Jump to content


  • Tweets

  • Posts

    • have a good read in the debt selfhelp forum. its easy to do a self managed one..only on the debts you find ARE enforceable mind..
    • If the legendary dx could offer his wisdom it would be greatly appreciated 
    • Hi there Manager for our soccer sixes team moved overseas mid season and we struggled for numbers so we told the ref about 5 weeks prior to seasons end that we would see out these games then be done and he told us he’d ’pass the message on to the relevant people’. Heard nothing, then 3 days prior to the new season beginning we were given our fixture for that weekend. Told the guy over text we had pulled out and the ref should’ve passed a message on but we were told sufficient notice wasn’t given and it needed to be in writing. I argued it’s not our fault the ref didn’t do as he said but we were countered by the T&Cs.    now being chased for what was £608 kindly reduced to £476 to pay off remainder of the season. Been sent a letter in the post from their accountancy team and told needs to be paid by Friday.   seen a lot of the other threads saying we can literally just ignore everything but im concerned about debt collections and credit score being harmed. Can anyone confirm if this all works/what we should do?   thanks
    • Hi,   I have given an official police witness statement for the prosecution in an upcoming criminal court case, and I am very anxious about what might happen.  Specifically regarding being cross-examined.  My statement is very short, and only a couple of paragraphs long, regarding a conversation I had with one of the victims.  I have tried to research online about what information about me the defence barrister might be able to find and use to discredit me.  I have by no means have a shady past but, I am concerned about what private information might be brought up, and as this is a case that will be in the national press as it is in the public interest.  The two preliminary hearings were reported in the papers.   I have tried to research  online what information the opposition can seek, but it is all very complicated.  I believe that they can legally access public records, but I'm not sure what information public records hold.  Can they access my medical records, educational history, HMRC, and Department for Work and Pensions? (I am a self employed sole trader).  I was arrested once, and this was unfortunately instigated by the victim in this case, so could well be of interest to them.  It resulted in no further action, however I have only discovered this week that that, in fact, this means I have a criminal record, and will be so until I am 100 (no chance)! This has really annoyed me to say the least, especially since I asked him afterwards why he rang the police and he said 'for a laugh'.  So I have started to look into applying for it to be deleted, but again, if anyone has any advice on this I would be appreciative. At the moment, my name isn't on the confirmed list to give evidence, but the detective I have been dealing with has said it is 'likely'. The names of the victims in this case will not be allowed to be reported, are witnesses fair game for the press? I really need no know how deep they can delve in to my life so I am prepared if my character gets assassinated in front of the nation. I really wish I'd never agreed to this.   Many thanks
    • A belated thanks dx. Yes I may take your advice regarding StepChange. I am finding that I am telling them (on behalf of my Son) the true balances outstanding? They never seem to check properly in which worries me. If I was to take on myself is there another way of dealing with various debts? I have already submitted other IRL complaints on his behalf. Today I have received a further response from Quidie T/A Fernovo confirming that they will waiver all interest paid.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5245 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just posting this to advise all that are suffering in the hands of bailiffs

 

If you are receiving letters threatening your first method should be contacting the company who had hired these bailiffs wherever its threatening its then classed as threatening / demanding behaviour and this is illegal ask that company who hired these to pull the debt away do not swear, name call, threaten the company as this wont get anyone anywhere.

 

If you are receiving letters saying NOTIFICATION FOR SALE OF GOODS you should contact the company immediately as the company who hired the bailiffs can help resolve the issues with you or on your behalf.

