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Everything posted by Bartok

  1. Username JBW hasnt been on since December 2007. http://www.consumeractiongroup.co.uk/forum/search.php?searchid=3584322 Are you the Mr Khan he refers to?
  2. Heres my math. A SWB Ex BT Ford Transit £5,000 ebay. Talon ANPR system, £1595 +VAT. Convert Transit to run on LPG Autogas - £1500. Total hardware cost: ~£8000. Autogas is exempt from C-charge, fuel cost is 55% cheaper than diesel, and cheaper to insure. £115 a year tax disc. Rent it out to a bailiff £250 a week, and 8 months later, your investment makes a profit. Get another Transit off ebay, kit it out, rent it out, and repeat to infinety. The LPG savings could save the renting bailiff a big chunk off his £250 weekly rental - a good selling advantage. TasmanianDevil. I have venture capital, you provide the customers, and I'll get the vans. PM me - even if I have missed something.
  3. Who is creating the argument? The point of argument is simple. There is no breach of data protection rules because a VIN on a warrant is not disclosure personal data, and thus does not form part of the Data Protection Principles. If the warrant of execution is for a criminal fine or offence, then the data protection rules dont apply at all. Any processing of personal data is exempt from the data protection rules if it is to do with crime and taxation.
  4. An interesting comment. What happened that changed the industry? People still get PCN's, get fined, get unpaid council tax and biz rates bills etc. Is it because high profits natrually attract competition? I knew someone who worked at Equita doing unpaid biz rates for Westminster and he said the money was very lucrative. We hear on these forums that bailiffs diversify as HCEO's and charge thousands in miscellaenous fees per case.
  5. If you havnt got the money to pay and you dont let them in, then there isnt much a bailiff can do about it. They will have to return the case back to the council eventually - I think its 90 days. You may be classed a vulnerable person for the purposes of civil enforcement, so in any event the bailiff may have withdraw from your property in enay event. A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10
  6. The council is required send a notice to owner before instructing a bailiff. If they havnt then you dont have to pay anything because the council has failed to comply with the rules. Ask them to roll the case back to the original aprking ticket and appeal it on the grounds no notice to owner was sent within 6 months from the date of the offence. Check the 6 month rule, it might only apply to criminalised offences. The bailiffs fee is 28% of the original amount you are fined. Not sure how the £93.16 has been worked out, something doesnt look right.
  7. Thats interesting stuff. I will suggest an tweak to your Acme letter, add a clause requiring an HCEO to show sales invoices giving rise to his costs in Regulation Part C/Fee 12. I had a tenant renting a shop (a launderette & dry cleaners) who had HCEOs turn up for the previous tenant and the case was assigned to solicitors. They asked the HCEO to prove their hundreds of pounds of miscellaenous costs by showing sales invoices to support the amount claimed - and the HCEO came unstuck. On Further investigation, it was discovered the VAT content of HCEO fee invoice had not been entered on their VAT return they submitted to HMRC, it was a bogus invoice. The real invoice is only entered on the VAT return if the debtor pays. VAT rules require unpaid VAT invoices be paid by the registrant.
  8. Well done plod. Didnt know you can just turn up and do that. What kind of debt can a Stay of Execution be applied for? e.g. JUdgement, Council tax, Parking, HCEO etc.
  9. I wouldnt worry too much about the bailiffs fees, just work with the council & get receipts for everything. Make it known to the council the bailiff is cheating with his fees (£200+) and you would like to put in a formal complaint with the Local Government Ombudsman. You will get the councils cooperation quickly enough.
  10. What more do you want us to tell you? Nobody will be "arrested". Its urban myth bailiffs sledge-hammer your door in for unpaid council tax. Keep your door locked shut at all times, speak though the letterbox of you have to, and call police on 999 if anyone makes threats of breaking in or says they will have you arrested. Capture everything on a camcorder and this can be used in evidence if the bailiff commits an offence or says he has a document ordering your arrest or imprisonment. If you cant pay then you have nothing to worry about, the bailiffs cant take what you havnt got. Keep them out of your house DO NOT open the door, they will can try and push past you. Keep that camcorder running and dont let the bailiff see you with it. Distress hasnt been levied, its only a notice. The BIG RED print is designed to scare you. Dont be threatened by it Touch luck for Mr Bailiff, bailiffs cant use anyone elses goods as a levy. Dont tell the bailiff whose car it is, thats the bailiffs problem. If its not signed then you have made no agreement with the bailiff and its not valid. Keep it for future evidence incase the bailiff tries something stupid. The only lawful fee payable is £24.50 and nothing else. You can disregard all other fees because you have not agreed to pay them. a) the £30 is probably nothing, you can disregard it because you didnt agree to the charge and theres no court order saying you must pay it. b) Nothing will happen in 24 hours, I lay money he wwont even turn up, this 24 deadline is to scare the pants out of you. c) It doesnt matter if the car is there or not, its not even yours and there is nothing the bailiff can do out it. The bailiff would get nicked under Section 12 of the Theft Act 1968 if he tries to steal it under a pretence its yours or its levied goods. d) you dont need to prove anything, the onus is not on you to prove you dont own the goods, the bailiffs liability insurer pay the penalty if he is sued by the legitimate owner for taking his goods without authority. Nobody will be arrested, you can be sure of that. Stop worrying.
