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About koby

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  1. If what im saying above is true maybe i should put that in my complaint?
  2. Dodge, im not saying your wrong! but how is joe blogs supposed to know about a setion 85? I cant see refrence to it on any paper work from the bailiff or council? the bailiff didnt mention it and neither did the council when i spoke to them?
  3. Dodgeball, to clarify its a connect van not a car. I will still try with the council as i feel they had the power to stop the bailiff or at least make him take the clamp off as they are responsable for the bailiff. they were given all info which they ignored and could have saved a whole lot of other trouble. I am not saying the police broke the rules, im not law trained enough to comment on that but as i said a little more research before arresting people wouldnt hurt and might lead to less arrests and wasted time and i intend on telling them my thoughts whether they use my complaint as toilet role or not i feel i need to have my say. am i right in saying no one has ever been convicted of stealing there own car and/or cutting off a clamp ?
  4. Yes Baliff advice you are correct i had a letter and then a first visit, and yes i do owe the council for a unpaid PCN. I didnt dispute the fact i had not paid and without getting to personal lets just say at times i dont deal with what life throws at me when i should (Medical reasons) But a bailiff at the doors forces the situation and i tried to deal with it, i made a offer of £50 a week but the agent wasnt happy with this and long story short he goes away empty handed. Then around a month later i come out to my work van clamped. The van is in my name no finance, it has business use only insurance, and is used for visits to multiple places a day with the tools or materials i need for that day. the van acording to auto trader and varouis other places is worth £500-£1200 pounds. the police for purpose of interview valued it at £850. to be honest at a push i might get £1000 if i sorted a few problems with it (rust on cills and like). when i found the van clamped the bailiff turned up shortly after then i stated it was excempt and he denied it. i told him he knows he's lying and he needs to get it off! after a while he comes over to me showing me the new rules to which i point out the value, he then goes to a different page on his ipad and show me a auto trader search of a van similar to mine but was a better model with all bells and trimings! and low milage. i told him that was not a fair comparsion and i got my iphone out and entered my vans real details and as i said above £500-£1200. his reply was i dont care the clamps staying. I phoned his company but they refused to speak to me and said i had to speak with him only, i asked for a supervisor or manager and i was told there was not one to talk to. I phoned the council who spoke with the bailiff firm and they were told a price of £2250 so they wouldnt help me either, I emailed proof to council of the vans price ect but they still didnt want to know. I phoned the police as the clamp should not be on the van due to it being excempt, but they view it as a civil mater but gave me a ref number for the call. The bailiff council and police were all told the following day that I would take it off it it wasnt removed by the bailiff. so I took it off. This isnt about getting rich from this! For me now that I have been released without charge and i have police on tape saying i didnt break any laws and the clamp should never have been put on etc, i want the council to admit they should have done more than just take a bailiffs word for it, i want the bailiff to explain why he kept the clamp on even though i had proved its value, and i would like the police to stop taking baliffs word for it, and at least look into things before arresting people! Im no saint as i said before there is a bill to be paid, but im no push over either and i dont think baliffs who dont follow there set of rules should not be held acountable
  5. i did want advice! yes i have had the whole matter else where, and yes they did sugest a few things i could do but im no expert on this and have read for hours on where to go from here. i have posted on 3 other sites with the same original question of how to complain to get as much information as i can before i chose to procede. i didnt want to get into the whole debate of was i right i just wanted advice on the basis i was. im no man of law as im sure you can see from above but i cant see how its fair to be arrested and released as there was no crime commited according to the police. and surley if a bailiff puts a clamp on where he shouldnt of done he must be outside the law somwhere? even if it where for wasting police time as they decided there was no crime commited. again people i was looking for info on the basis that i was right and the police said i had the right to remove it (even if you belive i dont)
  6. I made a complaint to the police that the bailiff was interfering with my goods without cause (tort) as it was exempt. I made a complaint to the police that the bailiff was charging for using the clamp knowing he shouldn't have ( fraud) Surprise surprise they don't want to know and I surpose you don't think these are crimes either do you as I'm not a bailiff making the allegations !
  7. i did raise that point at the station but the police adviced me to complain and take the civil route as if i wanted him charged it would not be in the public interest. but taking someone to court for damage to a £12 padlock is ? there is a culture of helping bailiffs out there! my opinion. i believe the police know that laws are broken by bailiffs all the time but unless there breaking peoples legs they dont ever seem to get charged???? but if you look around you see loads of people cutting off clamps being arrested for pennys of damage and lots of them if not all not even making it to a court room!! with cases dropped. so why keep charging people if there not getting convicted? and more the point why are bailiffs not charged more often?
  8. Total rubish !!!! i was released without charge as there was no crime to answer! the officer said his goods were not in control as he hadnt followed the correct course of action! FACT. this sort of rubbish is why i asked for info on how to complain and didnt want to tell the story. as soon as i posted all everyone wanted to do was find out the story and talk rubish which had nothing to do with what i asked
  9. i took it off without causing damage to it, then droped it at the police station as lost property with a note with the bailiffs name.
  10. Yes I removed the clamp after giving the bailiff his company and council and police notice of over 24 hours of what I was going to do
  11. I phoned the people who employ the bailiff at the time and they didn't want to know and told me a supervisor was not available. Do I still need to write to them as well ? And the council was aware before and during and after but didn't help. I have made a official complaint which they should have replied to by now but they haven't. (10 working days)
  12. i would rather keep the details of the action to myself at this moment in time. but the agent was wrong in his actions which led to a clamp being removed myself being arrested, but then released without charge and advised to take civil action against him as its a civil mater not criminal. he tried to bend the rules and got caught out! so im looking for advice on how to procede legaly and in a correct order? who to speak to ?
  13. Hi all, I have had a recent run in with a bailiff and im posertive he hasnt followed the correct rules for taking control of goods, im not wanting to debate whether im right or not! i would just like to know the correct way of complaing about it. the complaint would be at the bailiff and possible his company as they were aware of his actions? thank you.
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