 

If bailiffs are applying heavy charges to your balance do not accept these charges as it clearly states they cannot levy charges for home visits. Again contact the company who hired the bailiffs and inform them that the bailiffs keep applying charges to your balance in which you refuse to pay because you cannot afford

 

You should again also request that they pull your account back from the bailiffs if you feel they have done any of this or anything else that could be causing you stress/upset

 

A while back my dad had a council tax debt and it was passed to a bailiff to collect i contacted the council and explained everything to them that the bailiffs was doing and was mis-treating my dad

 

Even though my dad was paying the agreed amount on some occasions it may of been late or delayed at no fault of his own this could have been due to a fault in the system or repair work or simply because he may of got paid late

 

Due to this occuring and payment arriving 1 day late they sent him letters saying NOTIFICATION FOR SALE OF GOODS in which he had received so many from delays it was getting beond a joke

 

They would also apply between £50 - £100 per visit to our house and got so annoyed because my dad was actually paying and attempting to clear the balance in which he owed but with these on top he could not clear it as everytime he got near clearing it they would make another visit and apply these charges

 

These charges was actually applied for each debt he had so it could have been £100 x 3 for 3 debts he may of had

 

I also confronted the bailiff at his car and questioned him why are charges being applied like this when my dad is in debt and attempting to clear the balance without your charges then i went on to show him the OFT guideline booklet i was given by OFT

 

He then went quite and told me to speak to the office when i refused to allow my dad to pay such charges

 

The council then understood everything i explained in the letter to them and even apologised to my dad as i requested and now is paying the debt off to the council.

 

So i would advise if you feel your being unfairly treated you really should talk to the company who got the bailiffs as they can help you.

 

Dont suffer beining miss-treated by these bailiffs. Seek legal advice or talk to the company

 

Hope this helps :)

Link to post
Share on other sites

You should also send an acceptable offer with the amount you can realistically pay/afford to the council or company when asking them to pull it away.

 

This offer you should then agree and stick to. to clear the amount owed otherwise it could end up going back to a different one who could be more harsh bullies

 

The council / company can only accept or refuse but if your willing to make payments to the council / company then there should not be a problem with them pulling it away from the bullies

 

But in all cases if they are miss-treating you it is the councils / companies responsabilities to ensure you do not get miss-treated and no stress/upset is caused through bailiffs if they get complaints they will/should act immediately for a start by pulling the account away from the bullying bailiffs

 

Nobody should be subject to bullying, harassment, stress nor upset in any form.

Link to post
Share on other sites

If this fails you should then contact your local CAB office who will/should be willing to help you on this issue

 

You should also report that bailiff company if they are doing any of the above things as they may investigate and take any appropriate action they see fit as all bailiffs are under strict guidelines also

 

This could result in suspenture, fine, shut down or watched closely

 

The bailiffs are nothing more than big bullies and they will attempt any method to try get the money from you.

 

When collecting they should always stick within their guidelines if they dont thay can be punished

Link to post
Share on other sites

Remember never allow anyone in to your property claiming to be a bailiff without them showing their ID card once you have seen it phone the bailiff office and give the badge number to them to make sure it really is a bailiff if its not do not let them in and call the police immediately to have them removed there are so many boogus callers claiming to be from companies and are not.

 

never open the door until you feel safe to you can ask them to feed the badge through the letter box or put the chain on the door and ask them to pass you the badge so you can check it with the company

 

If they refuse then they are classed as bogus and you should then shut the door lock it or never open the door (if posted through the letter box) and you should do the above by calling the police.

 

Letting people in your home without proving their identity can be very risky. it is your home you decide who you let it its your safety you are thinking about.

 

In no event should a person force their way in even if you open the door this is tresspassing and can be arrested on the spot for entering a property without consent

Link to post
Share on other sites

you dont let bailiffs in under ANY circumstances fullstop, badge or no badge. else a WPO will follow!

 

this says it alot better:

 

1. contact your local Councillor - doesn't matter it's the weekend, they asked for public office so are used to being contacted at odd times.

 

2. contact Council - you need to know amount on Liability Order, amount still outstanding and when passed to Bailiff. Info can be requested by phone but back up by email and if necessary by hard copy.

 

3. contact Bailiff company - ask for statement of your account including screenshot - they are obliged to give you this. They may state they need £10 as it is for a Subject Access Request, your request falls outside of the Data Protection Act. Send info by email backed up by hard copy in post.

 

4. Formally request to Council asking they take your account back from Bailiff - usually again fails as Council staff can only read from script. Ask to speak to someone more Senior - you can go as far as Head of Revenues or Chief Executive. Always get name of who you are speaking to and their job title.

