Jump to content

Integrity matters

Registered Users

Change your profile picture
  • Posts

    7
  • Joined

  • Last visited

Everything posted by Integrity matters

  1. The Marston Group has acquired the infamous ROSSENDALES and infamously appears to have adopted the infamous ROSSENDALES infamous practices, if the un-ethical behaviour of the bailiff who called upon me recently is anything to go by
  2. Marston are just trying it on. If you have paid the fine even belatedly the debt is paid and Marston have failed to collect it. They have no right of entry without a warrant and it's possible that they can obtain one for a fine, but I doubt it would be granted for your partners property as it's purpose would be to seize goods. As the goods in her property are hers and they can only seize your property to clear your debt a warrant would be pointless. Tell them to sling their hook or complain of harassment. Bailiffs have been jailed before now for overstating their authority
  3. Hello Classic Car Lover - the manager eh well thats poses a most interesting scenario, for should this situation reverse I would imagine that his employer may consider his action to have brought them -ALDI - into disrepute. AFTERALL Government Ministers and Lords are subject to the same rules as mechanics and shop managers. I sincerely urge you to consider recovering that £600 for it would be on the' balance of probability' and not 'beyond a reasoable doubt'. Stretching things slightly further what of the original 'defamatious' allegation? As you know a minister was recently 'forced' to resign because of lies and your situation smacks of this!
  4. I would have thought any pursuit of the £600 damages would have to be against the person you say committed the criminal damage.(Remember the burden of proof in the County Court is different to the Criminal Court and in order to defend your claim, the respondent has to respond. (If he ignores it the case will be awarded to you.) Aldi, I doubt could, or would be held liable unless it could be proved that they instigated the attack with some sort of inducement, coercion, conspiracy, or duress which I think they would be highly unlikely to do. However if you were forthright and honest when presenting your bank statements and house details and concealed nothing as to your wealth, I would have thought any half decent solicitor should have been able to work out the threshold of your entitlement. In essence the solicitor should have realised the equity in your property as being a bar to ANY entitlement to legal aid. A complaint to the firm’s partners perhaps about being misinformed. If you get no satisfaction with that then maybe the LAW SOCIETY. (Like doctors and other professionals, Solicitors carry insurances to cover such eventualities.) I note you have contacted Aldi on many occasions asking them to pay for the damage presumably because this person is an employee? If thats the case and should it come to light that his 'colleagues''misinformed' the police as to what actually occured in order to 'assist' him then that would be Perverting the Course of Justice
  5. Hello Classic Car Lover Regrettably by pleading guilty you have 'admitted your guilt' and therefore found 'yourself guilty'. However you do not have to deal with the bailiff and they are not allowed to threaten, or intimidate you. Rossendales are notorious for flouting their 'authority' and have been exposed on numerous occasions for doing so. I would advise that you contact the Legal Aid office and offer a payment plan, or just send them affordable regular payments by Cheque, or Postal Order. I note you say you are "getting very depressed"(that comes as no surprise) and the fact you have had to have an emergency appointment with your doctor as you are so emotionally unwell. You don't give your age, or any other health status, but your current depression and emotional state ARE factors that have to be considered if for example they make you vulnerable. If you have secure place for your car keep it there - on a locked drive, or in anattached garage. Good Luck
  6. I glimpsed something earlier that referred to a liability order in a reply. It is common for liability orders to be passed to bailiffs, but these relate only to the COUNCIL TAX component of HOUSING BENEFIT. A liability order is a magistrate court agreeing that the information presented to it deems a person, or persons are liable to payment of council tax. IT IS NOT A WARRANT OF ENTRY, but just an order to pay. The bailiffs powers of entry in respect of one of these are the same as I posted earlier. One thing I forgot to mention in that post is that the Bailiff can only take items and property owned by the person/s concerned. THEY CANNOT TAKE THINGS RENTED, OR ON HIRE PURCHASE and a host of other things are also excluded like tools of a tradesman etc. How and who you pay these 'outstanding monies' to is entirely up to you. Even if the council have refused to take it's liability order, or county court judgement back they are not allowed to refuse to accept monies offered at their offices, or through other payment means. All you need is a reference number / council tax number, or your name and the address and the year/s to which the overpayment relates to. (BEWARE that bailiffs operating in different circumstances i.e. in pursuit of court fines, or on behalf of Her Majesty's Revenue and Customs have a different remit of enforcment which can involve A WARRANT OF ENTRY and then there are High Court Writs and Sheriffs)
  7. Hello Shylass Some good advice already imparted hope it is useful for your friend - Salvation Army, Royal British Legion and Soldiers Sailors Air Force Families Association (SSAFFA) these organisations will be of immense help in sorting this out. On the actual situation of the Bailiff your friend IS NOT LEGALLY required to deal with them in any context whatsoever even IF he owes this alledged overpayment. What that means is your friend does not have to communicate with them through any medium whatsoever. They only have a Levy if they gain entry to his dwelling and they can only do that through PEACEFUL and LEGAL means. They have no WARRANT of ENTRY and CANNOT get one for this matter. They are not allowed to overstate their authority with threats of the police. You do not even have to open the door and even if you did it would be illegal for them force their way past. They can only enter your property if they are invited in by an adult that adult does not have to be you, or if you leave a window open they can climb through it, or an unlocked door. They must leave immediately if the only person inside is, or appears to be under 18 years and if a child under 12 is present they cannot enter under any circumstances whatsoever. Also as mentioned by other contributors their code of conduct requires them to take into consideration the vulnerability of those they deal with, they have a duty of care as do the council. They may leave paperwork claiming walking possession and asking you to sign it and return it, but this is null and void unless they have gained PEACEFUL and LEGAL entry. They cannot levy anything by listing what you tell them you have, or by looking through the windows. (See Mrs Evans v South Ribble Council ) However your friend must do something he cannot simply ignore this so those organisations mentioned at the begining are his best option. Should he be responsible to repay this he still does not have to pay it through the Bailiff, he can pay direct to the council they will not and cannot refuse. Finally if this benefit was being paid direct to the landlord then the landlord has to pay it back either directly to the council, or via your friend. Hope this helps
×
×
  • Create New...