  11. The fee for collecting unpaid council tax is £24.50. There none of this hundreds of pounds he is asking for. Its bailiffs trying a fees racket hoping you will be gullible enough to pay it. If you didnt live at the charge property then you dont own any council tax. Put someone elses car on your driveway and if the bailiff interferes with it then youre laughing.
  12. Everyone on here says pay the council direct, no matter how little and get a claim for council tax benefit put in ASAP.
  13. Post in legal section. Make an Application to have order set aside on the grounds you were not served with the notice of proceedings. It looks like the other side filed proceedings at court without serving them on you.
  14. If they ask for a fee to give a breakdown, then just reclaim it by completing a Form N1. The bailiff could be claiming unjust enrichment and/or the bailiff is trying to conceal their sales invoices giving rise to their costs of £413.84. They could even be making a false representation. http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf Bailiffs cannot charge a fee to clamp a car to make a gain for himself or another, so remember to include this in your claim particulars. Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants) The Judge said there is no actual cost to the bailiff to fix a wheel clamp therefore he cannot show its reasonable costs. Make a post in the legal section for help working up your claim particulars. The £25 is a bit odd. Its usually £90 or £120 by the time it reaches bailiffs, and the statutory bailiffs fee to collect unpaid parking fines is 28% of the amount you are fined.
  15. Long post, TLDR. 1. whats the debt for? 2. In your name? 3 At the address bailiffs attended? 4. Did you get an opportunity to defend it beforehand? 5. Did you incur the liability or agree to the debt? (if yes, where the contract or laibility order/charge certificate etc). What do you want marstons to do? For now, keep your place safe & secure. Do not open the door and ask them to leave until you have consulted a solicitor.
  16. jonni2bad is not a specific person, its (or was) a shared username for moderators to impose restrictions and give warnings anonymously. It usually appears when a moderator doesnt want to use thier own name. Do a search.
  17. Yes its BOW county court, but want it transferred to home court. I've written to Bow and asked for the claim to be transferred.
  18. If you suspect identity theft then you should contact police and get a crime number. When you have the crime number, send it to the council and cc their bailiff company and they should cease enforcement action. You need to make it very clear you did not live at the charge address giving rise to the council tax liability. Contact the local government ombudsman if the council does not cooperate.
  19. If she holds a valid certificate, then yes she can enter your property without permission. Section 78(7) of the Road Traffic Act 1991 says a bailiff enforcing unpaid parking tickets must hold a bailiffs certificate and failure to do so commits trespass. You can check a bailiffs certifiicate online and entering their name here : Certificated Bailiff Bailiffs cannot charge a fee to fix a clamp to a motor vehicle because there is no actual costs or expenses involved and the bailiff cannot shot it is reasonable costs: Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008. The law says the bailiffs fee for collecting unpaid tickets is 28% of the amount you are fined. The law does provide a letter fee of £11.20 (check, it might have gone up) but if you didnt receive one then you dont have to pay it. Ask for evidence the letter was received by you at your correct address. Not sure, someone else might know. Just reclaim it through the small claims court. Naming the instructing council as your defendant and quote the case mentioned above in your claim particulars. Remember to claim interest at 8% a year to the money you have paid. Post in the Legal section of this forum for help in preparing your Particulars of claim. Your post says you didnt know anyting about this until bailiffs turned up, if the council has been sending documents to the wrong address then no bailifs fees are payable, you can ask the council the penalty be rolled back to the original fine and then you can apeal against it if you think you have grounds. Contact the Local Government Ombudsman if the council does not cooperate with you on this matter.
  20. Hi, I might have been running before learning to walk. I have written to ther defendants home court and ask they transfer to the claimants home court because the claimant is a person and the defendant is a corporate entity. The defendants home court is to consider an application to have the claim struck out, and there might not be an AQ if the application succeeds.
  21. Update. The Northampton Court District Judge did not strike out the claim as originally requested by Barclay's solicitors. The Order reads: "The application to strike out the claim must be heard on notice to the claimant. Transfer the action to the defendant's home court" The claim has is transferred to the DEFENDANTS local county court. I think (and I may be wrong) where a claimant is an individual and the defendant is a corporate entity, claims are transferred to the CLAIMANTS local county court. Once the defendants local court acknowledges receipt, I would like to ask the claim be transferred to the claimants local court. Does anyone know under which Civil Procedure Rule that a claim is transfrred to the claimants local county court under these circumstances?
  22. Its usually a £5 under the reasonable costs clause. Anyone in civil service will know that liability orders are signed in bulk a hundred-plus at a time. £5 for each case does make a gain somewhere along the line - which not reasonable costs. I agree: You are correct. £80 is not reasonable costs so the debtor can disrergard it unless either, a sales invoice is produced showing how the £80 has been spent, or a court has made an Order for Costs and the debtor is given reasonable opportunity to defend it.
  23. Nothing personal, but this utter nonsense pouted by the moderators on this forum that CAG is liable for comments made on it internet forum is total rubbish! If CAG got proper legal advice, they will know case law already sets the precedent that a webmaster, forum administrators and moderators etc is not laible for comments made on its public forums. Laurence Godfrey v. Demon Internet Limited (1999) More: Case Analysis of Laurence Godfrey v. Demon Internet Limited Fair Parking, theres nothing to worry about.
  24. The police might say "its a civil matter". That means the crime is only a crime when the police want to consider it a crime
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