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seanamarts

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Posts posted by seanamarts

  1. Woodywhite, may I suggest that you take a look at the posts in here and see how bailiffs have acted with regards to how they carry out their duties, you wonder why people call bailiffs thugs well its pretty obvious, they use scare tactics to enter peoples homes and seem to prey on the vulnerable and most act out side their given authority. If you are one of the 'good guys' then why not speak out against the bullies, because at the end of the day they are the ones who are giving you a bad name. Not the people of this site. People only complain when an injustice has been done, Ive not read anything here from anyone who has had a good experience with a bailiff. I understand you are doing a job but if bailiffs did their job in the correct manner then they wouldnt be called bullies/thugs would they

  2. :?:

    Hi seanamarts thank you for your reply and for offering to remove link.;)

    When a person signs up to CAG they have to read the terms and conditions,one of the conditions is not to advertise a link etc etc which would lead to a gain, I understand what you are saying about Herbie's free help and i agree with you,but the fact still remains that the link in question goes against the original accepted terms whilst signing up.:)

    just to clear up any confusion links to the prints for sale have now been removed from my website:D

  3. Hi seanamarts, may i firstly say that i have also praised Herbie for the fact of helping people for free,you state that Herbie has helped you out,yes agreed but so have many others.

    secondly a site such as Herbie's would attract at least 80 calls a day to that premium number this inturn would accumulate £480 revenue per day,so it would be profitable.

    Third you state that you also have two website's that rely on donation's to keep them running,a donation is a gift of kindness and support which i for one fully support.

    However your site quite clearly states prints for sale,this in turn creates a commercial gain.

    We are all here to give FREE advice including Herbie,but advertising for a commercial gain is against the site's rules.so i'm sorry seanamarts but your link in your profile would also be against the site's rules.

    I hope this clarifies matters for you.

    setmefree

     

    firstly let me clear up matters with regards to my website. Prints on my site only went up for sale after I had put a link to my site, and i will gladly take down the link to that particular website if it causes a problem having it there, I actually infact forgot that I had even put it in here as I signed up many months ago. it seems to be a habit now when I sign up for sites to automatically place my website as I have had it for many years, and selling my pictures is not trying to sell advice. I could be wrong though

    People have a choice whether to call these numbers that herbie has on her site plus have a choice in whether they wish to download templates etc, Herbie has information at hand on her site that many have to wait for here not that I am saying this is a slow site but people who need advice instantly can read it from Herbies very easy to follow website with regards to Bailiffs. I understand what you are saying like I said I'm just putting in my two pence worth.

  4. I would just like to put my two pence worth in, Herbie has helped me no end and for free. and her site has helped me out no end. I cannot see how charging for a document for £6.00 is profitable, this is far cheaper in comparison to many other sites with down loadable documents etc, who charge £10 plus. You must remember here that websites cost money to build and to run I should know I run two and rely on donations to keep them going, plus the cost of the phone calls returned with regards to certain matters related to Herbies website. I know that Herbie helps many many people on here free of charge. I thought this site was about uniting to help people in a common cause. And all links with advice should be posted here so people have that oppertunity to choose what advice they take.

  5. We have corresponded by PM,but for those interested, this situation is why the TCE Bill CANNOT be allowed to become law.

     

    If it is allowed, bailiffs will be able to force entry, use force if need be, and invite a 3rd member onto the premises.

     

    Why the government is considering granting bailiffs with these additional powers when they are acting in this manner WITHOUT them is beyond me.

    They should be tightening laws with the bailiffs not giving them more powers. Herbie email sent by the way :)

  6. If bailiff not certificated & application pending

     

    would this be a good time to put a Pt 4 complaint on record - highlighting the police involvement.... or would it not apply as he was technically not a certificated bailiff?..... might not be the correct approach - but would bring the matter to the attention of the certificating ct / judge

     

    there is a very interesting background article on the procedure & why it should be used here

    Definately will be filling the Pt 4 and will be sending it to the courts in question with the whole background on this situation. The court in question have been made aware of this matter, just waiting to hear back :)

  7. Quick update****

    just received a letter from Drakes saying they will investigate, but it looks like a general letter, also received a letter from my local police force just confirming that someone at a higher level than a PC has taken over the investigation. Im being interviewed this friday with my local paper.

    Just found out that the bailiff has a certificate pending so he was not certified at the time of the incident, just waiting to hear when he applied.

  8. First thing I would call the agency and tell them that they have got the wrong address, and that no one by that name resides at your property, and could they please amend their records to that fact. That should be the end of it but if not make sure you get the name of the person you speak to just incase of any repercussions, mistakes happen, too often in my opinion. good luck

  9. My daughter has just left her partner, even though both are now in a relationship my daughters ex partner wants her to pay maintenance because she was the one who left the relationship, even though my daughters ex partner is very much older than her and her ex partner earns at least 3 times more than my daughter. she also wants to sue my daughter for adultery even though the ex partner has admitted to seeing some one else.

