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Andy01424

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  1. Update..... Sent CCA request on 14th feb got nothing back so far [got proof of postage], Mediation never heard from them, Received letter saying Case will be heard at local Court, but will be struck unless Court Fee is paid by 19th of March, which i find weird thought that to start ball rolling ,they would have had to pay the fee upfront before any Court got involved
  2. oh yes nearly forgot Friday had letter offering a Tomlin Order,now used for lining cat tray
  3. Sorry for Late reply Dx yes i have, also sent last week to the Courts Argos statements, showing continued added Charge plus proof still paying , one thing did notice was name Lowells Portfolio 1, letters i had from them 4 yrs ago did not have the number 1,just Lowell Portfolio.... What i did find interesting though, was Fredrickson also sent me letters etc, yet found out today they are part of Lowell group, so wonder how many times it has been past and bumped up between them
  4. Well thanks DX, whilst i dont dispute the debt , it was basics of it, as for block text try doing it on a mobile like that was ,now on laptop! Lowell warned for not completeing mediation forms on time,Judge gave them extra 7 days,with threat of striking claim out Advice looking for should Lowells be calling while waiting for mediation hearing date is answer i am looking for, looked on net could not find answer, hence why post
  5. Ok first of hi to CAG again,been looking and passing site on to theres with problems for advice,anyway new problem ,well advice really..... Back in 2012 had a argos card, everything fine until one month forgot to make a payment, hounded by relentless calls but continued paying until noticed that the £12 charged levied for the miss payment [which i do not dispute my fault] a new one was being added for the next 2 months, along with 4 calls a day, i called them told them to stop the calls as was still paying above the min amount, to be told until i made a dual payment then they could continue to charge, when next bill arrived i refused to pay, 5 yrs later being sent to every DCA even Lowell Portfolio, Lowell Solicitors now decided Court action, amazing during those yrs ask to be taken to Court Numerous times to settle this. last yr out of the blue letter from Argos saying £36 put on account was wrong and debt re adjusted, just before Christmas suprise ? Lowell take Court action filled all the forms sent to the Court explaining etc etc, in end opted for mediation, i owed originally £168, in hindsight should have just paid that and told em to run for the charges, when they finally passed the debt it stood at £232, now stands at £475! which i dispute. and will happily pay the £168 i owed Argos fault not mine. thats the story now while i await the Mediation date Lowells keep calling, A should i speak to them or should be or B no till mediation date, Lowell already been warned and got 7 day extension by Judge for not filling and sending forms in with threat of defualting judgement against them
  6. 2yrs ago my x partner had a problem with them say that she owed £3k as an overpayment,what i will say is watch what you get on appeal with evidence !! it ended up costing us a small amount which i think they should repay for getting replacement Divorce papers i mean who keeps them after 25yrs! anyway there basis was house i was there and i owned a house which i had a £65k mortgage on that basic but not implying i was living in and renting to her, basic the do a credit check and low and behold who ever owns that property you may be renting shows the purchase price,it took getting a copy from the land registry and print off of the credit check to prove i didnt own it,in the end on Appeal 3 days before due to attend the dropped it,letters saying you owe £0 to my ex yay...so read carefully there so called evidence...now the good bit 2 weeks later she suddenly owes £690!!!! so off to Appeal this goes to this is now being now chased by Rossendales! oh goody i had fun with them[ as Marstons now own them].........would seriously love to have this lot in Court,espeically as using me and supposedly having a £65k mortgage as evidence,but alas as i suspect its in House and not on a judgement in a Court
