lamma
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Everything posted by lamma
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An admission that they have never been trained in the past (to recognise vulnerable people). If they had already been trained they would not need it now.
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Indeed, all you need to do is park in the street outside a house that a bailiff is visiting and wham ! What taxes me most is this "the innocent third party is not the creditor, nor the debtor nor the EA and is not carrying any liability in the matter" either I am fundamentally wrong - which would not be a novel experience - or there have been fundamental changes.
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I believe they can if you acknowledge it.
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Interpleaders are a weak point for me, I must study them. My current understanding does not match up to this use by an innocent third party. For example how how can the innocent third party whose car has been erroneously seized genuinely expect to be sued by two or more persons ? Plus the innocent third party is not the creditor, nor the debtor nor the EA and is not carrying any liability in the matter ! I suspect much has changed in CPR in support of these new regulations and admit that I have not 'boned up' preferring to let the dust settle somewhat. I am remiss in that. I look forward to the 'Idiots guide to Interpleaders' as this does not look to be a plain and simple matter to me. Plus I obviously need to be in the vicinity of the head of the queue of idiots !
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Possession in nine tenths of the law as the saying goes. Quite right it is only nine tenths, it is that other ten percent that opens the door. Should it go to Interpleader title would still need to be shown. Most cannot do that. Ask yourself which of your goods you can show good title to ? Take five minutes and go through your top twenty items. Sobering isn't it. I can see a blooming cottage industry springing up around this as this state sponsored piracy gets worse.
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How could Panorama - with input from the NoToMob who have examined the council contracts - utterly fail to mention the 'kickback clause' ? Nor Council responsibility as principal. The brief suspension of JBW was not to punish JBW it was to protect the council, as was in my view every word that came from the Hackney spokesperson. The programme did not go far enough, not by a very very long chalk. TT must be spitting feathers. Even though she sees this every working day (and on her 'days off' I bet)
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What is ignored in the new rules and yet is very well understood in the corridors of power is that most people will not be able to demonstrate good title to their goods. To be frank it smacks of state sponsored piracy to me.
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Undercover filming. That brings me joy. We will see what makes the cut.
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Bailiffs powers slashed - really??
lamma replied to bazm's topic in Bailiffs and Enforcement Industry - General discussions
Media coverage that I have seen and heard has been woefully wrong, including the BBC. -
I am not. The first of many.
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That link does not work for me.
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Immense indeed. Utterly appalling. The policy behind this makes itself even clearer now. Naked cash (and asset) extraction.
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Thank you. I look forward to it.
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really ? will private bailiffs be no more ?
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New bailiff law questions
lamma replied to FEP's topic in Bailiffs and Enforcement Industry - General discussions
Read the case, and the relevant cited ones, for the ECHR view on this issue. -
New bailiff law questions
lamma replied to FEP's topic in Bailiffs and Enforcement Industry - General discussions
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ie/other/IELRC/2009/cp56.html -
New bailiff law questions
lamma replied to FEP's topic in Bailiffs and Enforcement Industry - General discussions
That depends on whose definition of "productive" you use. Patently the legislators, and so the policy makers behind the legislation, are using one that is alien to the one understood by the population. This is not the place for politics but I put it out that the intent of the legislation clear and leave it at that. -
New bailiff law questions
lamma replied to FEP's topic in Bailiffs and Enforcement Industry - General discussions
I fear the new regime would fail at ECHR on the same ratio that the current (old) regime failed. And of course getting to the ECHR is no quick (or cheap) ride. It is the tsunami on April 6th that we should focus on. -
We will see if they mention the usual kick-back provision which enriches the council. If they do not mention it it will be a serious omission.
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I believe that lessening the burden of proof to the civil standard will cause an increase in these cases. The new bailiff fees will make this a cash spinner in my opinion. I foresee a further change to the new fee regulations to include these debts. I would be very happy to be found wrong by future events.
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Good grief they are even gouging float money as well. Excessively at that, T+0 has been around a long while.
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Armstrong v Sheppard has many references in Halsbury. Amongst the volumes that reference the case I suggest the volume on Estoppel is worth a look. (Although all that use it are interesting)
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She flat out lied. And as its a CPE PCN the bailiff is only acting in the capacity of a private bailiff. Ensure your parents do not let the bailiff in no matter what the bailiff says. If they are up to it get them to record and and all further encounters with the bailiff. I wager that they are overcharging with the £500 - get a detailed breakdown.
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It is my belief that at least some councils are holding back current cases until after the 6th. In those areas there could be a tsunami of horrors shortly after that date.
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Is there not an argument to be made re "dwelling" ?
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