    My daughters ex partner was in a lot of debt before they got married, does she have to pay for this debt or is she responsible for the debt that was incurred before they were married. they had bought a flat together and my daughter is not making any claims to the flat. basically my daughter walked away with just a few belongings. everything that they bought together ie furnishing and such like my daughter has left with her ex partner.

    my daughter did not leave for anyone else but left because of unreasonable behavior.

    Does any one know about any of the questions asked. my daughter is frantic with worry

  10. They have not refused my offer they say they never got it.

     

    I am sending another one today recorded delivery and called the bailiff to say that i will not meet him tomorrow due to another letter to rossendales.

     

    Found a letter on a post about bailiffs and council tax.

     

    Should this be the last i hear from him??

    What if they do not accept my offer??

     

    (£35 a month on £845 debt over 24 months).

    if they do refuse then I suggest to get some legal backing or give your local CAB a call

  11. If your council refuses to help, which they often do, and the bailiff comes round dont let him in for a start, he is NOT ALLOWED to force his way past you. have a witness with you go outside to talk to him if you have to,closing your door behind you. Hand him a copy of the letter you sent, and ask him for a receipt, if he refuses you have a witness to this. Tell him its a copy of the letter that you sent with an offer of payment and you will look forward to hearing from his company with regards to this offer. Doing this you are showing that you are willing to pay. If he starts with threats of calling the police or any threatening behavior towards you ask him for his name and badge number and tell him if he dosnt leave you will be forced to call the police and report this incident to his employers and to the council that is involved. good luck

  12. Hi sorry for all your trouble - one thing the register is not always up to date and as much as Denise tries to keep it up to date the courts dont always let her know. Just phone the court where he should have renewed and speak to the person deals with Bailiff certificates.

     

    Wishing you the best of luck.

     

    Sfx

    thank you

    the police are doing that on my behalf and also the council

  13. Yes - c'mon, folks ! We are preaching to the converted here ... we need to bring this to public attention. Please add comments to this thread on the Sky News message boards (which are read by Joe Public).

     

    Let's get this thread back up there so the public can become more "aware".

     

    https://messageboards.sky.com/ThreadView.aspx?ThreadId=467&Category=Politics

     

    I tried to post but it said I used profanities:eek:.. I didnt, I didnt mention any names etc just a few words at what happened :-(

  14. Ms ***** ******

    *******

    *************

    Clacton on Sea

    Essex

    ******

    30th May 2007

     

    Telephone; EDIT =number removed

     

     

    COMPLAINT: Re; Ref; ********* (parking fine)

     

    On the 29th of May 2007, at approximately 5.30pm an employer of ‘Drakes Group’ came to my home, I believe this to be Mr *****.

    Upon answering my door Mr ***** asked me if I was ***** ******. I told him I was, he proceeded to show me his badge and tell me why he was there, stating that he was there to recover monies for an outstanding fine that was issued by a court.

    I am on the understanding that it is written in your, ‘Drakes’ code of practice, that,

    • Once contact with the defendant has been made you must produce your identity card and clearly identify yourself as an Enforcement Officer from Drakes Group working on behalf of whichever client you are representing.

    I would like to point out that not once did Mr ***** tell me he worked for ‘Drakes’, Only that he was acting on behalf of TDC, or that he showed any documentation with regards to this matter.

     

    Mr ***** continued to tell me that the warrant was for a parking fine in October 06 I told him that it must have been a mistake as I had not received any fines in October, but I had one issued in September 06’ when I first moved to the above address and which I had put forward for appeal but had not received any correspondence to that since October 06’. He asked what was I going to do about it and I told him nothing at the moment as I did not know anything about it. After I had explained the situation he seemed satisfied with what I had told him and he told me he would refer it back to Tendring district Council. I was in agreement with the decision that he made, but in passing said that I would only tell them what I had told him and that I knew nothing about it and was not going to pay for something I knew nothing about. With that he pushed open the door, pushing me backwards and told me he was going to commence seizing goods to the sum of the outstanding amount that I owed.

    Cont;

     

    Pge 2

    Ref; ******

     

    This was totally unexpected, I had not threatened him or gave him any purpose to force his way into my house, I felt very intimidated by his actions and became not only confused at what had occurred but scared of what was going to happen.