  7. hi all thought best keep you all updated, have seen the solictor, he was not to impressed, also is not happy that the ploice or CPS have not sent the photos or the tape recording of interview and seem to be stalling, also he will know at a later date theres a possibilty that the case is being pushed back as in his words"not serious enough" lol ,fun thing about all this 3 days later Marstons got sons correct address and wrote to him [they didnt get address from me] incident happened on Friday he got letter Tuesday morning. well events turned out to day had a call he has baliffs attending, so went round there surprise 4 police officers as well as baliffs, so guessing they actually looked at his background, well that turned out eventful, after he calmed down i spoke to him and said basic let them in they have a warrant for entry [these were Court Baliffs] s ave the hassle of lock smiths etc, well after he calmed down he talked to one of the officers and agreed, well the baliffs went in , walked round and walked straight back out and told him it would be going back to Court as insufficent goods to levy.. ..also talking to Solicitor were going for charges against the Martson Baliff for assault, dependant on out come of case of course i would imagine, i have passed this site onto a lot of people who i have met not just for baliff troubles, its a great site for information and help,also my solicitor wanted it to lol once again great site and great people who have taken time to help others freely with advice:whoo:
  8. right click white speaker icon ,select playback ,select speakers a s default,then maybe if it applies go to properties on speakers dolby tab if theres a check box check it and apply
  9. update case goes to trial 7th feb 2013 will update then ,but since finding this site i appreciate everyones input and have recommended it for advice to others,even for matters not regarding Baliffs...top site:wink:
  10. helped me understand bit more ,plus till posted that could not post links til 30+ posts:jaw:
  11. will also add this may help people undertandings of Certain Types Baliffs they may not or may be involved with
  12. Now as having a nose on Baliff laws and came across this site now as i cannot add links yet,will paste it in ,what came across as strange ,was this bit now it may only apply to fines: so any input from the good guys here lol will be interesting "Astonishingly, the majority of people who have contacted us over the years have never been shown a Certificate; instead they are shown a simple Identity Card. This does not give him authority to levy on goods. " heres the rest : ALL ABOUT BAILIFFS. Bailiffs have been around for over a thousand years and "distress" (the procedure for bailiffs to seize goods) was so commonplace in the 13th Century ,that the Magna Carta of 1215 gave the English Barons the right to distress even against the King !! Bailiffs are often described as debt collectors but this is not quite accurate. The crucial difference is that debt collectors cannot take people's goods and sell them to pay what's owed. With rare exceptions, bailiffs enforce court orders and warrants issued by Government departments. These are mostly to do with the recovery of debt but bailiffs also can evict and arrest people. TYPES OF BAILIFF LAW Lord Denning in 1982 described distress as an “archaic remedy which has largely fallen into disuse”. In 1986 the Law Commission examined distress describing it as “difficult and distasteful” and further “riddled with intricacy and inadequacy” If these comments were not serious enough, he concluded by saying that “with its many uncertainties, anomalies and archaisms, its useful life is now spent and simply cannot be resuscitated”. Sir Jack Jacob remarked also that “it’s very existence as legal remedy besmirches the very fabric of English Civil Justice”. They recommended that it be abolished, this of course did not happen, but in 1988 certain changes were made with the Distress for Rent Act (1988) being introduced. This had the effect of bringing desperately needed improvements to the system of Certification of Bailiffs and at the same time introducing standard legal forms. Although this new act was welcomed, it nonetheless, was seen as simply inadequate in comparison to the severe criticisms by the Law Commission some 2 years earlier. By February 1991, the Law Commission published a further report to Parliament with the recommendation that abolition was still the desired solution…they even included a draft bill for this very purpose. Nothing further was done on this until July 1995 when the Lord Chancellor announced his intention to make changes. By 1998 bailiffs law had become hopelessly complex, archaic and confusing, not at all surprising being that it was a mixture of common law, statute and case law, much of it dating back to the medieval times. This had the effect of creating a great deal of confusion not just to the debtor and legal profession, but to bailiffs themselves!! For this reason, the industry itself welcomed the Lord Chancellors Department announcement in 1998 that there was to be an independent review of bailiff law. This resulted in a Green Paper being published in July 2001 which contained most of the recommendations contained in Professor Jack Beatson’s paper an “Independent Review of Bailiff Law”. Although this paper was generally well received by most, including the enforcement