I found this on the BBC's website, I think it makes it very clear the differences between a penalty charge and a parking charge.

It also supports advice given on here over and over regarding the person driving the car and identities etc.. Have a thorough read, it clears it all up nicely .

It's Here http://www.bbc.co.uk/watchdog/consumer_advice/parking_ticket_advice.shtml

Gary

Hi all, I hope somebody can help here.

In 2007 I took out 2 hire purchase agreements for 2 motorbike, one for me and one for my son, but I paid £1090 towards my bike.

Both me and my wife then lost our jobs, but we continued to pay all the bills from our savings and when that ran out none of our creditors would let us make hardship token payments so we used the last bit of money to make ourselves bankrupt.

But the OR told us he could not intervene with the HP agreements, so I called them and the account manager agreed to take my sons bike back and reduce payments on mine from £71 to £40 per month. And I didn't have to pay anything for collection.

In september a new account manager started and called me, told me I had to make up the overdue difference to the tune of £480, which being on a low income I cannot do, so he said I had to pay £189 per month, which is almost half of our household income.. I told him I had to think and called him back and said for him to please take the bike away and I'd continue payments to cover the overdue bit.

He then said I had to pay £350 (which I don't have) to take the bike away and said he couldn't see why I hadn't been charged before.

I then emailed one of their directors and pointed this out, and the fact that they are bullying an undischarged bankrupt and I would report them to the Ombudsman.

I then got a more friendly call where the account manager said I can pay £87 per month, I agreed to but pointed out that I no longer wanted or needed the bike and that it had sat in the same spot for over 2 months not being used.

I have continued payments, but I'd be surprised if I've been 1000 miles on the blasted thing since I got it, so I really don't need or want it.

Can anyone suggest anything? I'm at the point of using a can of petrol and box of matches on it.

They have had well over half of the money from the original agreement and can sell the bike with a brand new MOT and 12 months tax on it, I just had to redo all that which annoyed me rather a bit.

Gary

Thanks Unclebulgaria, I've just written a letter to that effect, I'll let you know how it develops

Hi Guys,

Back in May a sales person from Swinton called me because I have my car insurance through them, and talked me into house insurance.

But by the time the documents turned up, I'd changed my mind and never signed the policy or CCA, and didn't return anything.

Now they are trying to charge me £50 for cancelling a policy I never wanted, never signed for and have not paid anything for BECAUSE I havn't returned the policy documents.

I just called them, and they say I have signed a CCA for my car insurance, but surely this is for my CAR insurance, and surely I have to sign and agree to the house contents BEFORE they set it up.

Gary

hehehe, they'd be red faced, 'cos that last one if it was flattened would've annihilated the envelope.. Can I end that on a Evil Maniacal deep laughter

excellent...must try that one myself

Make sure it's as bulky as possible, the one I sent yesterday wobbled like a weeble it was so wonky, opposing diagonal corners stuck right up, so I challenge any normally right minded postal worker who flattens peoples post to fit the SLOT to get that b*gger thru LOL

i honestly found once it started costing them money and time they soon, (well i say soon in my case it took the idiots about 3 weeks to get the message,) get the idea that it is a waste of time ringing..plus the added bonus..when they hanging on the phone they cannot be bullying anyone else...so you are getting both these advantages out of it

It HAS to be my way to go, pick up, say "hello", get the 1/3 call rate reply and say "can you hold a sec" and put the phone down somewhere while you I dunno Brush your sheep, wash your cow, arrange your toothpick collection or summat LOL

A little addendum, Provident (Vanquis parent company) have been send me, my wife, my daughter (20 but don't live here no more) and my 16YO son offers for loans.

Normally we bin these things, which means it only cost them to send it to us, but I fold it all up original envelope as well and make sure it WON'T fit thru the "letter" PO slot, put it in their reply envelope and post it in a normal post box so it's not measured or weighed and they get to pay lots more to get it all back..... They sent to me and the Mrs to begin with, two of those sent back stopped them, then my son, that has stopped, and I just sent the second one for my daughter.

Yup, will do, ta, especially as they are calling my mobile means I don't have to call them at 7p per minute plus network costs, the emails I can divert to the spam bin but won't in case needed for evidence, and the letter almost was binned, but kept "just in case"

That's the thing, I didn't have to go thru security, the last caller when I went into "do I have to go thru this yet again" mode just asked if I was the card holder, which I confirmed, and she even said she could see on my file that I had been made bankrupt... DUUHHH, that's why I asked her in the end to sue me, I would LOVE them to just to let them waste their money and get so much Egg on their faces.

