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    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
    • What's the default date? It should be on your Credit File
    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
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      I was in Sainsbury’s today and did scan and shop.
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bigray

From a slightly different perspective but interested on peoples views

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Hi,

 

I'm probably going to make myself unpopular here but I am going to post anyway. I have seen debt from both the consumer side (luckily thats in the past) and as a Debt Collector / Bailiff. I would like to say that the job as a bailiff isn't one I would want to do again and I actually do feel for people who are unable to pay.

 

However what is the general view on Magistrated debts for items such as assault, battery, assaulting a police office etc. Surely people that have been fined for these items shouldn't be allowed to get away without paying. I accept of course some people make mistakes and some work hard to pay. However those that are guilty of the aforementioned crimes that spend money on drink and in some cases luxury cars/holidays should be made to pay.

 

I would say though in any circumstances people collecting debts should do it in a reasonable and fair mannor without false threat.

 

Sorry if I have offended anyone that was not my intention.

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assault, battery, assaulting a police office

these people should not be fined they should serve a jail sentence

 

I'm not going to give you a hard time for being an ex bailiff debt collector

i would like to pick your brains

 

when you were a bailiff how long did the firm you worked for have to keep all paper work including there copy of the walking possession agreement

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There is a big difference between consumer debt & criminal debt. Besides this site doesn't advocate debt avoidance.


Anthrax alert at debt collectors caused by box of doughnuts

 

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I understand that the forum does not deal with that. I that it does not advocate non - payment had I thought it did I would not credit it. I was merely asking for opinions.

 

In terms of paperwork other than the letters that were but through peoples doors it was all electronic from my side.

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so what did you do with your copy of NOTICE OF SEIZURE OF GOODS AND INVENTORY

did you not have to hand them into the office

i would have thought they would have to keep them for x amount of yrs

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They were returned to the office although this was quite a rarity in most cases i tried to work something affordable out with the debtor

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Hi,

 

 

 

However what is the general view on Magistrated debts for items such as assault, battery, assaulting a police office etc. Surely people that have been fined for these items shouldn't be allowed to get away without paying. I accept of course some people make mistakes and some work hard to pay. However those that are guilty of the aforementioned crimes that spend money on drink and in some cases luxury cars/holidays should be made to pay.

 

 

 

Sorry if I have offended anyone that was not my intention.

 

In my opinion every one should pay what they are DUE to pay, no more no less, and as much as I hate bullies who think they can get away with it they still have rights and the law should be adhered to. (not that I agree with that though- no criminals should have rights) But where as these bullies get arressted and get a fine the bully boy bailiffs get off scot free and think they can intimadate, assault and threaten people and not pay the consequences and think that this is their God given right to treat the people the way they do. Most bailiffs to me are just glorified criminals who thwart the law at every opertunity so are just as bad as the common criminal if not worst in some cases.

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Ironically I am myself having a minor battle with some Neanderthals just now. Obviously none of them in their office can read nor do they have the slightest idea what their powers are in reality.

 

They seem to think that they have the words 'Specialist Bailliff' on their letterhead it somehow exempts them from the law. They seem to think they have some God given right of enforcement when in reality they have no more authority than the man who cleans my windows.

 

I received one of their missives today stating that they had been 'authorised' to visit me to carry out 'full recovery procedures'. :rolleyes: I would like to know who in fact authorised this because it certainly wasn't a court nor was it the client they are acting for because the alleged debt has been in dispute for four years and will remain so until it becomes Statute Barred.

 

The problem they face is that they cannot prove a debt exists, in fact they cannot prove a debt has ever existed. The original creditor is bound by , PART 13 section 100. —(1) of The Housing Benefit Regulations 2006 because of their own crass ineptitude yet these 'specialist bailiffs' still think they can take enforcement.

 

Who are these muppets......I'll give you a clue....they seem to think they are exempt from copyright law and decided that they needn't pay for their Office software licences. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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There is no need for private bailiffs at all. When it comes to court fines there is a system of court employed HCEO's and as in most European countries they are responsible for the collection of fines and where it is not possible ensuring that the perp. is put in prison instead. lt works just fine and does not involve civil debt. Re. debt collection, with the exception of unpaid rent, private debt collectors have no rights of entry or levy other than if they have a court order to recover a specific item, such as a car on hire purchase etc. I've never heard of bailiffs breaking in to someones home in Scandinavia for an upaid credit card.

Gustavius

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