    • Polite and respectful - All debtors, defendants, court officials, staff and the general public, must be dealt with in a polite and respectful manner. Do not use any terms of endearment or colloquialisms such as "mate", "darling", "love". Sir or madam can appear patronising so when talking to debtors and defendants address them by name i.e. Mr Smith or Mrs Smith. All communication must be made in a non threatening manner. Drakes will not tolerate abusive, threatening or bullying behaviour from any of its EOs in any circumstance. There is sometimes a fine line between a firm assertive stance and an intimidating one and therefore great care must be taken to avoid assertiveness becoming intimidatory. Threats and/or an exaggeration of consequence must not be used. Do not allow yourself to be drawn into an argument with the defendant that may result in an exchange of threats or violence.

    Quoted by ‘Drakes’ code of practice.

     

    Before I continue with this complaint I would like to inform you that I am disabled and have been for many years. I suffer with neurological episodes which cause strokes resulting in limited use and weakness on my left side. The day in question (29.05.07) I had been ill in bed recovering from a, yet to be diagnosed illness which is currently being investigated by my GP, I answered the door in my dressing gown and did take some time answering as I have to walk down a flight of stairs to answer my door and do find this difficult at most times.

    Mr ***** could clearly see that I was ill, as I was very pale and my speech was slightly slurred and I was very confused and was holding the door for support. I walk with a very noticeable limp and I did tell him he had woken me and that I had been ill in bed that’s why it took so long for me to answer

    • Exemption and discretion - When dealing with the public, you must be alert to genuinely vulnerable members of the community. When the debtor is in this vulnerable category (defined elsewhere) you must exercise even greater care and discretion in the execution of the warrant. Often the court is not aware of the defendant/debtors circumstances so you must evaluate each defendant/debtor contacted and take appropriate measures to ensure that these rules are adhered to. Remember, you are looking for the debtor who "won't pay" not the debtor who genuinely "can't pay".

    Cont;

     

    Pge 3 Ref; *******

    • Exemption from execution
    • When attending premises, if any of the following situations or individuals are encountered, you are forbidden from executing the warrant and must withdraw. Certain exemptions are only considered temporary, for example, a pregnant woman is not permanently pregnant and therefore you may return after the birth. A mentally handicapped person is likely to be disabled for life and unable to understand or deal with the matter responsibly. You should therefore report on these facts.
    • Old and/or frail - Although it is much more likely that an elderly person will be frail, and become stressed or nervous, younger persons with a medical condition may also be frail. You must make a professional judgment from your first contact with the defendant/debtor whether to proceed or not. If you determine that it is acceptable to continue you must be careful not to upset or stress the defendant. You should be prepared to withdraw if the defendant/debtor shows the slightest signs of distress. You should allow for the person to be hard of hearing/partially sighted/slow to react, and be patient and sensitive.
    • NB. ‘old and frail' and ‘recently bereaved' appear in the lists of exemptions and discretion. The decision to proceed or not will depend on the circumstances as assessed by the EO at the time.
    • In all of the above cases you must advise both the court/client and the office of the situation and update the appropriate system notes.
    • Pge 4 Ref; ********
    • Frail – If the defendant/debtor appears to be frail you should contact your Area Enforcement Manager to seek advice as to how to proceed.
    • Disabled – If the defendant/debtor appears to be severely physically or mentally disabled you must contact the client/your area manager before proceeding. If, in your professional opinion, the defendant/debtor appears able to manage their own affairs, you should proceed cautiously and ensure that the defendant/debtor understands the matter and your role in the proceedings.
    • Lone female - When dealing with a lone female you should be aware of potential risk of allegations that could be made against you. Where possible, it is advisable not to enter the premises fully (if at all), but to cross the main threshold and remain in the hallway or front entrance. If no other option exists other than to enter to perform a seizure of goods then you should notify the police of the situation, your intentions and request their presence.
    • Entry to defendant/debtor's premises - Once the premises have been confirmed as the defendant/debtor's place of residence, entry may be achieved by peaceful means only. Peaceful is interpreted as by "direct or open invitation" only. You must never use force or false threats to gain entry. Entry is also forbidden if only a minor is on the premises.
    • Forced entry - Powers to enter a premises by force is available when executing a warrant issued under section 76 of the Magistrates' Court Act 1981, but only when it is reasonably necessary to do so, in order to execute the warrant. You are not authorized to use this power without first gaining approval from your line manager - and then only in accordance with Drakes protocol in respect of Domestic Violence, Crime and Victims Act.

    Quotes taken from ’Drakes’ code of practice

     

    Pge 5 Ref; *******

    I will admit that I did try and close the door but only after I had asked Mr ***** to remove his foot first. As I tried to shut the door Mr ***** immediately told me that I was assaulting him, with that I stopped and turned to go back into my flat which is approximately 6 feet away from the main front door into the building. As I have done so Mr ***** grabbed the collar of my dressing gown and pulled me backwards. I lost my footing and my left hand was smacked against a shelf or there abouts where I tried to steady myself, I screamed at him to get away and I managed to get through entrance to my flat doorway I then tried to push my door shut but Mr ***** was trying to push it open, shouting that I was assaulting him and he was going to call the police. I shouted back that he has assaulted me and that I wanted him to call them. He then stopped pushing against the door, I don’t know whether he stopped pushing because my downstairs neighbour had come out to see what was going on or that I said that he had assaulted me.

