Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder happyday Novitiate

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    Default Perfect homes/Temple Finance -partner arrested please advise.

    hi
    last july 2010 i went in to perfect homes and got a washer dryer from them - i was a good payer

    july 2011 i got 2 sofsa from them - i payed them upto the beginning september 2011 .

    I fell in to financial difficulty with in a week
    they was ringing me up threatening me they was coming around and putting their foot in door to get in.

    They came round
    my partner answered the door
    at this point i was very scared
    he said i wasnt in 5 times in a week
    they came round to our house with the store manger looking in the window having my dog barking .

    They forwarded it on to temple finance 4 weeks later

    a big hard man came round throwing his weight about with my partner but he wasn't having any of it
    the man got in his van then another man came in a van

    my partner took our 19 month old to the bus stop to get our daughter from school

    they flagged a policeman in his van down and told them we had two big dogs and we said we was going to let them out to bite them

    the police approached my partner and put it to him
    he said hes got one dog and they were looking in the front window

    the policeman said he cant get involved

    the two men from temple finance threatened my partner in front of the policeman that his [edit] mate wont be here next time to protect him

    the police man told them to leave and as can not threaten people like that - so they went.

    2 week later they sent a woman out
    my partner answered the door well i was hid behind it

    they asked for me - he said i wasn't in and shut the door

    she bang very loud and hard

    i had babies in the house so he opened the door and told her to get lost
    he told her to get out the garden because he wanted to let the dog out for wee

    he shut the door, but she was still there on her phone saying the man had handled her then she walked out the gate

    later that night the police came around to arrested my partner for a assult on the lady that came earlier

    im 7 weeks pregnant and have two children 19 months and 4 years old
    we were all really stressed out
    my partner got bailed at 4:15AM
    he also got told that she said that he put her arm right up her back and pushed her out the gate
    but we have a witness to say she walked out by her self

    they have harassed us
    made false allegations against us
    they had load of sources in the area so they say to feed them information about us - stalking us

    we had 2 pit bulls dogs they said we were gonna let them out to bite them
    we have a dog - its a small terrier

    they need to be close down all of them
    they aint getting away with what they done to us

    together we could stop all this bullying


  2. #2
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    Default Re: Subject Access Request to my bank

    Welcome to the site.
    Quite a shocking story,I will move your post to the appropriate forum.

    Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.
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  3. #3
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    So you say that you have witnesses to the alleged incident ?
    What you need to be doing is writing down a log of all these events.
    Did your partner request a solicitor when arrested ?
    How many payments were you behind with when they began these visits ?
    Did you inform them that you were experiencing difficulties-and how did you do this ?
    What are the arrears now and have they managed to take any of the goods ?
    What communication have you had from Temple and how have they done it ?

    Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.
    Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.






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  4. #4
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    Perfect Home is a trading style and appears on Temple Retail Limited consumer crediticon licence.
    Their licence gives no scope or permissions for debt collectionicon since this was removed from that in February 2011.

    Licence/Application Number Licence Status Applicant/Holder Name 0609601 Current Temple Retail Limited Event Details:


    Event Number Event Type Date of Receipt Closed Date Status 3 Variation 13-Dec-2010 11-Feb-2011 Completed

    Categories:

    CategoryAction Debt administrationRemoved Debt collectingRemoved

    Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.
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  5. #5
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    However a second CC licence exists in the name of Temple Finance Limited and debt collectionicon was added to this in 2011.
    Therefore they are expected to be uphold codes of conduct as laid down by the OFT.

    Licence/Application Number Licence Status Applicant/Holder Name 0585474 Current Temple Finance Limited Event Details:


    Event Number Event Type Date of Receipt Closed Date Status 7 Variation 13-Dec-2010 11-Jan-2011 Completed

    Categories:

    CategoryAction Credit brokerageAdded Debt collectingAdded

    Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.
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  6. #6
    Basic Account Holder MamaMoo Novitiate

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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    I'd suggest recording any further contact you have with them. I'd also recommend you buy a cheap CCTV system to back you up.
    Get witnesses to make statements about what they saw, an present these to the police. This woman is breaking more than just laws about trespass, by making false allegations she is also wasting police time. Use these witness statements to make a complaint to the police for harassment, along with a log of activity (door knocks, phone callsicon etc)


  7. #7
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    Since there are likely to be ongoing investigations with the Police,it is likely that any complaint to the regulators would only be investigated after the Police have finished.
    But you cannot let them get away with this,and as I said need to be compiling a written log of events by dates and times.
    You should also be thinking about a Solicitor.

