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Letter before Action - Get the bailiff to pass a truth test about his fees.

If you are reclaiming fees through the courts from a bailiff in respect of work he has not been done, the court will say you - the claimant has to prove this is the case.

You can do this by making the bailiff pass a 'truth test'. You ask the bailiff to make a sworn statement truthfully confirming they did the work for which they have charged, and a refusal take the test (or fails the test) is evidence the bailiff charged work he has not done.

If they reply letter is marked "Without Prejudice" then you make a sworn statement the bailiff has refused to take the test.

Bailiff companies sometimes accuse the sender of "blackmail" or say it is "wholly vexatious". You can use these replies as evidence the bailiff has not done the work they have charged you for.

If you know you were charged fees unlawfully and it doesn't matter whether you have already paid them then you can have the bailiff pass a truth test and unlawful bailiffs fees are recoverable

If the bailiff fees are genuine then he will explain what work has been done when and prove his disbursements by showing sales receipts and invoices. The regulations require them to provide this information anyway under Regulation 7(e) of the Taking Control of Goods Regulations 2013.

If it is statutory fees then he should direct you to the appropriate legislation.

You will know the fees are not genuine if you get lengthy and nonsensical essays full of excuses. You can sue the creditor for your money back.

Make the bailiff pass a truth test his fees are complaint with the law.

 

See also, a stronger version of the bailiffs fees Truth Test letter