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felicity2009

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  1. Its always good to have some well-grounded facts. If you are going to argue these kinds of things on the fly one day with opposition barristers, its easier to do when you are on firm footing. Still someone's perception is someone's perception, and sorting out someone's perception from opinion or fact is never easy. I'm inclined to think he flew to the van with the credit card. But in court I would just say 'he went really quickly'. Its different styles for different venues. You'd be a good person to test an argument on, to see if it is Judge Proof :/
  2. My friend had the same thing with SheerFarce. I even showed her photos of suspects taken straight off the website. It was none of them, and the name on some paperwork is not listed on the AHCEO website either.
  3. Hahahaha! Thats so funny! Well then, they won't mind if you pay your creditor direct. They can always ask the creditor for their fees. I suspect, once the creditors are on the recieving end of demands from their own bailiffs, it will be an interesting learning experience for them. Sorry I can't help you with the charges all that much. I'm in a similar situation myself and would love a definitive answer.
  4. I edited my message above to include more information. A miscarriage of justice can generally be undone. I was serious about the law books, BTW. Does your son read at all? He needs to know how to defend himself from this kind of thing. I know whereof I speak. I had about 20 years where the police were always after me for something or other because I lived in a part of town where they assume everyone is a criminal. Plus I like to thump sex pests instead of running away. Police like to charge the winner. Which is always me. The police were a bigger problem than the sex pests. If they don't get you, they try even harder next time. They make stuff up and they get personally offended if you know the law. I've had judges seriously tear into these 'people'. In the end, it gets to be fun. Your day in court. The opposition always assume you will plead guilty - then when they have to explain themselves - ooh how things change! Another precaution I have taken these days is to get myself a pair of recording sunglasses. You can get them off a well-known auction site. They record sound and vision through a pinhole camera. This means I no longer have to prove what happened or beg for CCTV footage. If your son is under sustained attack by the local plod, I suggest he gets a pair. If he'd had a set when the police officer started abusing him, things would be a whole lot different right now.
  5. (3) It is a defence for the accused to prove— (a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or (b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or © that his conduct was reasonable. If you make the wrongful conviction go away, so will the bailiffs, and this will avoid those tricky liability issues. A police officer behaving this way cannot possible be distressed when he gets what he gives, and your son's behaviour was reasonable. If anyone saw the incident, they need to swear in a statement - perhaps at this late stage because they 'have only just been located'. Then use whatever appeal proceedures there are. It should be the state paying *you* for this, not the other way round. The law is there as a boundary. You can't prosecute someone for being close to the boundary, they have to cross it otherwise there is no point having laws in the first place. If the speed limit in an area is 40 mph, you can't be prosecuted for going 20.
  6. It sounds to me like he was not guilty in the first place. Any police officer behaving like that could not possibly have been distressed by being told what he is. Was he pressurised into 'pleading guilty to get it over with'? If hes the sort of rebel who just likes being a pain, tell him from me he can make a far bigger pain of himself if he reads law books
  7. The bailiff will be coming back no matter who you pay. Sort of like a playground bully. But this way you pay less. First thing to remember is bailiffs lie. All the time. They are after the most fees possible. A nice shiny car wouldn't go amiss either. Even if you pay them for the next ten years, they'll stuff up their proceedures then claim you defaulted, stick on bogus fees etc. They are not interested in you paying off the debt, they are interested in you stuffing up. And they take their fees first. They do all this because you have a debt. They are on far more shaky ground if you do not. So clear it direct with the company. Photocopy the log books or whatever else you have that proves your sister owns the cars. Hand this through your letterbox next time they call. Personally, I'd also stick photocopies of these next to the tax disc. This will make the bailiff very sad. He will probably have a tantrum. Do have a video camera ready as many people will find this entertaining. If fact, I think we ought to run a competition for the best tantrum by a bailiff caught on camera. Don't open your door though, film through a closed window.
  8. Then send your creditor a cheque for £750 or anything really, and don't tell them what its for till after they cash it. Could you explain more about the panic, I don't really get it. Like what exactly had you panicking and how ringing the bailiffs will help. Sorry if that seems like a rude question, but I've seen people panic a bit over the years but I'm never quite sure what is going on. Most people on here are quite desperate when they arrive, but after a bit of research and counselling they sort of know the process for getting bailliffs off their back and they stick to it because thats what they want and the process works. Once in a while it doesn't happen but its usually because they weren't in and someone else answered the door or a similar cockup. Is there anything we could have said that would have stopped you picking up the phone and offering your money to the bailiffs? Feel free to ignore this question.
  9. That will still be on file at the council, with any luck. 'Subject access request under the data protection act' time, I think. Don't tell them why you need it, just ask for everything they hold on you for the year you sent the letter.
  10. Who is the bailiff company? What was the debt for? Did she sign anything? And no, you can't have two levies on the same sets of goods.
  11. I think a principle to bear in mind here is that Who Screws Up Pays. The council should have known your wife was disabled, the bailiffs screwed up the payments all by themselves. I was talking to a QC many years ago about stuff like this - things that might or might not be specifically legislated for but that appear to be contrary to certain overriding legal principles. He said that in effect you could just go to a judge, bring an 'action in tort' without even specifying what you think the specific things someone did wrong are. Tell the judge what happened and leave it up to their discretion as to what laws to apply. Thats your bottom line, thats your final defence. Working backwards from that, I'd say rather than battling every last little thing point by point in a courtroom - assuming you have already made a formal complaint to the council and its still not sorted out - it is time to call in the Ombudsman. None of this should have happened. Its a national disgrace. By all means send your letters to the council, but soon as you've done it, assuming you have proof of the bailifs system changes screwing up the payment schedule in writing off them, and proof in writing the council already knew your wife was disabled - write out the whole sorry tale and send it to the Ombudsman. You'll actually have all these people over a barrel. Then you can sit back and laugh at the sound of foot landing on ass all the way from the Town Hall. You may then wish to have a nice gloat in the press, and frame the story over your mantlepiece, for a trophy..
  12. They aren't supposed to take a car on HP but I wouldn't trust them to behave within the letter of the law. Just move your car. Then ignore the door and deal direct with the council. I wonder if you would be classed as 'vulnerable'? Its a good thing to be classed as, in these situations..
  13. Lets tackle this from the other end. They say you lived there till 2007, right? Do you have any evidence whatsoever of you living anywhere else after that first six months? Old bills, even old envelopes addressed to you at a new address if they have a dated postmark. The bailiffs and the council won't care about that, but a judge will. If they are making accusations in court, they have to prove them. Its called the 'burden of proof'. If you can show just once piece of evidence, just one, that you were somewhere else at any point in the disputed period, it casts doubts on their whole story. Oh and move your car and don't open your door. If you do open your door by accident, don't sign anything and don't let the prat in. Have a look through your stuff. Find the weakest piece of evidence you can and wait for them to go 'yeah but..' Save your strongest for the judge.
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