    Others will be along to respond here.

    Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.
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  8. #8
    Basic Account Holder happyday Novitiate

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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    yes i do have a witness my neighbour saw the lady walking out the gate even saying where she was from i have written down the times and dates of the events that took place when my partner was arrested he did get a duty solicitor they started visiting me when i missed a weeks payment they rang me up and i told them that i was going threw difficulty finance they said if the wasnt there by the end of the with a payment they would be round to come in and get the goods the arrears are about 6 weeks now they havent mange to take the goods i havent had any communication with them my partner did i was to scared the both times of them coming the police was involved .


  9. #9
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    Understood.
    I think you should put a letter in writing lodging a complaint.
    You will need to have a response in writing to escalate action since they have to be given the opp to respond.

    This should be hard hitting and making it clear that what has happened is incomprehensible.

    Also this letter needs to be going to one of their named consumer crediticon licence officers.

    Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.
    Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.






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  10. #10
    Basic Account Holder happyday Novitiate

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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    hi since now perfect homes came with police on wednesday 19th the police came with perfect home and took the sweet but the police said that perfecthomes make peoples lifes hell and do all that


  11. #11
    Basic Account Holder MamaMoo Novitiate

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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    Hang on, so the police aided PH to remove the sofas?
    Did you refuse? What did the police actually do?


  12. #12
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    First things first. the police (without a Warrant, unless they are in hot pursuit) , bailiffs and thugs from finance companies have an implied licence under Common Law to walk up to and knock your front door. You are perfectly entitled to tell them through the letter box (do not open the door) that any licence under Common Law is hereby revoked and they must leave your property/land forthwith. If they do not then you telephone 999 and report an emergency situation, or if they force their way in you are perfectly entitled to use reasonable force to remove them from your land and then proceed against them for trespass. We have an old case, the name of which escapes me, that involved a policemen forcing his way into a house to arrest a prostitute. By all accounts she was quicker than him, she splatted his nose before he could restrain and arrest her. He did not have a warrant. She was convicted at Magistrates. The conviction was overturned on Appeal. The copper, I suspect, and his colleagues learnt of the very limited powers they have.

    The problem we have is that most police constables are as thick as two short planks and have no idea of the limit of their powers. They all struggle through a few weeks training and believe they are practising lawyers, pontificating on just about everything. If you think I am too harsh get a copy of the entrance exam. A ten year old on a bad day could do it.

    They are all vociferous compulsive liars. It sounds very much as if your partner was wrongly arrested and are able to pursue a claim against the Chief Constable. No point in complaining at station level, they won't have a clue what you are talking about or will protect the constable concerned, by not asking you the right questions.

    If you are harassed again in this quite disgraceful way cite Section 40 of the Administration of Justice Act 1970 - "It is an offence to harass someone over a debt if the action is likely to cause the person or their family alarm, distress or humiliation." By the principle of vicarious liability I would submit this principle applied upwards to the head of the company instructing the so called bailiffs. The penalty is up to a 5,000 fine per offence, heard before Magistrates. You should also be writing and complaining to the Office of Fair Trading, who, if they ever get off their backsides, will close the company down making its debts unenforceable.

    The best of luck. Finally, whenever this happens video and record it on your mobile phone and make contemporaneous notes. See if any witnesses heard the commotion and saw anything and take a statement off them too.


