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FunnyMan

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  1. Can I ask a simple question, forgive me but it is puzzling me, what right has the OFT to make this agreement with the banks on my or anybody else? I am just starting my cases now and am puzzled why a Quango can dictate the law and how and when the Courts here the cases?
  2. First of all 'sorry' for my absence from the board over the past couple of weeks, I have had flu (I still have as a matter of fact) but news today has come in the post that I think should be shared. As many of you who have read this and other posts will know I complained about a bailiff from Jacobs to the Cumbria Police, my local council (South Lakeland District Council) and the County Court that issued the certification to the individual bailiff concerned. At the present moment the situation is that the Police are dragging their heels (although a complaint has been lodged with the Chief Constable's Office), my local authority have enquired of Jacobs about their actions and found that they acted totally legally (Ha! Now that is a laugh, although their response was not unexpected), however, this morning I received a letter from the County Court asking me to attend a hearing on 29th June against the bailiff concerned! ( :-) Yes, finally found someone in authority who realises that just maybe something wrong has been done here! :-) ) The judge has seen the paperwork from both sides and decided that the matter cannot be decided without a hearing. I have been supplied with a copy of the bailiffs defence (or is it Jacobs' defence as the individual bailiff has not signed it but rather a partner of Jacobs has signed the defence), this will prove invaluable at the hearing. Now does anybody have any verifiable statistics concerning the company Jacobs that could show that deliberate overcharging takes place or even individual cases where it has occurred? Any help here could prove most valuable. Anyway, I'm off to make a Lemsip, hope to get some responces soon.
  3. If you are going after CCI (Compound Contractural Interest) then I think this has to be stated from the first letter (LBA). Do a spreadsheet projection for interest at 8% and one at the A&L unauthorised overdraft rate 29.8%, you will be amazed at the difference!
  4. Totally agree with Josie8. Claim!
  5. Yes, the first and second visit charge certificated bailiffs are allowed to charge for, but until the evidence is produced that the bailiff is certificated then there is no debt (see other threads on this forum about 'visit notices' being delivered by courier and uncertificated bailiffs visiting trying to collect on Council Tax Court Orders). About your ex-landlord, yes I think the time stipulation is either 3 years or 6 years. Perhaps on this matter it would be better to start a new thread on the 'Landlords/Tenents Forum'.
  6. Hi Caledfwlch, Right, relax! With the circumstances outlined above you or your other half should still telephone the Council tomorrow and complain to them about the bailiff and the damage he has caused. You should also ask them to take back the debt because of the violent behaviour of the bailiff (causing damage to a door in an effort to break in is not only criminal but also is termed 'violent'). State that you have now become aware that not only this bailiff but also the company are underhand in their manner in collecting Council Tax which are under a Court Order. Also state that as none of the paperwork was signed following either the first or second visit then you refuse to admit any fees at all stated by the bailiffs for these visits and that you will happily show good cause in a court of law, and that by the Council sending around bailiffs who would appear to be uncertificated then this makes the Council guilty of breaking the law. Explain that your total income is some £250 a week and that at the moment you can only afford to pay £5/£10 per week and offer to do an income and expenditure sheet for her/him. Then ask the Council for an official complaints form for a Council employee (the bailiff was the Councils agent and therefore is covered by their internal disciplinary structure unless stated otherwise in the contract between the bailiffs company and the Council). Then ask for a copy of the contract between the Council and the bailiffs company under the Freedom of Information Act (always best to be armed with everything you can be). Finally, when the Head of Revenus/Finance has said that the Council will not/cannot take the debt back say: 'Fine, the bailiff has made two visits, that is all he is allowed to charge for by law, he cannot charge any more even if this time they send around a certificated bailiff, so they will be returning it to you anyway. However, I have made a complete diary of the harrassment I/we have suffered and I/we intend to bring this up in court as well as the illegal acts carried out by the so-called bailiff and the Council.' Now as far as your ex-landlord is concerned I would issue a summons against him for the Council Tax and costs as well as your deposit. I am sure that such money would come in very handy. Others will be along soon to give their opinions as well. Keep your chin up.
  7. Hi Again, Sorry for making it two posts, but wanted to reassure you straight away without any more delay. Have you got anything on which he has writen the amount owed and especially 'the costs' on? If they are more than the figures in my post above and the debt is to do with Council Tax then yes the bailiff has committed the act of fraud as clearly defined by the Fraud Act 2006, and this is a criminal act. First thing tomorrow contact the Council and ask to speak to the Head of Revenue/Finance. Explain that the bailiff has damaged your door and you expect the Council to repair the door as the bailiff was the Councils agent and the Council are responsible for the actions of the bailiff. Also ask him to take the debt back and that you pay the Council directly. Now may I ask the following questions so as we can all advise you more clearly. How much is the debt for? Is it Council Tax? Are you on benefits? Which Council is it? Which bailiff company is it? I know these are personal questions but the more information we have the better we can advise. Now relax, you are on the right site to get help and hopefully get this sorted out.
