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  1. Thanet District Council. They are not interested and my only of contacting the CEO was stopped through the ward councillor. It's now a question of complaints and not getting brushed off. I'm led to believe that the only body an EA would have to explain themselves to is a judge and that an expensive risk based on a code of conduct. The only thing that did cross my mind was that if a CGA was incorrectly used would the events surrounding it become a criminal offence? Unlikely I imagine
  2. An update from this morning. My parents Ward councillor had no interest in mediation on there behalf with the council and could not understand the circumstances with my debt their home. Phoenix contacted me saying they did not accept the affidavit or tenancy agreement as proof of ownership of the goods. The CGA still stands because the EA claims I agreed to it! The only way to take this off my folks was full payment £422 as a payment plan leaves the CGA/warrant still hanging over them. I now have to rely on Phoenix complaint s procedure as they wouldn't suspend action while it was dealt with leaving my parents vulnerable to the EA. I hope now they've been paid they take my grievance as seriously as when i hadn't. Again any advice clarifying who, how i complain to other than Phoenix and wether it should be me or father will be appreciated. Thank you everyone so far
  3. Thank you for the above posts and advice. No body cameras were worn and I approached Phoenix with regards to making payment but explained that after the incident with my parents I wasn't prepared to pay the bailiff fee until their actions had been investigated. I don't want the complaint to be brushed under the carpet. I have not been asked for an alternative address and the attitude of Phoenix is that it's not an issue as the have the CGA signed by my father regardless how they got it. I made a mistake forgetting the ticket and have no issue with the penalty only the unnecessary way the EAs went about their job. I don't like the thought others might be bullied in the same way, its against the CIVEA code of conduct and imo an abuse of power. If the EA had just acknowledged the situation, followed his code none of this would have been necessary for my parents and the payment made once I could check my finances He was made very clear that my parents are tenants with an unfurnished agreement but did not want to see any documentation , he said the car being registered there was all that mattered. Also I should say that I have gone out of my way not to escalate or aggravate the situation with anyone i've spoken too. It is nobody else's fault that the EA doing his job decided to behave as he did. This is not a witch hunt.
  4. Hi thanks for your response. I have already made clear I do not live at this address and when I tried to make an arrangement with Phoenix was told to pay in full as per the controlled goods agreement. I agree with all your points above however I'm led to believe that they are all a civil matter and no crime has been committed even with manipulation of the warrant (in my eyes) I'm again trying to deal with the council to see sense.
  5. No and they have not asked for it. I assume that would cancel the warrant so they are hanging onto the control goods agreement at the address the car is registered at.
  6. That's my understanding but when it's been ignored what can i do? The complaints process takes time and in the meantime my parents are genuinely scared. Conversation with Phoenix and the council to take my parents out of the situation have been pointless and a common sense approach ignored.
  7. Hi I hope my above post answers your questions. The good s listed are the entire contents of the house excluding essentials. They have no receipts after 50 years of marriage. The affidavit has been sent to Phoenix along with tenancy renewal agreement to prove the goods are not mine. Phoenix claim the signed agreement nullifies that even though it's clear the agreement was signed under extreme and intimidating circumstances by a third party?
  8. Thank you for responding I'll give a more details now,sorry it's a bit long winded. At 6.30am last Thursday 2 EAs from a company called Phoenix turned up at my parents house looking for me to pay a parking ticket from last year. My father who is 75 explained I don't live there and I'm their landlord. He then phoned me and passed the phone to the agent I explained the situation and said I can't make a payment immediately and that it's the first I'd heard after forgetting about the ticket. He said the car is registered at that address and that's all that mattered and he had to take full payment now or seize goods. I asked him to leave contact details and i'd sort something out once I had checked my finances, he wasn't interested and passed the to my dad who said he'd get some details. The EA then refused to accept what had been said and threatened to seize my parents goods. My Dad asked if the larger of the 2 could wait in the van as he was being intimidated but would talk to the main man, this was refused. My father tried to shut the door but the agent stuck his foot in the door and pushed it open. My mother was frightened and long story short the EAs took a controlled goods agreement and both men refused to leave until my father signed it. He was not allowed to read the warrant and the only paperwork left was the goods agreement stating they would return at 11 am for full payment or the goods. We both phoned the police and were fobbed off. I spoke to Phoenix and got a blunt response that the agreement was signed so that's it. The agents returned at 12 and my father kept the door locked they would not leave until my father called 999 and the police called the EA to mediate, the agents left claiming they would be back with a different warrant a locksmith and the police. I have had numerous calls with the council, Phoenix, debtline, county court and a meeting at my parents home with the police. I got a copy of the warrant from the council, it is a warrant of control to use procedure set out in Schedule 12 TCE for £112 plus EA fees at a total of £422. I have not refused to pay or contested the ticket. The police are unhappy but on quick inspection claim its civil but they would be interested if I could make a case. They have also written a report and will respond to a 999 call if the EAs return. I am not anti bailiff and understand a job needs to be done but find all this appalling and my father particularly is not coping very well. I have checked the CIVEA code of conduct and the warrant and believe they bent or broke a numberguide/ stipulations but as of now I can do nothing and my folks are in the middle on lock down. Apologies at the length of this I could probably give details on what's happened all day. Any advice is appreciated
  9. I would like some reliable advice on my current bailiff situation. A bailiff recently turned up at my parents home, I own the house, they are tenants, with a tenancy agreement. The bailiff refused to acknowledge this and gained entry by placing a foot in the door and pushing my elderly father aside. He then took an inventory of their belongings and bullied my father into singing the inventory. During this time I spoke to the bailiff on the phone, advised him I was unaware of the money owed, was happy to pay and did not live at that address. Bailiff refused to acknowledge this and later returned to my parents home and threatened them with the police. The bailiff did not, at anytime allow my parents to read the warrant, behaved in a threatening manner throughout and were physically intimidating. I contacted the police who advised my parents to call 999 if they returned, contacted the bailiff company and attempted to explain it was not my dwelling, nor were my goods in the premises and my parents were third party. I have also had my father make an affidavit to that affect and spoken to the council. According to the bailiff company the bailiff will return to my parents home tomorrow and again attempted to gain access despite these steps. Any advice welcome, many thanks
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