  13. #13
    Basic Account Holder happyday Novitiate

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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    yes the police came and threaten to arrest my partner again which he didnt want because got to go back to the police station on the 11th november for the false allegation of assault the police man said temple finace/perfect homes can do what they want infact they told me they can come in a window


  14. #14
    Basic Account Holder MamaMoo Novitiate

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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    Right, the police are talking absolute balls.
    I had the same things from them, threatening arrest, telling me PH could break in and if they didn't want to take the bed back, they could take my son's pram and cot if they preferred etc etc.
    I knew this was absolute bull, so I e-mailed a complaint to the local chief of police. I had an e-mail back assuring me that all of the information I had been given was false, and that the two officers in question would be disciplined. He apologised and assured me that he was taking this very seriously.
    You need to do the same. Write to the local Superintendent and explain what has happened and how the police are misquoting the law (include accurate quotes eg the police officer said that the PH employee could break into my house to recover goods, however the law states that only a certified bailiff can break in in the following situations: blah blah blah, and this is not the case here)


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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    Let us be clear about the issue of the police advice that the bailiff, in these circumstances, can legally break in. Absolute Rot! Which explains better than I ever could, why the police should not get involved in giving advice on matters civil - they simply do not have the training for it. A bailiff, in this case, cannot break in! He would be guilty of breaking and entering and trespass at the very least and you would be perfectly entitled in my judgement to forcibly remove him (using reasonable force) and/or call the police and have him arrested. However, if a door or window are closed but unlocked they can walk in or climb in and then break out! I note the comments by Martin 3030. It seems that Temple Retail Ltd sold your goods to Temple Finance Ltd, which then hired the goods to you subject to a finance agreement. Temple Finance Ltd should have served on you a Default Notice when you missed a payment. That Notice would have set out what you had to do next-for example you would have had a prescribed number of days to bring your account up to date. It clearly did not do that because if your account is accurate insufficient days elapsed between the default and the bailiff visits - it is therefore in breach of the consumer crediticon Act. You should complain forthwith to the OFT. The sanction by the OFT can be fines and a revocation of the consumer credit licence. You should also use s40 of the Administration of Justice Act 1970 - a very powerful piece of legislation which is massively under - used. Temple Finance Ltd, by its directors are instructing bailiffs, their servants or agents to cause you and your family alarm, distress or humiliation. Those bailiffs are also acting unlawfully. That means the directors of Temple Finance Ltd are as guilty as the bailiffs by the principle of vicarious liability. The company and its directors are facing fines of up to 5,000 per offence. Fight your corner and fight it hard, complain in writing to the Chief Constable, the OFT, your member of Parliament and anyone else you can think of. You will win. You almost certainly need precise advice. Do you have a law clinic or C.A.B. near you? If so, try them.


  16. #16
    Basic Account Holder killaspam Novitiate killaspam's Avatar

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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    hi guys, on tuesday this week i went into our local perfect homes store and ordered 2 sofas after seeing an add on the tele and there website advertising, got home and logged onto google searched for perfect homes forum's and found this site after reading a few of the stories i decided this company was not worth bothering with. telephoned the shop wednesday morning to cancel the agreement and got my money back. i am sorry to say when the assistant asked me why i was canceling i did tell them the truth that i didn't like bully boy tactics which they didn't like however i think i have had a very lucky escape, the downside is my lucky escape is down to other peoples misfortune.
    my advice to anybody is simple viewing the forum is free, read the pages first


  17. #17
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    Quote Originally Posted by killaspam View Post
    hi guys, on tuesday this week i went into our local perfect homes store and ordered 2 sofas after seeing an add on the tele and there website advertising, got home and logged onto google searched for perfect homes forum's and found this site after reading a few of the stories i decided this company was not worth bothering with. telephoned the shop wednesday morning to cancel the agreement and got my money back. i am sorry to say when the assistant asked me why i was canceling i did tell them the truth that i didn't like bully boy tactics which they didn't like however i think i have had a very lucky escape, the downside is my lucky escape is down to other peoples misfortune.
    my advice to anybody is simple viewing the forum is free, read the pages first
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    Default Re: Perfect homes/Temple Finance -partner arrested please advise.

    The power of the Free Market!! Eventually this type of company lose any prospect of new customers, and the inevitable happens. But why does it take the consumer to do the job the OFT should be doing? In my experience, tax payer funded organisations are generally a group with nothing to do and all day to do it in.



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