Revision as of 19:48, 22 December 2008
With thanks to 10010001
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NAME OF OMBUDSMAN
The Local Government Ombudsman
Address 1
Address 1
Address 1
POSTCODE
[DATE]
Dear Sir/Madam
Re: Comlaint of misfeasance against [NAME OF] Council
I am making this complaint because [NAME OF] Council instructed a firm of bailiffs [NAME OF BAILIFFS] who visited me on [DATE] for collecting [an unpaid parking ticket/unpaid council tax/unpaid business rates/unpaid rent/other] of £[AMOUNT] but the bailiff charged me £[AMOUNT], however on closer inspection of the law that prescribed fees for cerrtificated bailiffs indicated I should only have been charged £[AMOUNT] and I have been defrauded of £[AMOUNT]. I have asked the Council to put things right but they failed to do so and I understand that case law has ruled an authority is liable for the actions of its bailifffs.
I have had an opportunity to seek advice and I now understand the law that sets prescribed fees for bailiffs is [COPY NAME OF LAW FROM LIST BELOW] and the bailiff is committing an offence under Sections 1 to 5 of the Fraud Act 2006 by defrauding me by making a false representation and misuse of his position to make an unlawful gain or money transfer for himself or another.
I appreciate the public are generally less-informed of the fee entitlements of bailiffs and Councils that instruct them, but given the nature of this complaint and that money was aquired from me under false pretenses afforded by the council have since fobbed me off with excuses, I ask this matter is put right by the Council and I am awarded a reaonable monetary compensation to offset for my time and resources in seeking Discovery of Information relating to this incident.
Yours Faithfully
YOUR NAME
CC The Council.
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List of relevant legislation
If this letter is about:
Council Tax Arrears, insert - Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992
County Court Judgement, insert - the County Court Fees Order 1982 Amended 1994
A Parking Ticket, insert - Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(amended 2003) Regulations 1993
Business Rates - Regulation 3(c) of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993
Rent Arrears - Appendix 1 of the Distress for Rent Rules 1988
If the bailiff is a High Court Enforcement Officer (HCEO), insert - The High Court Enforcement Officers Regulations 2004
Debt not listed here then leave blank.