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mark james

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Everything posted by mark james

  1. UK law is very clear according to the advice I was given. You have to inform the person you are talking to, if you wish to give the recorded conversation to a 3rd party, or use it for training purposes. If you are using it in a court of law to defend yourself, or accuse somebody else, then it is entirely legal. As for recording somebody in a public place, or a private meeting in a restaurant etc, I dont know how the law stands. But regarding conversations on your home telephone number, it is 100% legal to record and to be used in your defence.
  2. I only paid the local authority directly, because I knew the fees the bailiffs were charging were wrong, in order to put a stop to extra fees. IE; further phantom visits etc. I knew they was basically defrauding me and like any business I conduct, I record them all. I had no issues paying the bailiff their appropriate fees, because the missus had brought this on herself. What I seriously objected to, was being fleeced but a bunch of Eastend, wide boy, knuckle draggers. When their costs on a 1st visit was more than my fine, I just blew my top. Even if it was £90 odd quid, I would have settled. It was the magical 3 figure mark what broke the Camels back. I threatened them back, I informed trading standards, threatened the bailiff with a county court detail assessment, threatened the bailiff with a form 4 complaint(backed up by audio evidence) threatened to make a complaint to the police for extortion and in the end they gave up. What really upsets me, was the council taking the side of the bailiff and ready to sell me out, by keeping the warrant open. Consumer rights regarding bailiff conduct need changing. They should be open to serious fines, if the jump out of line. Recording your private conversations are legal. You just are not allowed to give them to a 3rd party, but you can use it as evidence regarding legal issues. I think it's what saved me in the end.
  3. Good news. The bailiff company has decided to write off their fees. Requesting the SAR's, writing the official complaint letter, as well as them knowing I recorded their [edit] by audio, must have jolted their tiny brains into dropping all their fees. The conduct of the council, still leaves a lot to be desired. Thankfully the £128 these [edit] wanted to [edit] from me, can now be spent on my family [edit]. I still want to file a Form 4 complaint against the bailiff, because this kind of behaviour seems to be the norm in this industry and should be stopped. Thank you CAG for some of the advice I have received. Without forums like this, many people like myself would be completely clueless and helpless. Mark.
  4. I'm still shell-shocked myself. There is clearly a very cosy working relationship, between the bailiffs and the local council. Worrying whether my car will be towed away for owing the bailiff £128 in fees, with the inevitability of added fees, leaves me slightly worried. What the hell are my rights? I am mega confused. As for my views on my local authority. Dont ask. I feel seriously shafted. I dont even know if the parking services manager consulted legal and is just doing this off his own back? I'm lost for words.
  5. I just received a phone call from the local authority. They confirm and acknowledge receipt of the outstanding PCN fine/debt being paid, but they are refusing to rescind the warrant because the bailiff have outstanding fees to collect, for, in their own words "SERVICES RENDERED" I stated the court warrant granted, is only to collect the debt and not to be used as a cloak for any DCA, to hide behind in order to collect their fees. I stated any dispute between myself and the DCA regarding fees is a civil matter. The poor council worker who relayed the message just said, "this is the message I'm meant to give to you, I'm sorry". I'm sure what Broxbourne is doing is illegal/unconstitutional? Another example of local government out of control perhaps? To say I'm disappointed is an understatement. Any advice will be greatly appreciated. Thanks in advance, Mark.
  6. The bailiff turned up on my doorstep (acknowledging it was his 1st visit) and proceeded to charge me £248.20p for the privileged. This was £105 for the PCN, £5 court fee, £11.20 for his phantom 1st letter , then £127 costs. Where the costs came from, I have no idea. I challenged him knowing he was only able to charge 28% of the debt + 1st letter(including VAT) He was adamant his fees were lawful, despite no car being clamped or towed away. With the knowledge we were in the process of being fleeced, we decided to pay the outstanding £110 debt, directly to the local authority, who accepted payment. I also requested a SAR's from the DCA, with a complete breakdown of costs, only to be given the same generic breakdown. I spoke to the DCA manger who continued to perpetrate the myth his bailiff fully complied with the law and was within his rights to charge what he did on his 1st visit. He continued with threats of having the right to pursue his fees, despite the debt being paid directly to the local authority. It is the alleged right of the bailiff to pursue his fees via the existing warrant, I am ignorant of and seek advice. I am in the process of paying the outstanding balance under protest and under duress, because my wife doesn't want to see the car towed/clamped with another £150+ added on top. Any help will be greatly appreciated. Thanks in advance Mark.
  7. Can a bailiff still enforce a warrant for his fees, despite me paying the creditor/local authority PCN debt, directly to the local authority? Thanks in advance, Mark.
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