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Bailiff Offences

Complaining about the fees.

Where to complain.


 

How to complain about the fees you have been charged.

If you want to complain about the amount of fees that have been charged by the bailiff, there is very little point is simply writing a letter to request a refund as the company will attempt to justify their charges by saying that they are entitled to charge levy fees, attendance to remove fees etc. In addition, although Regulations provide that you must be given an itemised receipt, this very rarely happens.

For this reason, before considering a complaint or legal action etc, you will need to request a detailed breakdown of all the fees and charges that have been made to your account….and the reason why those charges were made. This particular request is referred to as a Subject Access Request (S.7) which is pursuant to Section 7 of the Data Protection Act 1998, and which by law the bailiff company must comply with. (Many people may be familiar with this letter if they have tried to re-claim bank charges).

In our Downloads area we have a section entitled: Subject Access Request where you will see that we have provided a draft letter that can be adapted to suit your own particular circumstances, together with a reminder letter if the company has not correctly complied with your request. You will see that in our Subject Access Request letter, we also ask for details of the Bailiff’s certificate, and the Court where his certificate was obtained.

If you have either an itemised bill, or have received a response to your Subject Access Request, you will need to be able to compare the charges made with those fees legally allowed by the relevant Statutory Regulations.

Again, in our Downloads section under Bailiff Fees, you will find that we have provided copies of the up to date scale of fees that the bailiff can legally charge when collecting the following debts:

• Council Tax
• Business Rates
• Road Traffic Debts
• Transport for London (TfL) Congestion Charging
• High Court Enforcement
• Child Support Agency
• Customs & Excise
• Distress for Rent
• Magistrates Court Fines (Drakes Group, Phillips & Swift)
• Magistrates Clamping Orders
• and more:

 

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