Man has heart attack after Baliff takes him to cash machine

[Surfer01]

Surely the magistrate that issued the order should also be held to account as it seems the court was made aware of the person's problem and that they had been hospitlised.

[GlenW]

I'm eagerly awaiting the next edition of Private Eye, I bet some of the quotes from this thread will be used in their 'From The Message Boards' feature.

 

I've already read posts that could be from Family_Man or Emily.

[patrickq1]

Er, a member of an MP's family, otherwise quite a few

bang on chriss

we campaigned for almost twenty years for a roundabout on one of our major cross roads....MPs daughter was killed on it six weeks later the round about was built

just goes to show huh

patrickq1

[patrickq1]

Perhaps a copy of that ruling & judges comments should be sent to Jack Straw

straw does'nt give a #### and as for investigation he has only blurted out the comments to look good and get some publicity that he is working for the people , he knows he is on his way out and needs votes

nothing will happen they will close ranks and that will be it END OF

patrickq1

[chris600uk]

That's what I think too.

 

I believe the only thing that will change this bad law, is if people complain to the MP's and the party headquarters in sufficient numbers for the statisticians to see it as a significant issue.

 

I've seen collection figures when councils do a Bailiff Review, they're on the internet for some of them and they show (just as tomtubby said) that only about 1% of council tax is not collected each year.

 

Now I think we're all grown up enough to know that if any council really wants to, it can find a million quid out of a budget of 80 - 90 million for fact finding in nice sunny locations, and redecorating the town hall, or the mayors house, on top of the money they get from central government, or twinning with some village thousands of miles away where they wouldn't know how to pronounce Accrington in the Borough of Hyndburn, the bailiffs probably work for either the taliban or the serbian mafia, and they couldn't care less anyway.

 

1% isn't much for all the misery that's caused for vulnerable people and folk who've fallen on hard times through no fault or rashness of their own.

They've created an industry that actually takes money that should be paying the 1% arrears off, and instead lines the pockets of Equita, JBW, Marstons, Newlyns..........................and so on.

 

 

I love a good rant!

Edited January 18, 2009 by chris600uk
grammar

[Surfer01]

Have you laready forgotten the millions that councils lost in Icelandic banks. The mind boggles.

[JonCris]

It was MARSTONS Does no one read my posts:(

[noomill060]

A few years ago I got a DVLA penalty charge of £80 for neglecting to declare a car SORN.

 

A few weeks later I got a visit from four policemen who took me to the nearest cashpoint in their marked car. I didnt even get a receipt.

 

I was suprised at this to say the least, but accepted it for some reason, dont know why.

 

Im now going to FoI the police and get to the bottom of it.

 

The cops didnt actually arrest me, but they appeared to be acting as DVLA debt collectors rather than policemen.

[ODC]

Noomill If I were you I would be making a formal complaint about this. Complain to the Police Ombudsman and your MP. This is disgraceful

[lamb to the slaughter]

A few years ago I got a DVLA penalty charge of £80 for neglecting to declare a car SORN.

 

A few weeks later I got a visit from four policemen who took me to the nearest cashpoint in their marked car. I didnt even get a receipt.

 

I was suprised at this to say the least, but accepted it for some reason, dont know why.

 

Im now going to Freedom of Information Act the police and get to the bottom of it.

 

The cops didnt actually arrest me, but they appeared to be acting as DVLA debt collectors rather than policemen.

 

REALLY ????????

[noomill060]

Yes really.

 

 

This incident had completely slipped my mind until I read this thread:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/145713-detained-police-unpaid-pcn-8.html

[noomill060]

Yes ODC.

 

Formal complaint to NI Police Ombudsman and letter to MP will be sent.

 

This was just after SORN became established in Norn Irn.

 

Happened in Mid 2003 as far as I can establish.

[chris600uk]

I didn't think bailiffs worked in NI, so I suppose only the Police could do that.

[noomill060]

Youre right- no baliffs in NI,

 

There is a part of the courts system which does the enforcement bit.

 

Not the cops.

 

But hey, they have got a lot braver in the last few years...

 

Still, it took four of them, fully armed, in a bullet proof Mondeo for them to work up the courage to knock on my door and offer me a lift to Tesco!

 

Maybe I should gone out in a blaze of glory, strapping on my stirrup pump and locked myself under the stairs with a copy of the Radio Times shouting- "You'll never take me alive, copper!"

[EstebanVeao]

Aren't Marsdens the company that were on BBC Whistleblower in 2006 for their dodgy practices?

[lamb to the slaughter]

Yes really.

 

 

This incident had completely slipped my mind until I read this thread:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/145713-detained-police-unpaid-pcn-8.html

 

holy cow that sucks!!

