Hi,yes definitely would like to pursue further.

 

Will upload copy of documents later and don't think any other notices were issued. The key was taken in presence of 2 police officers. I'll try to contact police department to see if they can provide with more details. Think I've still got police ref no somewhere and they definitely should have noted down details of the call.

Why have you waited a year and a half to contact the police about the 'replacement key'? Should that not have been the first step that you took?

Would you mind answering the following questions?

You have now lost the main key so you cannot make a claim for that key. Before losing it, did you obtain an estimate for the cost of a 'replacement' key?

If you are considering issuing a legal claim against Marston's (who own Collectica), your son would be required to outline what steps he has taken in order to 'mitigate' his losses.

For example:

Admin please!

 

It is all very well to let my stalker follow me around the discussion threads but this thread has been started by someone who is seeking help regarding the loss of a key.

 

It clearly is not a waste of time for the OP, otherwise (s)he wouldn't have returned.

 

Nobody has promised the OP the world and nobody has suggested that any money should be invested in pursuing this matter. My stalker just added these silly suggestions to add value to his attempts to flame.

 

If the OP wishes to pursue it, I am more than happy to help in any way that I can.

It could be said it is you who follow me around, and on fact it is more the case, you have done for the last 5 years.

You only have to look at the insulting posts you make elsewhere on everything I write to see the truth of that.

Of course you would like to pursue another failed case, it costs you nothing and serves your hatred of bailiffs, it doesn't matter that the person you are" helping" comes off the loser.

You still haven't said what the OP has to gain in all this. If you give people silly dangerous advice of course I will comment.

On inventory list, the woman only put his bike details.

When you post back can you please be very clear with your reply as this thread has been extremely confusing indeed.

For example; you can see from this post of yours (post number 17) that you are not stating that the 'spare key' had been listed on the Inventory at all......and yet now, you are saying that it was ??

What difference does it make to you what I "appear" to doing? It is of no concern of yours.

 

Legislation clearly states that a notice must be left for the debtor if premises are entered. If no notice was left then legislation was clearly breached.

 

You are claiming that no goods are taken - What evidence do you have to support this? You claim that the key wasn't listed on the inventory yet the OP has stated in post #24 that it was. Are you calling the OP a liar?

 

You have stated (as usual) that there is nothing that can be done. That is fine, you've said your piece, now go away and leave it to those of us who still want to try and help.

and what draconian measure do you think the courts will hand down for this "breach" ? Armchair lawyers like yourself are the scourge of consumer help forums.

When you post back can you please be very clear with your reply as this thread has been extremely confusing indeed.

 

For example; you can see from this post of yours (post number 17) that you are not stating that the 'spare key' had been listed on the Inventory at all......and yet now, you are saying that it was ??

Hmmmm

What I don't understand why you keep on insisting that the key was not taken. I've inventory list for goods taken issued by agent and it list 1x bike key reg XX12 XXX.

 

Thought my posts were clear.

I'm sorry, but your posts have not been clear. This is the very first time that you have mentioned that the 'spare key' had been listed on the inventory !!! As a reminder....this is what you said in your post number 17 from May 2016.

Post 17

On inventory list, the woman only put his bike details.

The confusion has been yours I'm afraid and has not been helped by the fact that your son has left this matter for such a long time.

ahh. If you are just taking about one of your letters, that's fine. I am sure that that will have its usual effect, but at least will do no harm.

To summarise:

1) Bailiff knocked one weekend morning of 23rd April 2016 & demanded payment. Refused to leave so had to call police. Police checked the warrant which was on iPad and confirmed that it's valid. Bailiff went through son's bedroom and only valuable item found was the bike key. She took possession of the key and issued us with the attached inventory.

2) On 27th Sep 2016, Full teams of bailiff came to house & my wife paid the remaining balance. Receipt was issued.

3) No any other notices or documents were issued by either Collectica or Marston.

4) First attempt to retrieve the key was made on 27th Feb 2017 via email (record in sent folder). Later also called to hotline.

