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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Newlyn impersonating a bailiff, supported by Ealing Police, forced to pay


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Our company specialises in assisting the public with queries concerning a bailiff visit and we also get to hear of a large number of Form 4 Complaints being submitted and it is becoming very common indeed for the bailiff company to produce in evidence, copies of posts from Consumer Action Group.

 

From experience, I am aware that bailiffs, bailiff companies and local authorities view threads on CAG and Money Saving Expert daily. This is why I have ALWAYS said that it is VITAL to ensure that posters try not to put too much information in their posts that would lead the bailiff company to identify them.

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Hi, is this legal :

 

"bailiff are claiming that the certficated bailiff aka dodgy car sales director came to my property, clamped my car, then legally went to off to another site - great multi-taskers these bailiffs are - then returned to mine to collect payment as you do while the police, clamper and myself waited for him"

 

i.e. is a bailiff able to wander off while police and others wait for them?

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I'm thinking of complaining to the Office of Fair trading too - has anyone had any luck with the OFT?

 

The OFT doesn't deal with individual complaints. They collect complaints and then use them en masse to investigate the organisation you are complaining about.

 

There has been the odd thread on CAG about debt collecting agencies being reprimanded or having their Consumer Credit Licences revoked.

 

They do appear to have teeth so, yes, you should complain to them.

I've done so twice now and each time they have accepted the complaint and asked for my permission to use my complaint when they investigate the matter (with the banks in my case).

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I think reading the forums, counting the number of complaints, nearly every bailiff company should be investigated by the OFT! -in fact the industry as a whole is institutionally inhumane and solely out to defraud - it's time for change- i think a No10 petition, OFT complaint, LGO complaint, letter to MP and more. We should not have to deal with crap like this in life

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Sent an polite email to the court asking why they allowed an extension to the original 14 days based on comments the bailiff wants to quote believed to be on the CAG site. I said that as the CAG forums are a members-only forum for consumers, why on earth did the court allow a bailiff to quote CAG - I said that any information on CAG may not even be available to the sols/bailiffs and they may be breaking the t&c's of the CAG forum. Has anyone heard of a bailiff stooping so slow? Actually, the forums are full of bailiffs stooping devilishly low.

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appears the bailiff's solicitor asked for (and got) another month on top of the 14 days as they claim they need to get through large volumes of documentation on this consumer action group forum as they believed I had posted many posts and some of the claims on the site differ from my form 4 - but why a whole month - it should take 30 mins max to read the posts! i asked if i can complain about the extension as they are wasting time, they sent me another form 4...

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Just calculated that the bailiff undervalued my car by about 1200% - yes 1200% This is for the levied excessively complaint - can a bailiff only levy up to the value of the debt - i.e. should he have levied against a lawnmower instead? (NOT THAT I HAVE ONE, NOR A LAWN)

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  • 2 weeks later...

If he is selling the car to another of his companies, that would make sense.

 

I wonder how much the tax office think his other company bought it for? In fact, it might be an interesting exercise for them, to collate all property seized as a 'bailiff' with all property bought by the other companies.

 

I think it is legal for a bailiff to sell stuff privately, but all I know on the subject was learned in the last 48 hours and I don't recall where I saw that.

 

You could make an argument for selling the stuff at a high price to your other companies to reduce their tax bill, or you could sell it low, so you have to pinch more of the victims stuff.

 

I'm thinking low. Yet I'm also thinking this does not sound like an honorable guy. Honorable people don't threaten to have other people's dogs killed. I'm therefore thinking there might be a [problem] somewhere.

 

Tax office look like a good bet to me. If he'll threaten to kill a dog, he is capable of anything.

 

Interesting your guy from the council chickened out. Any chance its the dodgy handshake brigade? Police + private contractor + local council all up to No Good would suggest its a possibility.

 

I think its audit time.

Edited by felicity2009
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NEWLYN TOWED MY CAR AND THE BROKE THE CAR GLASS WITH MY GIRLFRIEND IN IT !!!!!

Read the email sent by my cousin below :

 

To whom it may concern,

 

I would like to know where or whom I should complain to about a recent visit from Newlyn Bailiffs sent by a local authority for outstanding parking fines on my cousins motor vehicle, a 2002 Toyota Celica.

