company that became defunct several years later.
Only last week, the Solicitors Regulation Authority linked a certain individual who lurks on this board to have made two separate malicious complaints using other peoples names against the same solicitor.
The individual concerned was also found to have made a false witness statement into a family proceeding, also in someone else's name.
I don't know what action the SRA will take, but we have been asked not to give out names on this board.
You will have to search online for someone who can do detailed assessments.
Where did you get the three months time limit from?
I've done detailed assessments at the High Court on cases that ended back in 2016.
Back in 2014, I did a detailed assessment and recovered the bailiff's fees (then £77) on a court fines enforcement case that finished back in 1992 by a bailiff company that became defunct several years later.
-
sjseemzasu
- Posts: 1
- Joined: 25 Feb 2020 12:35
Re: DCBL - Not sure of best course of action - Anyone?
hi Guys
Having read through this post i see that a poster has previously said that they had taken a certain bailiff named Craig Fishwick to court, im involved with a damages claim against this gentleman and have highlighted the behavior experienced by my family when this guy incorrectly attended my private home address and as part of this claim im looking for anyone else who may have had experience of this gentleman and him acting outside of the guidelines set for bailiffs.
Having read through this post i see that a poster has previously said that they had taken a certain bailiff named Craig Fishwick to court, im involved with a damages claim against this gentleman and have highlighted the behavior experienced by my family when this guy incorrectly attended my private home address and as part of this claim im looking for anyone else who may have had experience of this gentleman and him acting outside of the guidelines set for bailiffs.
Re: DCBL - Not sure of best course of action - Anyone?
If you tell me the circumstances including the address on the writ and any force used, I can give you the legal position.
You can run a compliance check here.
https://www.nationalbailiffadvice.uk/Ba ... Sheet.html
You can run a compliance check here.
https://www.nationalbailiffadvice.uk/Ba ... Sheet.html
Re: DCBL - Not sure of best course of action - Anyone?
sjseemzasu
Message Someone else has an on going case with
Craig Fishwick PM for details ok
Message Someone else has an on going case with
Craig Fishwick PM for details ok