  8. Hi Caledfwlch, I am assuming this is for Council Tax? Right, first things first, NO the bailiff can not charge for a van fee where s/he does not have a fully filled in and signed Walking Possession Order. At the moment the charges that the bailiff can charge is £24.50 for the first visit and £18.00 for the second visit. That's it, no hundreds of pounds involved at all. I will write more in a minute but wanted to assure you of this straight away. Also do not pay him a penny!
  9. Do you have the bailiffs name who called and refused to show you his license? In this instance I would write a letter to the Council and ask them for a copy of the contract they have with the bailiff company. Then in a seperate letter write to the council and state that the bailiff who called refused to show his license to you and this would indicate that he is not a certificated bailiff and therefore the Council are breaking the law by employing as their agents people who are not certificated bailiffs to collect County Court Orders for Council Tax. You can send both letters to the Head of Revenues/Finance at the Council (you should also be able to email her/him to save on postage). Then give it a couple of days and ask for compensation as you have been harrassed by an agent of the Council. Remember the Council are responsible for all actions by the bailiff that is their agent. Let us know what happens.
  10. Seylectric, Right if the local police will not take your complaint seriously then write to the Chief Constable, let him/her know exactly what happened and that if no Court Order had been issued then you hold his Constabulary responsible for aiding and abetting a crime to take place. This may seem harsh but senior officers are more atune to the politics of the law generally and see the can of worms that could be opened by such a case. The Chief Constable will pass it onto another senior officer to deal with it, but stick by your guns. If no Court Order existed then the men who took your vehicle committed theft unless they had your permission to take it, also of course the fact that you were threatened with arrest - which if the situation is as you described it - then this must make the Constabulary culpable as well. (Here you should mention loss of earnings as now having no vehicle.) You should also be able to get an email address to email the letter to, just telephone the Constabulary Headquarters and ask for the Chief Constables office. Let us know how things go on.
  11. Hi Shidoshi, Told you the cavalry would arrive! I see you also have some help from a friend, this is good as well of course. Now hopefully you will be able to say to your wife that things are going to get sorted out and put her mind at rest, and then I suggest you both get some rest. All of us here know how worrying it is to be landed in a situation where all news seems to be bad news. But now you at least know that there is definately light at the end of the tunnel and the law isn't all one sided against you. Get some rest and then start looking forward and getting things sorted out. If ever you need to ask a question please don't hesitate to ask, someone here will be able to at least point you in the right direction.
  12. Ducatibabe, I've been there so I know exactly how it feels. Just relax a little now, you have come along to the right place and we can try and get this sorted out to your benefit. But the main thing is that you do not think you are alone, you are not. Now, if you telephone the police, Durham Constabulary I think, they will have to take a statement from you, this wil most probably be by either asking you to pop into the local station or if you would prefer by calling on you and taking the statement. At the moment they most probably will want nothing really to do with it (though that is likely to change over the coming month - but that is another story), but they will have to record yur complaint and register it. You are correct that this gets it formerly noted. This will help a lot on Monday when reporting it to the Council. I cannot say if you would have to appear in court (knowing that would be like knowing tonights lottery numbers) against the bailiff. Right now back to the practical side of things. May I ask if you are on benefits? If so just which ones?
  13. Right, if they went to your old address this does not count. They can charge for two visits maximum. The sums being £24.50 and £18.00 for the first and second visits respectively. The fact that he hand wrote the amount stating it as 'costs' is superb. It clearly shows an attempt to defraud you. As I said above I have PM'ed 2 other members on here to look at your thread, hopefully they will be along later today, one of them 'Herbie' has access to a list of all certificated bailiffs in the country so she will be able to check that the person who called at least used the name of a certificated bailiff. Now, just relax a little and we can await others to view your post. In the meantime with the supplementary information you have posted it is clear that the 'bailiff' has overcharged you and this will be the ground for your complaint to the Council, and the basis of you asking for the debt to be taken back by them and the bailiffs fees cancelled in full.
  14. My feelings go out to her, she has the courage of a true Bodica though. I watch this with great anticipation as I think the Courts should obviously acknowledge that the acts of banks/credit card companies/ etc., are beyond acceptable business practise and clearly harrassment. Go get em girl. Now where is my wode dye and sword?
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