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Everything posted by danboy381

  1. Just write honestly about how you find yourself in the position you are in. (The forms are written in such a way to catch those people who are cheating the system, i,e the Ferrari you purchased last year and have hidden in the garage, but want to keep quiet about!) Remember, no one will read the documents and judge you, they merely need to get a picture of how it all went wrong for you. Most of all, don't ever pay any more than the courts fee of £510.00. There are many people out there claiming they will help you for a grand or so, but honestly, you dont need them. Its a really simple process. Heres what happened with my other half when going BR:- Phoned local court explain want to petition for your own bankruptcy. They sent out docs in post, (that you are filling in online) and may also at the same time give you a hearing date. Complete docs, and take them to court with you on hearing date. Pay court clerk £510 (cash only acceptable) Go through the paperwork with clerk that you have already filled in. She checks it all has been completed, and if not tells you anything thats missing. Court clerk sees judge to see if he wants to see you. Chances are he wont but dont worry if he does, as it will only be a brief chat and he will wish you well in any event. 10 minutes later she gives you a certficate stamped by the court to say you are BR. Thats it. A few days or a week or so later the Official Receiver will contact you and chances are he will want to talk on the phone to find out your situation, or he may want to see you face to face. He deals with any issues from here on.
  2. yes, the last letter she got was basically saying: We are notified of your BR, now we will contact you shortly to make arrangements to collect the vehicle. From the 23rd December 2009, you no longer have our permission to drive the vehicle. also, for the last 2 months, they have sent simple 'invoices' stating the monthly amount due I am on their system as being able to discuss the account so that shouldn't be a problem, and I or someone else can settle for her, but not this month!
  3. But would we get notification first of the order being obtained? or would the finance co have to issue a court claim first?
  4. Yes, indeed pre paid marstercards are excellent. They had them in the states for many years, going back about 15 yrs ago, and its good that the Uk have finally caught on. Maybe we wouldn't have the massive consumer debt the uk has if these cards came along sooner. BTW, if anyone is requiring a Business account, Natwest offer the 'Foundation Account'. You have to be discharged from bankruptcy, but they offer cheque book, debit card, online banking, DD's, Standing Orders etc etc. But NO Overdraft initially. But then you dont want to go down that road if youv'e just come out of bankruptcy do you?! db
  5. thanks guys. Before I call them on her behalf Iam wondering if they will be desparate to collect the vehicle or if they would prefer to take the cash! But, as you say Ell-en they need a court order, obviously we would have to receive a copy of that first yes? not just some company arriving to collect it waving a court order? The original agreement was 18k, with the 2,300 left on it. thx db
  6. Hello everyone, Quick bit of help required if poss: Other half had to go BR in Nov 09. She has a vehicle from bmw finance with £2,300 left on the agreement. The O.R has said they aren't interested in it. She 4 months in arrears on the agreement. Does anyone know if the finance co. would do deals, i.e could a friend buy it and pay bmw the balance direct? or would they be able to do this over say 3 months? Any help really appreciated, as if left then i imagine BMW will just collect it at some point, and auction it, which we want to avoid if poss. thx
  7. Folks, I have examined many high court writs, from several different companies. Not ONE had actually adhered to the Regs, and listed out fees in an understandable, clear, concise fashion. Every hceo I have looked at relies on Rule 12 to bump up the fees. Fact. Also fact that they will never ever give a straight answer, as they are clinging desparatly onto a career that produces easy cash, and of course everyone wants to stay on the gravytrain. Fact.
  8. Hi Ncf, I can give you monetry details of 3 independant cases from investigations: judgement debt £532 judgement costs £160 execution costs £101.75 sherriffs fees £395.18 + vat (i have looked at about 10 different SHCE cases and the sheriffs fee seems entirely made up and has no relevance to the debt to be collected) card surcharge paying by debit or credit card always seems to be 5.00 Porterage £125.00 Other £320.00 Total paid £2376.00 Case 2 judgement debt £669.00 judgement costs £69.20 execution £50.00 sheriffs fee £399.60 Total paid £1765.08 case 3 (no full details) judgement debt £1003 costs £65.00 paid £900 first visit second visit paid £1804 inc card fee £85.00 The above cases are also known as a licence to print money.
  9. Just one question HCE, how many debtors do you currently visit in say a Mon-Fri - i,e new debtors, not repeats db
  10. I have an alternative: currently alot of debts being enforced are those that are congestion charge fines, council tax, tv licence fines etc etc. These are ridiculous charges/fines etc that neednt be there in the first place. The list is endless and this is because of the current government, who will, if they havent already done so, bring this country to its knees, with its cack arsed, unfair council tax system, the fact that If i honestly forget to pay my london con charge, i get hit by a 60 quid+ fine - all these things are totally avoidable in the way that they serve no purpose apart from one big job and money creation scheme. With regards to company/business debt, alot of this is down to greed by the supplier. I learnt my lesson not extending too much credit, so its now a case of buy goods 1 week, and get credit. Next week you want some more goods from me, pay me for the last lot. However, I agree that its difficult to run business like that, and not get 'sucked in', and before you know it the debtor has disappeared, but the more business savvy you become, the easier it gets. I can say that I run several companies. We have goods arriving all the time, and when I look at some of the invoices attached to these goods, sometimes theres no company name on them, just a name of the guy that ordered them. Of course, if the supplier wanted to chase a debt, he legally has nowhere to go, apart from rely on trust that payment will be made. Sloppy invoice/account management is I would say a big problem for Medium/large companies Of course, as a supplier, you dont give credit in the first place!
