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  1. Hi all, I am new to this site so please forgive me if I have posted in the wrong place. I have been fined £1200 by a magistrates court around 2 months ago. At the time I was not able to pay and was instructed by my solicitor to state that I could pay in instalments once I had an income to avoid a harsher punishment by the judge who was not in the best of moods on the day. I was advised by my solicitor and court staff to contact the collections department for fines to offer an amount I could pay monthly, every offer I ever made was refused for a payment plan but they kept t
  2. Does lending money to a friend create a legal contract..
  3. We had a second charge against our home of aapx. £24k about 10 years ago. we have been paying £30 per month since then. So the current balance will be around £20k. My family want to help me remove this charge. Can someone please give me any advice on how to best approach this. A sample letter to write to the debtor maybe asking for a discount to settle and release the charge. Thank you. GH
  4. My friends vehicle has been seized and a notice of sale has been received. I am the debtor. I have included this debt in my bankruptcy which was approved a day after the bailiffs came. The Official Receiver accepted evidence that this vehicle was not my asset. My friend has provided a receipt, a bank statement, a sworn statement and a letter from DVLA confirming the car has not been in my name since February 2017. The v5 was temporarily in my name for insurance purposes as I was borrowing the car. The owner has submitted an N244 application. I have submitt
  5. Devon County County (16 017 119) Decision date: 17th August 2017. Published on the LGO website: 17th November 2017 Vulnerability and bailiff enforcement is a subject that is of great importance and sadly, it is a subject that is very much misunderstood. The LGO have made a number of decisions regarding the 'definition' of vulnerability and the following case is another one where the LGO confirm that a 'vulnerable' debtor must provide evidence to demonstrate how their vulnerability affects their ability to deal with the debt. PS: The following is a shortened copy of the de
  6. With an unconfirmed report about an incident last week that led to a bailiff being hospitalised with serious injuries, the public need to be aware that it is a criminal offence under Paragraph 68 of Schedule 12 of the Tribunal, Courts and Enforcement Act 2007, to obstruct a bailiff/enforcement agent (link below). https://www.legislation.gov.uk/ukpga/2007/15/schedule/12/paragraph/68?view=plain Only a few days ago another person was convicted at trial in Nottingham of this offence. http://www.nottinghampost.com/news/nottingham-news/bailiff-handed-100-compensation-after-6848
  7. When the Taking Control of Goods regulations came into effect in 2014, they not only provided a much clearer and fixed fee scale, they also introduced a fairer system whereby, in order to keep bailiff fees to the barest minimum, (of just £75) the debtor is given the opportunity of avoiding a personal bailiff visit (and an enforcement fee of £235 being applied) by paying the debt (including the Compliance Fee of £75) by the date outlined on the Notice of Enforcement....or alternatively, by agreeing a payment arrangement with the enforcement company. Most payment arrangements are for a short per
  8. A man who attacked a bailiff with a pick axe handle has been jailed Martin Pritchard admitted assaulting Josef Minoli who had come to his house to collect unpaid magistrates court fines. He had received a telephone call from his stepson to inform him that the bailiff was at the property looking to collect the debt. When Pritchard arrived back at his house in Wrexham, he became abusive telling Mr Minoli to ‘get the the f*** out”. He then hit the bailiff in the midriff with the pick up handle causing him to fall to the ground. The enforcement officer had been on his phone to the poli
  9. I started an important thread earlier today concerning a recent court judgment where a debtor was ordered to pay £7,000 in costs after losing his claim against Harrow Council and their agent; Newlyn. The background and Judgment can be read by way of the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?477808-Paying-the-creditor-direct-to-avoid-paying-bailiff-fees-has-landed-a-debtor-with-a-%A37-000-cost-order.(32-Viewing)-nbsp To ensure that the original thread does not go 'off topic', discussions about the judgment can be posted here.
  10. The countries expert on bailiff law; John Kruse has written in his latest Bulletin about the important subject of bailiff fees when debtors make payment to the creditor (i.e. Magistrate Court, local authority etc). This is a subject that has been discussed often on the forum and thankfully, with the regulations now having been in place for two years, most local authorities understand that if a direct payment is received from a debtor after the account has been forwarded to the enforcement agent, that the Compliance fee of £75 needs to be deducted at source and the balance apportioned on
  11. When the enforcement regulations were overhauled in 2014, they provided a radical change whereby, a debtor could repay their debt by way of a payment arrangement (usually over a period of approx 3-4 months). Such payment arrangements need to be set up within the very strict time frame outlined on the Notice of Enforcement. This period of time is referred to as the 'Compliance stage' and as long as a payment arrangement is agreed by the date and time given on the notice, an enforcement visit will not be required, and this will save the debtor incurring an enforcement fee of £235. The ‘com
  12. In May 2015, I started a thread on this forum regarding a debtor (Mr OR) who had followed advice from the internet and had issued an injunction against a local authority after his vehicle had been clamped by a bailiff. The debtor considered that his vehicle should have been exempt as it was subject to finance. Unfortunately, his injunction failed as the Judge ruled that there could be a ‘beneficial’ interest in the vehicle. Mr OR was ordered to pay the local authorities costs of £3,200. This was in addition to his own costs (the fee for the injunction alone was £395). A link to
  13. Hi folks, i need somebody to inform me what the empty spaces are needing as ive re read this block several times and its not clear to me.
