RECLAIMING UNFAIR BAILIFF'S FEES
If you believe that you have been overcharged by a bailiff company, you may be able to claim back the fees if they are "unfair charges".
Before making a claim against a bailiff company for any unfair charges, the debt must have been settled before you bring a claim.
To give yourself the best possible chance of recovering unfair bailiff charges, you must have the following:
1) original documents supplied by the bailiff
2) payment receipts
3) bailiff company documents outlining charges and visit details
4) correspondence from and to the bailiff company.
Once you have made your claim, the Bailiff company has 40 days in which to reply to your request.
If you receive anything less than copies of original documents from the bailiff company, inform them of your rights under the Data Protection Act. A request for original documents outlining charges and visits is referred to as a Subject Access Request (S.7). An S7 is pursuant to Section 7 of the Data Protection Act 1998, which the bailiff company must comply with by law.
In the event the situation becomes increasingly trying and the bailiffs ignore your correspondence, a second letter can be sent if they do not comply within the 40 days limit. It is advisable to impress upon them once again that you are fully aware of your rights and they have failed to comply with the Subject Access Request. No more than 7 days should be granted for bailiffs to comply with the Subject Access guidelines, after which time file your case against them in court with no further notice.
Disclaimer
Whilst every effort is made to ensure that the legal information contained on “YouandYourRights” is accurate, it does not constitute legal advice tailored to your individual circumstances. If you act on it, you acknowledge that you do so at your own risk. Neither the Proprietor nor Dean Dunham can assume responsibility and do not accept liability for any damage or loss which may arise as a result of your reliance upon it.
