Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation; (b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; (c) falsely represent themselves to be authorised in some official capacity to claim or enforce payment; (d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
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Advice is offered freely, without liability and without prejudice.
If in any doubt professional legal advice should be sought.
I do not profess to be in any way legally trained, I am a big
oily truck driver and all I know has been learned within the
Consumer Action Group.
Legal assignments of things in action.- (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-
(a) the legal right to such debt or thing in action;
(b) all legal and other remedies for the same; and
(c) the power to give a good discharge for the same without the concurrence of the assignor:
Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-
(a) that the assignment is disputed by the assignor or any person claiming under him; or
(b) of any other opposing or conflicting claims to such debt or thing in action;
he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.
Excellent, just what I was looking for, to add more fuel to the fire:grin:
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Can anyone help . I receive an invoice today which included quote " an Administration levy of 5% which was added to the net amount and VAT was added. If paid within 30 days deduct admin fee from total . Is this Legal ?????
Yep, thats right. The OFT will not help the individual, just supposed to help the overall situation. Only when a number of individuals complain about the same issue, will the oft act. Typical "jobs for the boys"--all bark and no bite, but it's us who pay their saleries and bomb proof pensions.
Office of Fair Trading, legal powers section.
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Originally Posted by Curlyben