Oh and I did say that it was pointless calling me because I will not speak to them any more.... Damned auto dialer systems

Vanquis advertise that they will help you repair your credit history.. And they did help, after a bad business venture 10 years ago, I had a BAD credit rating, whereas my wifes was "ok", dragged back a little by being associated with me, but we both ended up with a Vanquis card, and kept up payments with those and everyone else, and my credit rating ended up being better than my wifes.

But last July BOTH me and my wife lost our jobs, but we had some savings so paid EVERY PAYMENT up until Dec 2009/Jan 2010, when that money ran out and having not found new jobs, we decided the only option was Insolvency with the last bit we had left.

So 5th Feb we where both made insolvent, but Vanquis Via Impact have HARRASSED us via phone, email and post since, today alone I received SIX phone calls, an email, a text and a letter. I have picked up every call, and the 2 where somebody actually spoke, I told them the county court ref, and they where not interested, I said I am not paying because they have to go to the insolvency service, but ended up losing my temper and hanging up.

I have contacted the OR and she is VERY upset with them, I have also sent them the "harassment" letter today and I think the OR may be thinking about whatever action they take when a creditor insists on contacting the debtor after an insolvency.

But WHAT a BUNCH OF I even said "I am not going to pay you a penny, so take me to court", and the insistent caller said they wouldn't be taking me to court, that was when I hung up exasperated

Have a read at the site below then, some interesting little facts from the insolvency service

Debt Basics - Bailiff Guide - know your rights

Hello All

My OH signed a WPA in August 2008 at our previous address. The bailiff didn't gain entry and levied on a hired car in the driveway. Nothing other than the car was levied. I have made a complaint to the council as the bailiff has been threatening to come and force entry using a locksmith. The head of revenues/collections at the council spoke to me and said the fact that a hired car was levied is "irrelevant" and that the WPA is valid because my OH signed it! Hallowitch has helped me a lot and I thought I knew my rights after all the reading I've done on this site and the help the caggers have given me. However, I was totally bamboozled by the Head of Revenue's statement that it was irrelevant what was levied as the debtor's signature is all that is needed for the WPA to be valid!! Is it just me or is that a load of b*****ks! I feel I'm going around in circles here.

 

Oh and another thing...I read somewhere (but can't remember where..or even if I flippin dreamt it) that a WPA is only valid for 6 months. Does anyone know if this is the case?

 

Also, the bailiff levied on a brand new car (hired) worth approx £13k for a debt of £400!! Surely it's illegal for a bailiff to levy upon goods which are obviously valued at an amount far in excess of the debt?

Thanks in advance for any replies

x

Having just been thru all this, and ended up making myself insolvent, I have a few gems from the Insolvency services website for you.

1) Only property BELONGING to the debtor can be removed by a Bailiff, in the event that it is under a Hire Purchase agreement, ownership has to be established afterwards by the HP company.

Which does NOT apply in this case, it is a HIRED car, borrowed for "the day", so it is the same as them taking next doors car because they couldn't find your car.

As for £400 VS £13k , no they are allowed to levy up to 10 times the value of the court order to allow for auction sale values, which would be £4k and a MUCH older car.

2B honest, I'd let them take the hire car and tell the hire company, while laughing as the Bailiffs get bogged down in court actions.

But Bailiffs will tell you anything to get what they want, they assume we are all idiots and think they can run off with our possessions, but after talking to a Court officer they have VERY, VERY limited powers indeed... But they will say anything they can to convince you otherwise

I'll do a scan and "blank" thing over the weekend then, so you read a REALLY good Fairy tale

Yeah, Sorry Pussycat, I was more than a little stressed into the last week or so before my Insolvency and Rossendales made it 50 times worse, so I apologise if I made you sound nasty.

I did make a formal complaint to both Kettering Council and Rossendales, and of course Rossendales THUG was working with a Colgate ring around his head, and when I recorded him, it was me being aggressive, not him.

Oh and me AND my wife pushed him out of the door when he tried to step in (Why would he try to do that then), EVEN tho my wife was only half way down the stairs and nowhere near the door.

So Form 4 and an upload of the tape when I figure a way to do a decent copy then.

Would uploading a scan of the letter from Rossendales with names blanked out break the rules, so you can all have a laugh?

As I understand it , a call can legally be recorded provided at least one party is aware the call is being recorded. ie, if you make or recieve the call and record it for your own use then that is fine. In addition a transcript of the recording can legaly be used as evidence. If the other party disputes any part of the transcript then I`m led to believe that the rcording can be used to confirm the transcript by a judge or similar. In practice, the transcript is usualy sufficient.

 

I have used this method countless times including an employment tribunal where the transcript was the only thing that saved the day.

It's irrelevant, does anyone actually read the last few posts ?

The recording IS admissible according to my solicitor, and that particular so called Bailiff has signed off the end of his career in this industry and a start of a stint of whatever the courts give him for what is now his CRIMINAL activities.