  11. thats just it..... 'probably could' but 'probably wouldnt' get anywhere apart from through lots of ink and paper. no point in complaining about things that will never change. Just gotta play the system i'm afraid
  12. Ninetendo, I know several civil servants that have their fingers in lots of private company goings on and yes they win contracts for these firms, and yes they get rewarded with ££££ I have proof, no problem, but NO ONE can really do anything about it, because the UK state is corrupt to the very core. The only thing I am bothered about on this forum is bailiffs ripping people off.
  13. Village green - big set of old wooden stocks and rotten fruit? sorry, but someone above wanted a bit of humour
  14. Thanks Nintendo, its just on the Police letter i posted on the other thread, they advise otherwise db
  15. We all on the campaign trail manonabike.... Stick around and you'll see whats happening... If you want to borrow a soapbox, i have loads in my shed db
  16. blimey PT, when I yank the 'ol handbrake on I just do big donuts, these cost tyres not lives. Why the hell wasnt the prisoner cuffed?
  17. Can a bailiffs 'Porterage Fee' - include the cost incurred of transporting himself to and from the debtors address? thx DB
  18. The bailiff is lying. If the car is on HP, on only the lender could authorise removal and sale at auction. I dont think this will happen.
  19. yep, can't believe you did this twonames, but have respect for your post until proved otherwise .... what restraint did you use though, because I wouldnt willingly get in to anyones car unless it had the words POLICE on the side with a blue light on top. Just imagine for a minute, there would be a big physical struggle, and with both our backgrounds maybe we would both be a little bruised and messed up to say the least. I would also be concerned that you would not have the ability/training/jurisdiction to look after the prisoners welfare on the way to the nick I know this is what happens on BOUNTY HUNTERS on SKY 1 but cant believe it happens in the UK until as i say iam proved wrong. DB
  20. correct two names they have to have an arrest warrant issued by the court - interesting to note tho that over the years i have only ever known Police officers to attend and arrest the defendant. If a bailiff arrests the defendant - how do they get him/her to the nick? back of the transit van? oh yes sorry of course they do. two names I wasnt disrespecting your post it was someone else's
  21. Lol - so now all bailiffs are Bounty Hunters !! i've heard it all now - last one to leave this site turn the server off pls. thx
  22. '''''''''''''''''''''''''''' dont know sillygirl, but feel free to borrow one above. thx for starting the post WD, about all i have come up so far is nintendos letter pasted below. Most of it makes sense really doesn't it. Thank you for your letter of [DATE] received by me today. I regret my complaint remains unresolved on the following points you made in your letter. This is because your letter says the police is satisfied no criminal offence has been committed. There are four counts of fraud by false representation and all are well within the remit of Sections 1 to 5 of the Fraud Act 2006 and supported by a ruling Attorney General for England and Wales in the House of Lords on 20 April 2007. It is not for a police officer to rebuke an Act of Parliament in this way. You mentioned Porterage, this I understand is transporting a debtors goods from one location to another and the bailiff compensated himself using the reasonable Costs clause in the legislation. Unfortunately the bailiff did not transport any goods, and by dishonestly charging a fee for work not done commits an offence of fraud by false representation. You interpret the bailiff can charge whatever see they see appropriate, however the legislation only provides for reasonable costs, this means the bailiff needs to show an actual disbursement and does not provide for bailiffs to make a gain for himself of another. Judge Avent presiding over Culligan v s Marston Group said a bailiff who fails to give a breakdown of his fees cannot show it is reasonable costs. Since no goods were moved and no actual disbursements made, but if the bailiff charges a fee under the pretence it is reasonable costs commits an offence of fraud by false representation. The bailiff was collecting from my company, and sought to obtain money from me personally and is pretending my personal property is property of the company, and intended to convert that property to his own use, for another. Again, this is fraud by false representation and may also be an offence under the 1968 Theft Act. You indicated bailiffs have no ceiling for their fees they can charge to a debtor, this suggest the police accept a bailiff can demand unlimited money, and this negates the very purpose of having a police force – crime prevention. If this is the police interpretation of the law then anyone can purchase a debt, transfer it up and charge fees carte-blanche and defraud the public routinely and systematically by pretending their fees are reasonable costs knowing the police will tolerate bailiff crime. I therefore ask this complaint is logged as being unresolved. I now request the crime is properly investigated. There is no reason why the police should looki for reasons to pretend no crime exists. If the p;olice is still unable or unwilling to investigate the crime, please let me know with the reasons, and I will escalate the complaint to one of Perverting the Course of Justice with the Independent Police Complaints Commission. Only if the police work together with the community can we end the pandemic of bailiff fraud. Yours Truly, thanks Nintendo - i'm looking a doing a variation of the above. DB
  23. If you're out there Happy C, like to here your view on the letter on page 1 of the thread. thx
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