 

5. pay Council at a level you can afford - do this Online or by automated phone line.

 

6. When Bailiff calls totally ignore him - despite any threats he may make he can not have you arrested, break into your property (unless entry previously gained), attend with a locksmith, remove property in your absence. He is all bluff and bluster and as much use as a wet f*rt. You should also ask him for his ID and at what Court he is certificated - check this - he also has to carry a copy of the Liability Order.

 

It may be that the Bailiff is overcharging you and once that can be established you will hold all the aces. make sure you don't let him in and hide anything outside - particularly vehicles. There may be a couple of fees you may have to pay (£42-50 in total) but eventually he will go away to pester someone less fortunate. there is a pre-set fees tarif for all types of fines etc. 90% of the time the bailiff will be overchagring you.

 

from another thread.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

most bailiffs turn up with police meaning police have warrents and can enter the property so how can you stop them from entering you simply cant

 

why does the police come. Its for the bailiffs protection and is ordered that they arrive in the event they are not let in and also to witness anything that happens in the event of any alligations that may occur

Link to post
Share on other sites

no, rarely do bailiffs turn up with police

they certainly don't without having gone through a set process

which must involve liability orders

walk in possession orders

and levy etc

 

they can only force entry if they have already been in your house.

 

now, there is a diff between say magistrates fines and unpaid council tax on the way they can act.

 

but to make such sweeping statements is wrong and very alarmist, esp to new members wanting info.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

most bailiffs turn up with police meaning police have warrents and can enter the property so how can you stop them from entering you simply cant

 

why does the police come. Its for the bailiffs protection and is ordered that they arrive in the event they are not let in and also to witness anything that happens in the event of any alligations that may occur

 

I have never had a Bailiff turn up with the Police (unfortuantley I have had some experience). I have however called the police to deal with a Bailiff.

 

The Bailiff can call the police if he feels he is being threatend but then you can allways make that call first.

 

If the Bailiff is there to deal with council tax then the police CANNOT assist him in gaining entry to your property, IF the police arrive they will be there soley to prevent a breach of the peace.

 

In my experience the police didnt have a clue and suggested that we let him in :shock:

Link to post
Share on other sites

no, rarely do bailiffs turn up with police

they certainly don't without having gone through a set process

which must involve liability orders

walk in possession orders

and levy etc

 

they can only force entry if they have already been in your house.

 

now, there is a diff between say magistrates fines and unpaid council tax on the way they can act.

 

but to make such sweeping statements is wrong and very alarmist, esp to new members wanting info.

 

dx

 

 

Agree with every word dx

Link to post
Share on other sites

One thing I would add is that if you have to talk to the Bailiff do it through the door (DONT OPEN THE DOOR) or upstairs window and make sure that you record everything via phone/camera ;)

 

It's funny how a Bailiffs memory slips when he is complained about.

Link to post
Share on other sites

Magistrate fines can be assisted by police and forced entry can be obtained if neccesary

 

thank you thats what i looking for

 

well done twonames.

 

 

mods, i think this thread need burying.

alarmist clap trap.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

cant be assed with people like you who say everything is mis-leading think you know everything do you i should know what i have done you dont know what i tried so how about keeping your posts to yourself

 

 

Chris I think much of the tension here has been created by your assumption that people in these forums are oblivious to bailiff practices and peoples rights to see fair play.

On the contrary,we have people here who are very much up to speed with laws,regulations and best practice.

To try to undermine those,or introduce scenarios that are not typical,is surely inviting correction.

Its not to say that your intentions in starting this thread were not honourable,nor that your intentions were not to be informative.

But the subject of Bailiffs and the guidance thats given out,is far too important for those who seek it in their own problems,to be anything but 100% accurate,factual and most of all unchallengable.

Members should expect nothing less.

There can be no point in leaving this thread to run further.

I hope that you can get a greater understanding reading further-you will see that much work has gone into addressing common questions-and that those efforts should not be seen to have been in vain.

Thread now closed.Thanks again for all input.

  • Haha 1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5245 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...