profession, its intention was to produce a “Single Piece of Legislation” that would provide fairness to all concerned. In 2002, the “ National Standards for Enforcement Agents” was introduced which set a minimum standard which all bailiffs are expected to comply, but there was a disappointing elements to this in that it did not include a complaints or appeals procedure and was merely a voluntary code. After much consultation, a White Paper was published in March 2003: this proposed to radically reform bailiff’s law, with its intention being to consolidate legislation into just one single code together with having one licensing body. Finally, on 25th July 2006, the government published The Draft Tribunals, Courts and Enforcement Bill, which includes a single procedure for taking control of goods and this bill was put into the Queen’s Speech in November 2006, and is currently being debated in the House of Lords. Our company have heard reports that some bailiffs have stated that this Bill is now legal…..that is not the case. As soon as we receive any further news on this Bill, we will feature it on our News section on the front page of this site. Facts about a Certificated Bailiff. To collect the following debts, by law the bailiff has to be what is called a Certificated Bailiff : • Council Tax, • Business Rates (NNDR) • Parking Charge Notices (PCN’s) • Congestion Charging, • Child Support Agency • Inland Revenue • Customs & Excise (VAT) • Magistrate Court Fines ( See note) Note: Please read our section on Magistrates Court for further information. There is a process that must be undertaken for a bailiff to gain a Certificate. At the end of this page there is a link to the Courts ruling on the process of Certification, but put simply this would involve the following: The bailiff, will need to apply to an issuing court for an Application Form to be completed. The form requires that he disclose his personal details, provides a recent county court judgment search, a criminal records search and he must provide 2 references…one of which should be from the company where he will be working. He will need to provide proof that he has advertised his intention to apply to the relevant court for a Bailiff’s Certificate in the Public Notices section of a local newspaper. This is so that any member of the public may object to the application if they consider that he is not suitable to be a bailiff. He must lodge in court a “Bailiff Bond”, with a value of £10,000. In nearly all cases, this is an insurance scheme offered by 2 insurance companies, mainly Zurich Insurance etc. At the hearing, the bailiff will need to demonstrate to the Judge that he has sufficient knowledge of bailiff’s law to enable him to act. Once he is satisfied, the Judge will issue a Certificate. It is important to note that the Judge will personally sign the certificate. It will also be stamped with the court’s official seal. The certificate will resemble an ID card, with the obvious exception that it is personally signed by the Judge and has the court seal. The Bailiff’s Certificate last for just 2 years. If the bailiff changes employers or his personal details change during the 2 year period, he must surrender his certificate and a new one will be provided to him with the necessary changes made. There is no fee for this. Astonishingly, the majority of people who have contacted us over the years have never been shown a Certificate; instead they are shown a simple Identity Card. This does not give him authority to levy on goods. By clicking below you will see the relevant Statutory Instrument relating to an application to become a Certificated Bailiff: http://www.dca.gov.uk/consult/distress/annb.pdf THE DIFFERENT TYPES OF BAILIFFS. There are three main types of bailiff and an officer of the Supreme Court called the Tipstaff. As the Tipstaff does very specialist High Court enforcement, we do not need to consider him further. Private Bailiffs (Certificated Bailiffs Certificated bailiffs are granted a certificate by a County Court Judge which allows them to Levy Distress. The certificate lasts for just two years and authorises the bailiff to levy distress anywhere in England and Wales. To obtain a certificate, the applicant must satisfy the Judge that he is a “fit and proper person” to hold a certificate, and that he has a sufficient knowledge of the law of distress, and also that he is not in the business of buying debts. They must also provide two references, undergo a criminal records check, a County Court Judgment check and finally, provide a security bond of £10,000. This final requirement normally being an insurance bond. They are not officers of the court and are not employed by the court. However, they are seen as representatives of the court because they act under the authority of a Certificate issued by the court. The court therefore