Speak to a BAILIFF Expert - £35
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
|