 

The vehicle was apparently photographed with two wheels on the curb on two occasions, parking fines where dispatched to my cousins previous address as he had not changed the V5 DVLA vehicle registration document advising the change of address ( he has taken out a log book loan with a broker and had not finished repaying so the V5 was not in his possession to send to the DVLA to advise this change).

 

On Saturday 4th April 2009, a Bailiff vehicle with Automatic Number Plate Recognition cameras identified the Toyota as being a vehicle with outstanding parking fines.

 

The Bailiffs clamped the car around 6AM in the morning.

 

My cousin discovered the clamp around 11AM apon leaving his new address, two Bailiffs were standing by the vehicle, when asked why they had clamped the car they explained there was a Warrant Of Execution for two unpaid penalty charges, £155 for each PCN totalling £310 from Bromley Council, plus £690 Bailiffs charges, my cousin called me for help in settling this financial matter.

 

Apon my arrival my cousin advised me the Bailiffs had called a tow truck to take the car away as he could not come up with the money immediately,

 

From the Bailiffs I requested that they provide documentation showing the warrant they were executing and for them to show some identification. They took my cousin over to their van and opened a laptop computer and showed him two Warrant Of Execution documents, he requested a printout so the Bailiff went away for a period and came back with this, they also showed him their ID's.

 

I offerred to pay the £310 for the unpaid penalty charges on my credit card and this was promptly refused as they demanded £1000 or the car would be taken, I explained to them that I would not be willing to put that amount on my card and that taking the car would not be an option if they refused my offer of payment, their response was to call the Police on a pretext that there was about to be a breach of the peace. I recognized this as a intimidating tactic and suggested that they do call the Police as their charges were grossly exuberant and it appeared they were piggy backing the justice system to extort money for their own a personal gain or for others.

 

Two Police officers arrived promptly and later a tow truck, my cousins girlfriend sat in his Toyota vehicle while he ran around trying to contact the local authority to verify the unpaid penalty claims made by the two Bailiffs, as he had no previous knowledge of fines being levied against the vehicle. This took some time to get through to anyone so the Bailiffs started started knocking on his front door demanding that he come out.

 

After an hour of pleading for the Bailiff to accept my offer of £310 another Police Officer arrived (I am not sure why there was a need for three police officers as there was no raised voices or gestures being offered to the two Bailiffs). Two hours passed and a further two police officers arrived, now a total of five police officers. The Bailiffs still being unable to tow the vehicle as the young lady was still sat inside with the doors locked were no becoming angry and calling me an idiot as I was telling them their actions were unprofessional. The police officers were now fed up at being called to this dispute and getting deperate to go, telling us "the car now belong to the court as there was a Warrant of Executon", I told them respectively that they were wrong. In fact one said to my cousin, "can't you see that you have got five police officers here when that could be doing something more important", I asked the officer "why is there five of you here", he turned to me but could not provide an answer.

 

The Bailiff asked the tow truck driver for help in opening up the car door, he refused and said he was only there to tow the car and is not getting involved.

 

One of the Bailiffs (Mr Gideon Grundeling) then went to his van and came back with a car jack, he went away again and came back with a wheel brace and immediately started smashing at the drivers window, the first three blows echoed the street, the fourth blow shattered the drivers car door window showering the visibly shaken lady in shards of glass. The Bailiff entered the Toyota from the drivers side, reached over and opened the passengers door, one of the five police officers who stood by watching the Bailiffs unlawful actions approached the youg lady still sitting in the car and said she would be arrested for obstruction if she did not leave the vehicle, so she did.

 

The tow truck which had already lowered its spectacle lifts behind the wheels of the Toyota very quickly lifted the car and drove away, followed by the Bailiffs in their van and three police cars, leaving us with no notice that the car had been seized. The young lady was not cut by the flying glass luckily, but she was clearly shaken by the experience. The police who (apparently) have a duty of care to us citizens showed none, I hate to think what could have happened if the wheel brace flew out of his hand into the car.

 

I have since paid the outstanding fines directly to the local authority on behalf of my cousin, but I can't stomach paying extortion money, so unfortunately they still have the car and have since added charges for the tow truck and storage, they are now asking for £1400..........help.

 

OK SO THAT WAS THE EMAIL....

 

The car is under finance with logbook loans. Logbook loans contacted me saying that the bailiffs had been in touch with them and that they invoiced them around £300 to release the car. I told them not to get involved. So i spoke to the bailiffs like a day later and then quoted me £802.93 for the release. They still havn't said anything about the repair of my vehicle yet.