exercises, under the certification process, a certain amount of control over the standards of competence and conduct of these bailiffs. Other than that, there is no formal regulatory structure of Certificated Bailiffs, although those that are members of the Certificated Bailiffs Association are subject to the complaints procedure of that body. Only Certificated Bailiffs can carry out distress for rent, council tax, non-domestic rates and parking fines, child support agency arrears etc. County Court Bailiffs County Court Bailiffs are civil servants employed by the County Courts where they are based and they enforce county court orders and the orders made at tribunals that have been transferred to the county court for enforcement. County Court Bailiffs are managed by senior staff at the County Court but also responsible to the District Judge for their actions. (see section 123 of the Courts Act 1984) High Court Enforcement Officer( formerly sheriff's officers) There are approx: 70 high court enforcement officers. They are private sector bailiffs appointed to enforce High Court orders and any county court order that the creditor transfers to the High Court for enforcement. The rules governing their appointment are set out in the County Courts Act 2003 and the rules made under it. High Court Enforcement Officers can ask anyone to act as their bailiff. Fines Offficers and Civilian Enforcement Officers (CEO's) These are employed by the Magistrates Court under the provision of Section 92 of the Access to Justice Act 1999 and the Magistrates Courts (Civilian Enforcement Officers) Rules 1990 and the Courts Act 2003. These "bailiffs" are able to execute a range of warrants including distress warrants and warrants of arrest, and commitment for non-payment of fines and other sums a court had ordered to be paid. In addition, they can also enforce warrants of arrest for breaches of community sentences. For further details on the powers that are available to them, you will need to refer to our section entitled: Magistrate Court on the front page where we have provided further information. Note: There a few other people who have the same sort of powers as bailiffs and can seize a person's goods. For example, a Collector of Taxes has a right under Section 61 of the Taxes Management Act 1970 to levy distress for both unpaid Income Tax and National Insurance. These are civil servants and are subject to the same recruitment and monitoring standards as all civil servants including county court bailiffs.
  13. Even i as a cab driver every 3 yrs have to apply and pay a lovely sum of £45 to have a Enhanced disclosure done,as my job is classfied as handling monies and work with Vulnerable People Children included,it took me nearly a Court Case as after passing test twice i was again refused due to the fact 10yr periously i had been done for Driving whilst disqualified and recieved 6 months in prison,even though reason i drove and argued was fact i had been given a copy of the Court register and some how clerk had put dates in wrong boxes and it showed i could drive again so waited 2 weeks applied for licence and started driving,after all the hassle of being stopped arrested etc even the Police had 4 diff dates,so judge in mag said it wasnt enough way i went......now if it had not been for the last Part in the Rehabilitation of Offenders act the Council could not Stop me from having it[helped Mayor was a Lawyer,he even joked i should take law up]........ point is if it is spent and depending on WHAT the Crime is,then it cannot be used as reason not to give you the job[job dependant] but if it was a case for Assault -Murder- Sex Crimes -Fraud-Robbery then i think it would definetly be a no no on issue of a Certificated,but then again on Fraud and Robbery if you say done this when you were 16- 20 and you are now in late 40+ and have had a clean record then application may well be approved,the fun part is when i was inside i applied to become a Prison Officer!!! i was not turned down ,just told to wait a yr and re-apply as my offence did not bar me from apply or getting the job
  14. if he is unemployed, is he recieving any form of benefit?as long as he has no other deductions on his benefit,then the Council can ask for the deductions from it under the liability order it hink it £5.95 pw not 100% sure,as for his state of mind he sounds very much in a breakdown mode,get him to his Dr's,been there not pleasant,even with way everything feels try telling him to look in a mirror and start smiling ,when things go tits up for me,and things get bad,ask your self are they really that bad,theres people across that water that have it a lot worse and no hope,my problems dont seem that bad..helped me a lot my mother passed 2 yr ago like many its learning to deal with it ,it takes time no quick fix
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