    I then went back upstairs into my flat and got dressed and waited for the police to arrive.

    I was clearly shaken and traumatized by what had happened, and I told the police that Mr ***** had assaulted me by forcing his way into my home. I also told the officer that I hadn’t been well. The officer who attended said that Mr White had made an allegation that I had assaulted him by way of not letting him into my property, and the injuries that I sustained were of those that I had received by these actions of not letting Mr ***** into my flat. I tried to explain that I had not been shown any documentation by Mr ***** with regards to any warrants etc. The officer did not seem interested in what I had to say and was more interested in telling me that Mr ***** had every right to come into my home by way of what force he felt necessary to seize goods to the amount that was outstanding. Pointing out that he could take anything he felt was suitable like my TV and my computer which I will add is my life line as I use this for things like shopping and paying bills as often I cannot get out to do these. I told the officer I wanted to press charges against Mr ***** about three or four times but the officer refused to do so, implying that I was in the wrong for not allowing Mr ***** into my home, even though I still had not seen any documentation with regards to this matter. I even offered to hand over my car as a gesture for part payment of this outstanding amount but was told that it was not worth it.

    It was left that Mr ***** was going to leave and contact the council in the morning.

     

    Cont;

     

    Pge 6 Ref; *****

    I later attended the hospital as I was in considerable pain from injuries that had occurred from Mr *****pulling me by my dressing gown collar. My hand was strapped up and a note was put on my file that I had also sustained bruising to my neck and shoulder from where Mr ***** had pulled me backwards. I was given painkillers and was asked to attend hospital the next day to have my hand/fingers x-rayed as they thought it may have been broken.

    On my return home I rang the police and told them that I wanted to press charges against Mr ***** for the assault

    I would like to know how Mr ***** came to the conclusion that my injuries were because I stopped him from getting in when the injuries were around my neck where he pulled so hard that my collar on my dressing gown had marked my neck and bruised it.

    I will be making a statement on the 2nd of June to Clacton police, and I will proceed with the assault charges against Mr ***** and expect your full co-operation on this matter.

    I phoned the council the following day to enquire about these charges etc; they informed me that they had been sent to a previous address where I had lived almost two years ago. TDC are investigating the matter of why correspondence was sent to an old address and not to my present address where they had been corresponding with me with regards to this matter

    Just to clarify this I did not genuinely know that these charges had been made and your employer, Mr *****, should have given me the benefit of the doubt. I had given him no cause what so ever for him to precede to unlawfully gaining access to my home. In my opinion, this could have been avoided.

    I would also like to make clear that I am not making this complaint to try and ‘get out of paying’ I genuinely believe that Mr ***** did not adhere to your ‘code of conduct’ and acted far beyond his given authority.

     

    Cont;

     

    Pge 7Ref; *****

    • I would like to make one final point, ‘The Bailiff cannot force entry into a domestic property. The bailiff can walk through an open door, an unlocked door, or go through an open window. Once in tthey will make a walking possessiion order (a list of all your goods/belongings). Usually once they have the list of goods they will enter into an arrangement, but this will be on their terms. If you do not keep to the arrangement the Bailiff can force entry and seize goods after default. Agreement can only be made after peaceful entry.’

    That quote was taken from a government website.

    I would like to take this opportunity to thank you for reading this letter and hopefully hear from you shortly with regards to this matter.

    A copy of this letter will be sent to my solicitor, the police, my local MP and Tendring District Council. I am sure that you will be hearing from at least three of those mentioned.

    **** up dated ****

    I have now been informed that Mr ******** ****** IS NOT a certified bailiff, his certificate ran out in January of this year. I believe that you have two other employers with the surname of ***** and neither of those has certificates either. In light of this, not only will I be seeking to have Mr ***** charged for the assault but I will be pressing charges for trespass, unlawful entry and for fraud. Also I will be seeking to take legal action against ‘Drakes Group’.

    I am sure that you are well aware that an uncertified bailiff cannot carry out court warrants with regards to parking fines.

    Ms ***** * ******

  15. Yes you can put your letters on here and other users can advise you on them before you send them .

    As you say though please omit any identifying details .. both for you and any other person ( ie the baliff )

     

     

    please be careful before acting on advice given by PM ..if it is given on open forum other users can correct any mistakes

    Thank you

    the letter of complaint is below with all names and address ommitted,

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