PEOPLE, STOP ANALYSING IT, he BROKE the law and fell so far from the terms and conditions of his bailiffs Cert, that he may as well take a waiting ticket to pergatory.

I have confirmed with my local County Court, that he was NOT working within what they would expect as rule for a Bailiff.

The man will shortly have no career, I am going to make sure of that, he picked on the WRONG person to bully.

Well, I belonged to a sort of pyramid group, where if you had a Bailiff calling, we had a central and local number to call and there would be in theory 80 people dancing about on your lawn disturbing the bailiff.

Luckily I never had to call on that network, I sort of doubted it's effectiveness.

BUT To the REAL matter, we go to court in the Morning, The Clerk called me earlier and made sure I have everything ready and said we could pile in early (We called them after the Bailiff tried to force entry, so I think they understand why we wanted to get in early)

The Bailiff I think believes that the house will be empty while we are away at the court, so he can "do his magic", but he would be wrong, there will be my 17 YO son, who is over 12 inches taller than me, making it hard to boss him about... Just glad he respects me , 2 of his mates, My Daughter (20) and her intended (24) and their housemate Kyle... And of course the 3 dogs.

And then there would be the assault charge I have lodged and the Criminal damage charge as well, I am a Software Engineer, Since hitting 40 I have had to wear glasses, and The Bailiff Knocked my glasses off after treading on my foot I will add, and rendered my glasses useless to me due to the damage, so I will be seeking damages from Rossendales for that as well

Just for good measure I texted the so called Bailiff and told him how Screwed he is, he's f*cked, I will have his Bailiff Cert off him, it is now a personal mission, and I have the evidence to prove he is not worthy of his license, and I am happy to bring this to the public if anyone can suggest any way to show what charletains they are, I am happy to stick my neck out and be Mr Anti Asshole Bailiff in the Media or whatever.

we really need to stop talking as individuals and start fighting back en masse such as we did with the poindings for poll tax in Scotland. Stop them with a show of force for every walking posession order they attempt to gain.

POLL Tax, I remember that about 1988/1989 and didn't pay a PENNY of it to Worthing Council, I was more militant then than now ( I think, according to a book I have here, at 44 I am now a Grumpy old Man... Sigh)

Hi there

 

Actually my dogs are really peaceful when eating their dinner -- however if anybody says the words "Bailiff" or "DCA" you could probably hear them barking a mile away at least.

 

I've now added another hate word to their vocabulary - "Rossendales" -- then they REALLY go mad.

 

Cheers

jimbo

, good idea, at the moment "see them off" gets my 3 going, so I'll get them to know Bailif and Rossendales as well .. like it ;-)

I am right in saying that it has to be in transcript form if presented in court, just curious to know

Not sure, but my solicitor has the tape now, so she will deal with it all

But one last thing before I go to bed, and it is repeated all over these forums, use technology, record everything from pictures, to sounds, to videos, then you have EVIDENCE

Most web cams have a mic, in fact most laptops do, whatever you have, record what you can when the bogey man calls, it will make him think again about how to behave, and you can get him into so much trouble with a few recorded words.

Absolute and utter disgrace.....

 

If this thug does not have his licence removed and / or prosecuted for his actions, I will lose what very little faith I have left in the "system".

 

Good luck with this and keep us informed....

I will keep you informed, and have been encouraged by family and friends to do as much as I can to show how bad these rogue bailiffs are as I can.

So I will

i agree totally..... these we can do without. He is probably in his infancy as a bailiff and generally, this type of idiot wouldn't last 3 months in the job.

 

They are not wanted by the industry, or the debtors ( sorry, bad word )

Hmm, excuse me if UR not, but the way you worded that makes me think RINGER.. IE Bailiff reading the forum

Are you going to analyse him - would love to see that.

 

PT

ps will men in white coats be hiding in greenhouse?

Me and my son make a VERY good investigative team, the name Hentooth comes from an old shopping site I ran where we found stuff for people that was "As rare as Henteeth", we found some odd stuff for some VERY odd people.

But Me and my son found a bit of a knack for digging things out, so we'll soon find out how many assault charges he has against him or is the recipient of, and also how many complaints have been made and so on.

I already know his address and landline, but of course will not share it.

Where do they get these thugs from?

 

I've just spent a few days on a people profiling course - would love to profile one of these - I bet he wouldn't fit the "published" profile for a bailiff. More needs to be done about how these oafs are recruited and the firms who recruit them should be fined for their employees "shortcomings" (for want of a better word!).

Ell-Enn, they are NOT "Oafs", they are THUGS that have been given a piece of paper by the courts that give them limited powers, that they seem to elevate into Super Powers... For some reason the image of "Comic Book Guy" from the Simpsons came into my head, dunno why, it's not really relevant