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    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
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    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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thanks palomino - will have a look...

 

Can anyone suggest a next step as regards a compliant about the bailiff and what to do with the recording I have?

 

Thank you...

 

Sorry, I don't know much about this area myself. Try a personal email to tomtubby who I believe is very knowledgable in this area. Include a link to this thread and ask him to have a look at it.

(To get the link to this thread go to the first post and click the permalink button. The link will pop into your browser's address bar. Just copy this link into your email.)

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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Have not done anything as of yet. I do have a form 4 complaints form but don't know whats relevant or where to start.

Was hoping for some advice.

TT - Will PM you my contact details as I believe you had my parents number as that is where we were at the weekend.

 

Thanks

 

Caz

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Hi there, I can help you with the wording for the Details of Complaint box on the Form 4 if you need me to.

 

I will also try to find out if you can use the recorded conversations with the complaint.

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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that would be great - Thank you!

 

I did tell the bailiff that I was recording our conversations, but I did this before I pressed play on the recorder! (STUPID ME!!!). I then thought about it and afterwards I called him back and said "as you are already aware - I have recorded our telephone conversations". To which he replied " Thats fine - I dont care what you do"...

 

Sounds like permission to me - what do you think?

 

Thanks again

 

Caz

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Hi, best thing to do is to play the recordings and write down how the conversation(s) went, i.e:

 

date and time

 

Your name......."what you said"

Mr XXXXX ......"what he said"

Your name......"what you replied"

etc etc

 

You can then attach the written transcripts to the complaint form and then if allowed, take the actual recordings to court with you.

 

You will also need copies of any correspondence he left at your home and ask the council to put in writing your conversation with them regarding the fees.

 

I will start to draft something for you to put in the box on the Form 4. It will be later tonight though after I get home from work.

 

It may take us a few days to get everything together but we'll get there.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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NurseCaz - Don't talk to this bailiff any more. Not only does it fail to achieve anything, but in this case he's clearly feeding off your distress.

 

The best way to deal with any bailiff is to never speak them as silence is one thing they find difficult to deal with. The other is a complete refusal to let them in your house.

 

If he arrives lock the doors, close the windows and just stand where he can see you, then silently stare at him with authority. He'll soon get the message.

 

He'll have to retreat whilst you will have satisfaction and dignity on your side. That will give you more confidence to stand up to this pathetic bully and his illegal tactics in the future.

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Nurse Caz

 

I am pleased that the Out of Time declaration that we helped you with has been safely received at TEC.

 

I also sent you a template letter to send to the bailiff company to request a breakdown of the fees and a separate letter to be sent to the local council to request "true copies of all the statutory notices" to ensure that the wording on not only the PCN but the Notice to Owner and Order for Recovery is valid. If the bailiff company have now responded by now, you need to send a further reminder.

 

Finally, please ensure that you keep a close eye on correspondence from the TEC . This because if the application is rejected, you need to act swiftly to file an N244 as the warrant will become live again and the bailiff can seize the vehicle once more. I speak with TEC every day and will know straight away if an application is either accepted or rejected but I am no longer allowed to either make or receive any message here on CAG so please do pay attention to correspondence from TEC.

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sorry TT, I am very confused as to what your message is about? You are no longer allowed to receive/send messages on CAG??? What messages? All messages or just certain messages!!!! I also didnot receive any template letter from you about fees or for the council. Just the forms for the out of time form and a letter to send to the bailiffs to inform them of what I have done.

Sorry if I sound a little dim!!!

any enlightenment appreciated!!

Caz

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and whats an N244?

 

I thought that the out of time notice suspended all action and if the appeal is rejected, the original fine would go back to the council for payment of the original fine? Can someone please help me understand these things as I am now a little worried about bailiffs again!

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Hi there, I understand your confusion - however, it's best to wait for confirmation from the TEC before considering any further actions.

 

Have you written out the telephone conversations yet? If you still intend to lodge a complaint against the bailiff you need to do that to send with the Form 4 - then we can get the form completed

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Nurse Caz.

 

In answer to your question. I am no longer allowed to either send or receive ANY messages and I am also unable to retreive any that were in my inbox.

 

It is vitally important that you know that your application to TEC for the Out of Time late statutory declaration will "freeze" any enforcement action UNTIL the application has been determind by TEC.

 

IF your application is ACCEPTED, then the Warrant is revoked. The council will then EITHER re issue you with a PCN or revert back to the Notice to Owner stage.

 

If your application is REFUSED, then the warrant becomes live again and the bailiff can....and will return. This is why it is VITALY IMPORTANT that you use this period of time to pursue the council for copies of the tickets and why it is VITAL that you also pursue the bailiff company to object to the fees that they have charged.

 

If the application is REFUSED, then you need to file an N244. There is plenty of information on here about this process.

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Can anyone point me in the direction of a good expanation of Form N244? I have had a look around and I gather that it will stop any action until a court hearing - but more than that? What is it used for?what is the process it follows? I would be a bag of nerves if I had to stand up in court for anything

But I am really worrying about this bailiff still - I just know that if the out of time notice is rejected (which I think is probable), then the bailiff is going to like a bull in a china shop:(

I dont want to have to pay this as I think the charges are unlawful - have sent a SAR today, but they are allowed up to 40 days to send back! Out of time is 19 working days and so will be over before they have to send their fees back to me!

Seriously do not want this bully back at my door.

Am sitting down this evening and typing up the conversation between me and the bailiff that I recorded - not had time up until now to do it.

Can I post it here as long as it doesnt have the bailiffs name on it?

Can do that later tonight...

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Hi there, I think it's best if you don't post the conversation on here - we are never sure who is looking at this site, and you may be identified by the info in the conversation. It wouldn't be the first time a bailiff company have produced snapshots of threads in court. This evidence is what you need for the Form 4 complaint against the bailiff, not the N244.

 

An N244 is an application to the court to have your case heard - in other words a chance to air your side of the story and get the judge to decide on what happens next. It is commonly used to ask for a payment proposal to be accepted if you cannot pay the whole amount owed. The hearing would be held in a private room with just yourself, the judge and a representative from the other side. It's not like the courts you see on the telly, it is a private hearing, and the public are not allowed in.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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ok - so its middle of the night and I have now finished typing up the conversations. I wont post on here for reasons already mentioned by Ell-enn....

But could anyone with a bit more knowledge read through them for me and see if they think I have a case!!!

I hope I do - but obviously dont have enough knowledge on the subject!

thanks

Caz

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Hi there, sorry for delay I've sent you my email addy by PM:)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If your out of time is refused you will recieve a notice of rejection and also a n244 application to have the court officers decision set aside. You must under no circumstances wait. if this comes through you must fill it in and file it by post. There is no fee and until it goes infront of a county court judge the bailiffs cannot do anything. However if you need i will supply you with a letter on the open forum. As i assume that the site team likes all correspondance to be open.

So whats cooking today ?

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  • 2 weeks later...

that would be great - thank you. Have not heard anything yet, can I phone Northampton and find out?

Also, Ell-enn; have you had a chance to read through those conversations? Have not heard anything from you - so have still not filled in the Form 4 complaint!

Still worried about the bailiff knocking!

thanks

Caz

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Hi there, sorry for the delay - I've had a few days holiday from work and didn't return till today.

 

I tried to open your email attachments on my PC at home but they were in a format I couldn't read. I thought I might be able to open them on my office PC but I still can't.

 

If you have typed up the conversations can you convert to Microsoft Word and send that way?

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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