[louloubella73]

Os, lets go with you a little way down that road and imagine that the bailiff popped round whistling as he walks up the path, and cheerily said,

 

B:Hi Mr Miller, just come for your fines money, rotten weather isn't it.

 

M says: Oh yes I've been waiting for you, look I've got to go to the cashpoint in the town centre, could you be so kind and wait.

 

B says: Why don't I give you a lift and save you the walk, it's awfully cold Mr M.

 

M: You are a kind lad, yes lets do that.

 

Now do tell...........

 

:DChris- thank you- you have made me laugh for the first time in a while-you have totally hit the nail on the head!!

 

Given my experience of Marstons (am not sure how to post a link to my original thread-basically, they broke my front door and knocked my baby daughter over in the process even though I was trying to pay) I m sure the above scenario is about as likely as a million flying pigs

 

This is a desparately sad scenario and my deepest sympathies go to the loved ones of this poor man. I pray that they ll get an enquiry, explanation and apology from Marstons and I hope that the individual involved has his conscience haunted for a long time (no doubt he/ she will justify it though-they always do-just doing my job blah blah:mad:)

[JonCris]

Point is he wasn't doing his job Taking a debtor, particularly an elderly one, to an ATM is a strict no no & could lead to him losing his certificate & his company, who have habit of ignoring not only the law but common decency, could have their CCL removed by the OFT as not being fit

[louloubella73]

I thought the old 'we can accompany you to the cashpoint routine' was standard practice in this 'profession'?

[Allwood]

a Pensioner dies because a bailiff would not beleive him when he told the bailiff how poorly he was....

 

Pensioner suffers heart attack and dies after bailiff drives him to cashpoint under 'duress' to pay speeding fine | Mail Online

[shezboy]

When will the government introduce strict codes of conduct for these people.

 

They think they can do as they please because they are bailiffs.

 

This story makes me feel sick to the pit of my stomach. I hope this bailiff and

the firm involved face serious charges for this and are dealt with firmly by a court of law.

 

I am no legal expert but doesn't this look like manslaughter?

Edited January 22, 2009 by shezboy
typos

[MARTIN3030]

Thread already ongoing about this-will merge yours with that.

Edited January 22, 2009 by MARTIN3030

[tomtubby]

There is an ongoing enquiry which is going to be sent to Jack Straw and our firm have also written a letter to him concerning the huge number of complaints that we know of concerning the enforcement of these Magistrate Court Fines.

 

There is a lot more behind this case that I do know of and this will of course come out shortly, but in the meantime it should be remembered that all bailiffs should be abiding by the guidelines laid down in the National Standards for Enforcement Agents which was published by the then Lord Chancellors Department in April 2002 and which has been endorsed by all bailiff companies. This guide makes very clear reference to persons who should be classified as "vulnerable" and personally it would appear that Mr Miller's case ticked 3, if not 4 of the boxes!!

 

The final point that should be made is this:

 

When enforcing a debt for an unpaid parking ticket or council tax, the bailiff MUST be a certificated bailiff. In holding a certificate it means that he has been before the court and satisfied a Judge that he is a "fit an proper" person to hold a certificate. In addition, a CRB check would have been carried out together with a credit reference search and a prior notification being made in a local newspaper.

 

For reasons that are still unclear, HMCS agreed that all bailiff's enforcing unpaid Magistrate Court Fines can be UNCERTIFICATED for ONE YEAR.

 

This is utter nonsense and should never have been allowed in the first place. In addition, if a bailiff is uncertificated, he would not have a Bailiff Bond and neither can a complaint be made to the court that certificated him. Therefore he can act in an unlawful mannner and then apply to be a certificated bailiff and there would be no record of a complaint.

 

In the case of Mr Miller, thankfully the bailiff is Certificated and therefore a complaint can indeed be made to the County Court that certificated him.

[%Ostrich%]

As you've already been quoted in national newspapers, what's the big secret to the background of the case? Is your knowledge crucial to the outcome of Jack Straw's enquiry or something?

[chris600uk]

Jack Straw may be a very nice bloke, and an able politician but I doubt that anything will affect the outcome of his enquiry - if my understanding of government process and typical behaviour is right, the outcome of the enquiry has already been decided and was most likely to have been agreed in a discussion in the cabinet office over a tiny glass of dry sherry - which probably took about ten minutes as soon as the news broke, it may even have been agreed over the phone.

 

The outcome of the new airport runway enquiry was probably agreed within 20 minutes, cos not everyone agreed to begin with and two glasses of sherry, you'll find it took place in about 1985.

 

One dead pensioner does not decide the outcome of an election, and is therefore very unimportant to politicians - no matter what the politicians say for the camera's, keeping the golden square mile happy matters much more.