5) On 6th Sep 2017, one of the operator escalates the issue and internal complaint filed.

6) On 4th Oct 2017, reply received which is posted above.

Inventory1

INventory2

Why have you waited a year and a half to contact the police about the 'replacement key'? Should that not have been the first step that you took?

 

First attempt was made on Feb 2017 which is 5 months after payment. We thought it's an automated system where once paid, the responsibility lies with the bailiff to return and also got busy with winter holiday.

I'll post reply to other queries later or tomorrow.

Thanks.

Starfarer.

 

After entering your premises, the enforcement agent was required to leave a Notice after entry. If your son was not there, the notice should have been left the notice in a conspicuous place for him, pursuant to Paragraph 28(5) of Schedule 12 of the Tribunals Courts and Enforcement act 2007.

 

If no notice was left, then the bailiff has breached legislation and was technically not even in a position to take control of goods. That is the first thing that you need to challenge Collectica on and if they cannot confirm that a notice was left, then the account has been handled anything but correctly.

 

Secondly, you need to ask if a notice after taking control of goods was issued and if not, why was an inventory left?

the requirement to provide notice under paragraph 28(1) of Schedule 12 does not apply.

(4)*Paragraph (2)(f)(i) is complied with if—

(a)

the enforcement agent provides the debtor with a list of goods of which control has been taken under regulation 15(3)(e) or regulation 33(1)(e) at the same time as the notice; and

(b)

the goods of which control has been taken are the same as those referred to in the list mentioned in sub-paragraph (a).

Apparently you missed the above.

Foe the avoidance etc.

(2)*The inventory may be combined with a controlled goods agreement under regulation 15(1) or the notice required by paragraph 28(1) or 33(1) of Schedule 12 if—

(a)

the enforcement agent provides the debtor with the inventory at the same time as the controlled goods agreement or the notice; and

(b)

the goods of which control has been taken are the same as those listed in the list of goods of which control has been taken required by regulation 15(3)(e) or regulation 30(2)(f)(i).

 

4) First attempt to retrieve the key was made on 27th Feb 2017 via email (record in sent folder). Later also called to hotline.

 

5) On 6th Sep 2017, one of the operator escalates the issue and internal complaint filed.

 

6) On 4th Oct 2017, reply received which is posted above.

Why did your son wait a period of 10 months before contacting the enforcement company to request the return of the spare key?

It may be that the spare key has a value of just £50-£100, accordingly would you mind responding to the following post that I made earlier this morning?

You have now lost the main key so you cannot make a claim for that key. Before losing it, did you obtain an estimate for the cost of a 'replacement' key?

 

You state that you advertised the bike on eBay (I think). What price was offered?

 

How long ago was it that you tried selling the bike?

 

How much is the bike worth?

 

Since May 2016 (when the bailiff visited), has the bike been serviced?

 

Is the bike taxed and insured?

Thank you.

 

1. Is the second item on the inventory just a tag?

2. Did the bailiffs enter your home on 27 Sept, second visit? If so, how did they gain entry, did they ask to/demand to come in or did your wife invite them in?

3. Did you receive any response to your mail of 27 Feb 2017?

4) with regards to the first visit, was the bailiff under the impression that your son lived at your address or did you make it clear that he lived somewhere else?

 

Before deciding on your next move, it is probably best to await the response from the court, so you have a bit of time.

Thanks pal.

1) It's just a tag with key like kind of keyring.

2) No. Wife was off on the day & she got afraid of the whole group. They demanded money and she paid using card. They didn't enter the house.

3) No response apart from automated mail for acknowledgement of receipt. I'd to call them after waiting for a week. After that we've made numerous regular calls. Unfortunately I used WeQ4U app as the hotline number is 0845 and won't have any record of calls made. We do have few other email exchanges though.

4) On first visit, the lady came very early in the morning (think it was bang on at 7:00 or 6:00) and handed a letter to my daughter. We called on the number and she returned back stood by the door refusing to move. I called police who came within 15 mins. The lady agent was certain that our son live at the address. When asked, we confirm that the son live with us.

