wonkeydonkey
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Everything posted by wonkeydonkey
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CB you have been a great asset to Cag and have always been prepared to go the extra mile to get caggers the best possible advice to their problem. I wish you well for the future, take care and God Bless. WD
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I have to agree with you DB it will indeed avoid confusion if all LA's start singing from the same hymn sheet.
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I am a blue badge holder and it is issued with the warning DO NOT leave the badge on display when the vehicle is not in use....so where does that leave people who follow the warning but get a visit from bailiffs???
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Then I am delighted to be proven wrong The defendant in this matter is roughly £1000 out of pocket and to drop a claim for that would well be worth Eon's while, don't you think ?? I will follow your advice and read the financial legal issues forum. Having been in a similar situation myself I opted to go for set aside and recovered every unfair penny taken from me...£4k+
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In all honesty I have never come across the situation whereby the claimant has on request set aside a ccj but since you got the info from a solicitor, he/she is better placed than I am.to ascertain if such an avenue is open to you. I am familiar with the process of the debtor having paid the amount adjudged within one month of judgment being made being able to seek removal of it from the register. and that paying the ccj after the month deadline it is possible to obtain a certificate of satisfaction which marks the debt satisfied on the register but, it will still be visible to anyone doing a credit check. I have always understood the defendant undertaking the set aside process is the only way to have a judgment overturned but I would be delighted to be proven wrong on that, if it means I and others can learn from it.
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I agree they are an utter disgrace. It doesn't matter if you send the letter trying to get them to agree a settlement first. This SAR will be needed if they refuse to settle and you find yourself back at ground zero and since they have 40 days to reply in...best sent sooner rather than later. By the way you will need to send £10 cheque or postal order for the SAR and send always by signed for/recorded post. Courts will look at the time taken from when you first became aware of all this to when you apply for set aside, so keep an eye on the clock (so to speak), don't leave it to long. There is always a lag between application being made and a hearing date being set. In the worse case scenario and the hearing arrives before they reply to SAR you can ask the Court to adjourn until that info is with you.
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It is the creditor ie; Eon you need to contact and when doing so you need to submit an SAR (subject access request). This will give you a detailed report of all communications including any recorded calls and screen shots of your ongoing account at the time.
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I have no idea what the end result to the debacle was, however if you feel it relevant to this thread perhaps you could post up the Judgment that supports the award.
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and you can of course substantiate that?
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She was told by the McKenzie that by taking legal proceedings, she would get a 'replacement car'. She was also told that she would get a large payout from Marston Group because her business had closed. She received neither. Instead, all that she received was a refund of storage fees and from memory, she had to pay her own court costs and very hefty fees charged by this McKenzie. Thanks for that BA. until it was resurrected by neil_tp I had forgotton the case. my last recollection was the MF stating the case was ongoing to recover costs and compensation but I couldn't recall if there was any result to it all.
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This returns to the current page for me? however since you appear to be a poster of few words. I can only assume you posted in reply to BAs comment For years now the same individual has 'boasted' of his endless court hearings and payouts from the local authorities or enforcement companies on behalf of creditors. Never once has any evidence been provided As I recall there was a lengthy thread relating to this case and Kari Anderson herself confirmed the individual in question played no part in her achievement, so I fail to see how the case you give can be classed as evidence.....
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Perhaps you would be kind enough to provide full details of the above,. the last we heard there was still an ongoing court case in respect of costs and compensation to the litigant.
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There are two on the list of 'Do Not' that I know for certain do pass monies paid to them onto their bailiffs. However, both of these may have changed their policy since the date the information was collected. I had dealings with them October & December 2015.
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. I can't claim credit for bringing it to the fore, I came across it earlier this week purely by accident when it appeared in a national press article. I just thought it a fitting description of the former MF in question.
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It is always a good idea to try and resolve matters direct with the creditor It has to be your decision and of course we would respect any decision you make but, personally I would not be offering them any 'sweeteners' and I would be looking to recover the £1000.
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Reading back on this thread posters will be able to see the central MF gave much cause for concern with his unlicensed, uninsured activities and this will now go a long way in protecting people from the 'quick buck' unqualified individual who took to call himself an MF. He is obviously disappointed with this decision.(see below) but since the release of BA's document he has quickly reinvented himself to be a 'solicitor trained paralegal'. (another to add to his CV along with commercial pilot, stipendiary magistrate, deep sea diver etc. etc) "I now have all my clients represented at court by solicitors following the M of J intention to ban fee-charging McKenzie friends. I'm not a solicitor myself. I am a solicitor-trained paralegal and draughtsman, so my role in bailiff advice is one of first point of contact for new clients. I examine the complaint and advise the client the redress options available. I also speak to the bailiff or creditor for the client. If the client needs court proceedings, I draft statements, legal arguments and complete the court forms, then pass them over to a solicitor who completes the ID check and issues the client engagement letter, then starts court proceedings. Many clients originate from solicitors when a member of the public uses the Law Society to source a solicitor for bailiff advice." Could the Dunning -Kruger effect be applicable? I will leave you good people to Google it but, in brief The Dunning–Kruger effect is a cognitive bias wherein relatively unskilled individuals suffer from illusory superiority, mistakenly assessing their ability to be much higher than is accurate. This bias is attributed to a metacognitive inability of the unskilled to accurately evaluate their own ability level.
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Excellent post UB and very worthy of discussion.
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This thread is titled....... Liability Orders...Government wants to substantially increase Attachment of Earnings Orders...Seeking help from HMRC....It was started by BA and placed in this forum to enable a discussion as to the impact such a coalition could/would have on debtors. Those that take part will IMO, have basic understanding to the current system for collecting outstanding CT. This debate should therefore focus on the pro's and con's of collecting outstanding CT (that are subject to Liability orders) by way of an attachment of earnings order as opposed to the current situation of passing them straight to enforcement stage? Should HMRC take on the role of provider to debtors employment status to achieve this? I agree with BA," the overwhelming message in each one of them is that the local authority are obliged to ensure that they collect council tax and that debtors should pay what they owe. Given the importance of these LGO decisions, (almost all of which are decisions made under the new regulations) it may be a good idea to publish copies here in the discussion part of the forum. In order to avoid confusion, it would probably be better to separate them under different threads (Attachment of Earnings/Council tax/road traffic debts)"
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Really? after only just joining and having made only 8 posts.............
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I have taken time to read this post but, until you learn self control and stop making inflammatory remarks I for one will not be responding to it.
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Being that you are the OP and appear more than capable of answering your own questions, why would anyone want to waste their time advising you?
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Yes the debt is paid but the action to recovering the fees and addressing the ccj is ongoing.
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There has been nothing from the OP to suggest the decision to pay Eon and the enforcement fees is 'throwing the towel in'. I am told the matter remains ongoing.
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Rogue Bailiffs
wonkeydonkey replied to wonkeydonkey's topic in Bailiffs and Enforcement Industry - General discussions
That's a fact DB....people on cag have never, to my knowledge, taken issue with posts containing typo's or misspellings,let alone dedicate a whole thread to deride posters on other forums who do make such errors, which,. including those deleted last year must now run to 70 pages!!!! Sad or what!!!
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