  14. The following is a short extract from a press release that featured on SCOOP yesterday regarding the trial of a debtor (Danny Williamson) who threatened bailiffs with knives and an imitation gun when they attended his property seeking payment of £1,100 for a fine relating to alleged traffic offences. From the report, it would seem that the debtor had claimed that he had not known of the debt. Bailiffs stated that they would be taking control of his vehicle. He was finally arrested at gunpoint by armed police. Judge Ian Graham handed Mr Williamson a 12 month prison sentence
  15. A few days ago I was sent a text by a resident nearby relating to a PCN issued and not challenged and that there were 2 EA's in the home. They were looking to take control of goods to pay for the debt which was made more difficult to deal with due to the severe disability of the named debtor. The background is as follows... The debtor has a Motability car and is the registered name on the V5. But, the registered keeper is unable to drive due to their condition and Motability have allowed a family member to be the named driver. This is normal practise to have a contract to allow
  16. Yesterday, a most extraordinary report was given on a social media site regarding a hearing at Luton Crown Court that concluded yesterday with both defendants being cleared of theft and false representation. The report itself (written by a McKenzie Friend) is utterly astonishing and frankly; resembles a poorly written fairy story. As regular posters on here will know, I am passionate about providing accurate information and with this in mind (and in response to the many messages that I have received since yesterday), I will give accurate facts on the background to this case (which
  17. I applied to Littlewoods Catalogue via an application form way back in the 1990's. Although I have just a small debt of £160, this is now included in an IVA. The IVA has been enforced since June 2012; I've had no contact with Littlewoods since the IVA was granted. I wish to seek under I believe a section 75 request to see if there is any actual credit agreement with the catalogue company. The debt is still listed with Littlewoods and does not appear to have been sold on. Can anyone please provide me with template letters? Thank you.
  18. "When a bailiff from one of Britain’s biggest firms of debt collectors called at gymnastics instructor Ronald Grant’s flat last November little did he realise that his life was about to be turned upside down. Within 15 minutes it descended into a hallway brawl, followed by Grant’s arrest, interrogation, and the police charging him with common assault. As a result of the incident, Grant claims his life has been wrecked and he has lost his income." More on this this story please read here http://www.theguardian.com/money/2015/aug/15/bailiff-rights-dispute-jbw-police-enforcement
  19. This morning I had a visit from a Marston EA. I was at work and my partner didn't hear the bell so the EA left a card. The cards is for the attention of my stepson (Ben) who hasn't lived with us for over 10 years but as he moves around a lot often gives are address for post etc... He has no room or property of value in the house (just a few items of clothing etc..) The card states they called today to execute a warrant of control by Hertfordshire magistrates court. The debt is for £640 I rang the mobile number on the card to explain that Ben doesn't live with us and has no prope
  20. Yet again another debtor has been found guilty under section 68.1 of the Tribunal Courts & Enforcement Act 2007 for interfering with controlled goods and also for criminal damage. Of serious concern is that this person was also represented by a McKenzie masquerading as a 'Lawyer' who has been responsible for a number of failed legal cases over the past couple of months that have resulted in debtors losing many thousands of pounds. In this particular case, the brief background is that Croydon Council issued a penalty charge notice and the debt remained unpaid and was passed to
  21. Under section 68.1 of Schedule 12 of the Tribunal Courts & Enforcement Act 2007 it is a very serious offence to obstruct a bailiff. Last week yet another debtor was found guilty of this offence but even more seriously, he was also found guilty of assaulting the bailiff (the bailiff required stitches to his nose). The debt was in relation to an unpaid penalty charge notice. Bailiffs attended the debtors property to request £422. It would seem that previous visits had also been made and on one of the visits, he had sworn at the bailiff before driving off. It was on the 4th visit
  22. "A dad who brandished a two-foot hunting knife at bailiffs who were trying to repossess his car has been jailed. Nathan Watson, 27, had already put his children in the back of the Volkswagen Golf in a bit to stop the debt collectors towing the vehicle away." For more on this story please read here http://www.lep.co.uk/news/local/dad-brandished-knife-at-bailiffs-1-7407621
  23. Over the past few months a large number of Facebook pages have been set up (mainly by Sovereign Citizen/Freeman on the Land activists). A common feature of these pages is the use of highly dubious methods of 'beating the bailiff'. The most common feature, and one that is sadly costing debtors dearly is the advice to refuse to speak or correspond with the enforcement agent and instead, to pay the amount of the actual 'debt' (Liability Order, parking penalty notice, court fine) direct to the creditor (minus bailiff fees of course). From further reading it would appear that the reason for
  24. There are so many press reports recently of debtors being arrested and in this case, found guilty and sentenced to 8 months in prison (suspended). In this case the debtor's car had been moved onto a vehicle trailer by bailiffs from JBW Group and the debtor set the car on fire. Link and word version of story below: http://www.plymouthherald.co.uk/Plymouth-man-set-car-seized-bailiffs/story-26217852-detail/story.html Desperate Bekim Recica, aged 42, set the Vauxhall Zafira ablaze as a recovery company prepared to remove it from outside his home, Plymouth Crown Court hea
  25. Six years ago (in 2009) a Freeman on the Land (FMoTL) supporter by the name of Mike Dobson (Mike:of the clan Dobson) drafted a Removal of Implied Right of Access notice which he used to ‘scare off bailiffs’. He advised on the Freeman Ireland website that the notice should be put up at the boundary of the ‘private estate’ and the ‘public access way/street’ and that if a bailiff came to the door of the house they should be politley told that they would be trespassing and that they would have just 60 seconds to leave before a call would be made to the Police. Due entirely to the internet,
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