 

CAN SOMEONE PLEASE HELP!!!!

Edited by kenze
missed out some stuff
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It makes me ill how bailiffs are supported by police and just how low newlyn goes. In any vehicle hostage situation, video footage is key as the police and bailiffs will stick together. I thought that being in a car meant it could not be moved - not at all sure tho. Best to complain to police/ipcc about officers - and the fact that five turned up - did you feel intimidated? Best to complain to court that certificated the biff, form 4 I'm shocked - but i know for sure that newlyn should not be in business anymore

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The police basically added to their numbers threatening to arrest my girl for obstruction.Then the bailiff yanked out his wheel brace and broke the glass the whole street came out enraged and in protest. I wonder how comes the loans company gave me such a low figure and when i confronted them about it i'm being told tripple that.

 

I sent a formal complaint to the courts. Don't know what to do about the vehicle...leave it or pay a leg and an arm to recovery it while this bailiff continues to mess people's lives up.

Edited by kenze
typo
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your street should have kettled the police and bailiffs in - it's the acceptable way nowadays! i would copy your post and start a new topic so you have all the details in one place Fry them!!!

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Have you considered making a request under the Freedom Of Information Act, for the notes made by the police officers on the day, any emails made by officers in connection with this incident, and for copies of transcripts of any guidance made by officers in the Control Room ( if any recordings exist, which I'll bet they do).

 

They have 20 working days to reply with the info, or explain in writing why they cannot comply with your request.

 

Just a thought.

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  • 2 weeks later...

*** The director of Newlyn has been summoned to appear before the county court to explain why his certificate should not be revoked *** I believe the court have seen through Newlyn's blatant lies - they even squirmed that he was honorable as he had over 20 years bailiff experience and that I was lying. I am preparing even more evidence for the court and am considering representation by a solicitor.... Is it worth going in person to this hearing? Thank you to everyone that has helped so far, on the final legs now.... but still no guarantee that the court will revoke - unless you guys know better! Written to Harrow Council again demanding that Newlyn's contract be terminated as they are acting outside the law in Harrow's name and are lying to save their bacon. Any advice for me at this stage anyone???

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Hi,

 

I'm glad that Justice is taking course. I've made a complaint to Croydon about a newlyn bailiff too. Heads shall roll !!

 

Here's my case where they smashed the window to get my girlfriend out of the car then towed a vehicle against the law.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/195037-newlyn-smashed-up-car.html

 

Good luck...i wish i could contribute my case to that hearing .

 

Kenze

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well i know you are narked - but seldom have i seen so much misinformation and old wives tales on one thread before

 

its like watching a lynching mob

 

where to start?

 

The warrant was for a parking fine - the bailiff does NOT have to be certified to act on this warrant - he only needs to be in possesion of a copy of the warrant and his company id card

 

a policeman does not have to know the bailiff laws although it helps - his sole reason for attendence is to prevent a breach of the peace- more often but not always because the debtor is threatening the bailiff

 

introducing the dog as you put it could be construed in fact as using a dangerous weapon

 

the statement that the bailiff "ran off" with you card to his van might be true or more likely embelishment - however there is no law to say that if you gave it to him he could not go to his van to process it without you present- its up to you to insist on accompanying him with the card

 

it is not your perogative to claim for damage to someone elses property

 

the registered keeper is responsible for fines and the bailiff is fully entitled to seize the car if you are the registered keeper- its tough but the owner cannot prevent this (hire companies being excepted)

 

to claim that a vehicle is a work vehicle it would have clearly to be fitted out for work such as a plumber electrician taxi etc

 

i KNOW that you are upset but i really do feel you have gone off at half cock and some of the posters are acting like a baying crowd at a dog fight in trying to spur you on

 

sorry if my post goes against the grain of the other posters- just trying to stop you making a complete tit of yourself

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Its always good to have some well-grounded facts. If you are going to argue these kinds of things on the fly one day with opposition barristers, its easier to do when you are on firm footing. Still someone's perception is someone's perception, and sorting out someone's perception from opinion or fact is never easy.

 

I'm inclined to think he flew to the van with the credit card. But in court I would just say 'he went really quickly'. Its different styles for different venues.

 

You'd be a good person to test an argument on, to see if it is Judge Proof :/

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