Why did your son wait a period of 10 months before contacting the enforcement company to request the return of the spare key?

 

It may be that the spare key has a value of just £50-£100, accordingly would you mind responding to the following post that I made earlier this morning?

pls see post replied above.

1)You have now lost the main key so you cannot make a claim for that key. Before losing it, did you obtain an estimate for the cost of a 'replacement' key?

2)You state that you advertised the bike on eBay (I think). What price was offered?

 

3)Since May 2016 (when the bailiff visited), has the bike been serviced?

 

4)Is the bike taxed and insured?

 

5)If you are considering issuing a legal claim against Marston's (who own Collectica), your son would be required to outline what steps he has taken in order to 'mitigate' his losses.

 

For example:

Has would be expected to obtain an estimate from a garage for the price of the bike with the main key.....and a price for the bike without a 'spare key'.

 

He would be expected to have obtained an estimate for the cost of a replacement key?

a) Failing to return the good that was taken in control after the payment has been made. I assume this has provisions but correct me if wrong ie bailiffs has no obligations to return the valuables.

b) Denying the fact that the good was taken in control despite the presence of signed documents. Now I'm not a law person but in Inventory page at the very beginning with red warning is " If you intentionally interfere controlled goods without a lawful excuse, you'll be committing an offense or imprisonment." In other words denying what's written on Inventory page issued by their agent, Marston are committing a criminal offense ( I do understand that warning is addressed to debtor but it's clear that alteration on any goods taken under control deals with criminal law).

In the end despite the length it's taking, we would happily take back the key tomorrow if they send it. But the latest reply from Marston is unexpected and looks more of a criminal than civil case. It's irrelevant whether the goods taken is a spare key or a diamond ring.

2) Bike was first put on ad in Gumtree for £2850. It was bought new on July 2015 for cash lump sum of £3900. The ad went up after the payment to bailiff. We then put it on ebay for £2650 on Feb 2017 with promise that the spare key will be provided. The ad then went on to autotrader for £2450 during June and same time in Gumtree for same price. Most questions were regarding the number of keys and as we were failing to get concrete reply from Marston, the ad had to include just 1 key. Received offers of £2100, £2200 and one motorbike dealer even came with cash of £2000. We decided to take the ad off as it's almost a 50% loss in 27 months.

3) yes it's been serviced.

4) yes it's taxed and insured.

5) it can be easily done. As it'll be dealer, more favorable to us as their buying valuation are normally lower than the market value but any servicing incl replacement key with tag of "genuine" costs more than average.

As already posted earlier, we were waiting to get the key back which we thought is an automated process once debts are cleared. Then the long holiday came by end of dec - jan.

Starfarer

 

Please try to ignore Dodgeball, he has no interest in trying to help you and only seeks to create conflict with myself. It has taken him all day to shift through the regulations and even then, he has still got it wrong.

 

If the bailiff has not left a notice after entry then the inventory stands and it confirms that the goods were removed from your home, because there has been no controlled goods agreement signed.

No spotted you error straight off. Just other things to do. So now that's blown out of the water. What is your cause now?

To dear Dodgeball,

can I request kindly to post which is directly relevant to my issues pls or explain fully to contradict the quotes.

Still up reading . We actually paid the original fee of £150 directly to the court after the lady bailiff handed the letter but before her return. She was informed of the payment and proof shown. So before her return later in morning, shouldn't the Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 had been in force?

Time when property ceases to be bound

 

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

(2)The property in any goods ceases to be bound—

 

(a)when the goods are sold;

 

(b)in the case of money used to pay any of the amount outstanding, when it is used.

 

(3)The property in all goods ceases to be bound when any of these happens—

 

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

 

(b)the instrument under which the power is exercisable ceases to have effect;

 

©the power ceases to be exercisable for any other reason.

outstanding amount:

 

(3)The amount outstanding is the sum of these—

 

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

 

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).