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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Use of Police by Bailiffs/HCEO Companies


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I believe that use of the police by enforcement agents should be closely regulated. The Police are being used as a tool to intimidate debtors into paying rather than to prevent a "Breach of the Peace". I think they are being called routinely even when there hasn't been a prior heated "discussion" and the debtor has no previous history. The Police are being used to generate profits for these corrupt companies.

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I believe that use of the police by enforcement agents should be closely regulated. The Police are being used as a tool to intimidate debtors into paying rather than to prevent a "Breach of the Peace". I think they are being called routinely even when there hasn't been a prior heated "discussion" and the debtor has no previous history. The Police are being used to generate profits for these corrupt companies.

 

The problem that needs to be addressed is that the police are unaware, or inadequately trained of the law in this area, and are under the mistaken impression that they are mainly on the same side as the bailiff, so side with him, even in the face of the bailiffs often blatant misuse of his powers, for which HE should actually be the one arrested.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The problem is that police officers receive little or no training in how to deal with bailiffs, even though national guidelines are in existence. Another problem is that ACPO regard bailiff matter as "civil matters". Whether this has got something to do with their relationship with the trade associations bailiff and HCEO companies belong to needs to be investigated. The News International scandal has highlighted the dangers of inappropriate relationships between the police and commercial interests.

 

Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate. Any claims by bailiffs that police officers are required to help them gain entry to a debtor's home should be dealt with as a potential attempt to incite disaffection and be dealt with as such. Where a bailiff has made threats, either by letter, or by telephone or in person, these should be dealt with under relevant legislation, i.e. Malicious Communications Act 1988, Public Order Act 1986, Communications Act 2003. Although, under normal circumstances, arrest is the very last resort, in cases such as these, it should be a case of one and only warning before arrest. Where a debtor is classed as vulnerable, this should be regarded as aggravating factors in deciding whether or not to arrest a bailiff after giving them a warning or arresting them without a warning.

 

The police have been mislead by the civil enforcement iindustry and there will be a payback or, more accurately, a backlash and when it comes, bailiff and HCEO companies will not be prepared for it. I can see police officers coming down hard on bailiffs and HCEOs who cross the line.

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The problem is that police officers receive little or no training in how to deal with bailiffs, even though national guidelines are in existence. Another problem is that ACPO regard bailiff matter as "civil matters". Whether this has got something to do with their relationship with the trade associations bailiff and HCEO companies belong to needs to be investigated. The News International scandal has highlighted the dangers of inappropriate relationships between the police and commercial interests.

 

Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate. Any claims by bailiffs that police officers are required to help them gain entry to a debtor's home should be dealt with as a potential attempt to incite disaffection and be dealt with as such. Where a bailiff has made threats, either by letter, or by telephone or in person, these should be dealt with under relevant legislation, i.e. Malicious Communications Act 1988, Public Order Act 1986, Communications Act 2003. Although, under normal circumstances, arrest is the very last resort, in cases such as these, it should be a case of one and only warning before arrest. Where a debtor is classed as vulnerable, this should be regarded as aggravating factors in deciding whether or not to arrest a bailiff after giving them a warning or arresting them without a warning.

 

The police have been mislead by the civil enforcement iindustry and there will be a payback or, more accurately, a backlash and when it comes, bailiff and HCEO companies will not be prepared for it. I can see police officers coming down hard on bailiffs and HCEOs who cross the line.

 

ACPO should itself be investigated, as it is a for profit company, as most police forces now are as they are all registered as corporations on Dunn & Bradstreet, Far from being a union for Chief police officers as it is portrayed, it has a malign and corrosive influence to the detriment of police impartiality. and helps to politicise the police to the detriment of the public.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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.........Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate.........

 

+1

 

As I've said before, HCEO's are sending allsorts to enforce, the registered HCEO should be present in person. It's very wrong that HCEO companies are sending "security" industry people to enforce, There are a fair number with criminal connections and the debtor may find himself being extorted or burgled shortly after being visited.

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ACPO should itself be investigated, as it is a for profit company, as most police forces now are as they are all registered as corporations on Dunn & Bradstreet, Far from being a union for Chief police officers as it is portrayed, it has a malign and corrosive influence to the detriment of police impartiality. and helps to politicise the police to the detriment of the public.

 

I totally agree with you. In the light of the News International scandal, I can see ACPO's relationships with the trade associations in the civil enforcement and private security industries putting put under the microscope. You are absolutely right about the corrosive influence on police impartiality - ACPO are the ones promoting the "It's a civil matter" line with regard to bailiff misconduct. You are also right about the politicisation of the police -that's why officers are leaving in droves. Morale is at rock-bottom.

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I totally agree with you. In the light of the News International scandal, I can see ACPO's relationships with the trade associations in the civil enforcement and private security industries putting put under the microscope. You are absolutely right about the corrosive influence on police impartiality - ACPO are the ones promoting the "It's a civil matter" line with regard to bailiff misconduct. You are also right about the politicisation of the police -that's why officers are leaving in droves. Morale is at rock-bottom.

That is a great pity, as a lot of the common sense , and inherent fairness that was typical of the police of old, where a quiet word, and a ticking off did more good than a prosecution, has been lost to a new cadre of apparatchiks who chase targets to the detriment of the public they purport to serve.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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There is a provision in the Courts Act 2003 directing the Police to assist HCEO's, well I didn't know that.

 

http://www.legislation.gov.uk/ukpga/2003/39/schedule/7/paragraph/5#schedule-7-paragraph-4-4

 

This reinforces my comments about the High Court being the Queen's Court and The Police being sworn to the Crown.

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Only for fairly specific purposes according to paragraph 3, by the looks of it.

"Modern 'currency' is known as 'fiat money': it is artificially created, has no value in itself and the basis for use in exchange is typically a government edict." Paul Morran, Information Rights Unit of Her Majesty's Treasury.

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Zaniwhoop - I am looking into what assistance the police are actually allowed to provide to HCEOs. Once I have established exactly what assistance the police are required to provide, I will post it up.

 

Deadwood - I will look into what you have posted about the situation of HCEOs using what appears to be crims and post up my findings.

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