Jump to content


  • Tweets

  • Posts

    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Seems OK, except that you must provide your details (as the driver). Include your name, address, DOB and driving licence number. This is to comply with s172 of the Road Traffic Act. Keep a copy and get a free Certificate of Posting from the Post Office.
    • Dear all, some information/advice required please.   I recently received a Further Steps Notice about a fine from 19/03/2018 which I knew nothing about. It was regarding a vehicle parked on the street without tax ( It was covered up and there because the only key to it had been stolen, I had been away from home  and I was having trouble getting a new key cut and coded to the vehicle )  I had not made a change of address to DVLA which would be why I knew nothing about the fine until receiving the final steps notice dated 29th April 2024 and giving me 10 working days to pay, although the notice did not arrive till May 9th 2024. I emailed the London Collection and Compliance Centre on May 13th 2024 asking for any information and they sent me a copy of the original fine. It is for  £390 back vehicle tax, £85 cost and £600 fine.  I now have received a Notice of Enforcement dated 7th June 2024 demanding payment ( total £1036)  or an arrangement by 6am 15th June ( tomorrow )  My question is is it tool late now to question the £600 fine part of the total amount to be paid ? That amount seems punitive.  Would making a statuary declaration regarding having no knowledge of the original court date apply ? And any other advice gratefully received. I am on Universal Credit and apparently they have already taken £177 via benefit reductions which I wasn’t aware of, but does make it seem strange that they were also unable to contact me.    Many thanks for any assistance 
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • You're right of course, just jarring when an actual man child is knocking on my door so close to the end. Anyway, I'll keep this thread updated if ever any exciting does actually happen. Thanks again.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5176 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

 

as for collecting unpaid monies, credit risk calculators & systems are some of the most advanced computer systems. Banks and lenders MUST be wholly responsible in their lending. They charge a huge premium for taking on that risk..... if they lend by calculation, they should not take by force, as the risk and cost of erroneous calculations should be bourne by the risk taker - after all that is what they are paid for!

I agree to an extent - banks clearly should be making an educated decision upon whom they lend to.

 

However, this is a theme that comes up time and again on here, and I cant buy into it.

 

The banks are not SOLELY responsible. Some responsibility has to lie with the debtor who has borrowed money, and does not have the means to repay it.

 

Ultimately, regardless of credit checking and risk calculation, only the applicant knows their means, and their ability to repay certain debt.

 

It is wrong to remove all responsibility from the lendee - we should be able to make our own decisions, and bear responsibility if those decisions are incorrect.

 

Moreover, my point has been missed (again) that baliffs, contrary to popular belief, enforce a range of debts, not just credit card/loan debt - as mentioned above.

 

Debt enforcement is a requirement.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

  • Replies 158
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

No worries MrShed, my post was tongue in cheek. 'Snobbery' refers to the bailiffs preferring some peoples goods over others. The final line refers, of course, to the occasional peeing competitions that crop up from time to time...

Rae.

Link to post
Share on other sites

Dont worry, knew it was tongue in cheek :)

 

I wasnt aware that baliffs ever refused to seize goods!!! :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

MrShed, strange but in my case absolutely true! Way before I joined cag I had the bailiffs calling every now and again for CT I couldn't afford. I will say these ones were polite and courteous. I let them do their stuff and we'd have a coffee and a natter. Every time they said 'sorry, but we're going to have to remove' I'd say fine it's no problem. They never did. I know I have little of value but it has to be insulting when the bailiffs won't take your things. At least I know why I've never been burgled...

Rae.

 

For the record, as I've posted before, I've also had dealings with some pretty nasty bailiffs too!

Edited by RaeUK
type o
Link to post
Share on other sites

Just for the record, removal really is the last port of call.

 

Every bailiff would rather get paid, by the threat of removal, than have to follow it through.

 

Less than 1% of cases end in removal.

 

That's my point. When all's said and done it just bullying and not fit for a civilised society!

Link to post
Share on other sites

Debt enforcement is a requirement.

 

Bollocks!!!!!!

 

In a medieval world yes, not in a forward looking civilised society.

 

A forward looking civilised society would, in my eyes send a humble person - a female ideally!- (bailiff's are perversely men) - with bags of humility with a laptop to talk assess and HELP the person get back on track - only by providing the means to do more and EARN MORE.

 

I.e. don't steal from debtors- instead educate and help those in debt to help society become richer - no one wants debt. The stress caused by debt may be as costly to the NHS as smoking????? If we have high debt, isn't the logical thing to help us get out of debt and not enforce and destroy the lives of vunerable people....

 

Debt is resolvable thru help. Bailiff action is a tsunami which will put people further back into poverty - vicious circles!.

 

The day we stop tsunami'ing people in their homes the day we can all sleep better.

 

The Newlyn plc MD said he was going to climb through my windows and take what ever he wanted - for a blinkin parking ticket. Bastard. No one should be allowed to take anything by intimidation or force- something HMCS inflicts on us everyday!

 

If something is needed halfway, a bailiff should only ask a debtor what may be taken. He should then go to court and a judge (not bailiff!) makes a decision on what should be agreed to be taken - authorised by the debtor. Perhaps.... It should be law that someone's goods cannot be sold on. Only put into storage until the debt is paid.

Link to post
Share on other sites

Hazza - I respect your opinion.

 

But I ask you what I have asked others above - give me a viable alternative that allows creditors to be repaid.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Hazza - I respect your opinion.

 

But I ask you what I have asked others above - give me a viable alternative that allows creditors to be repaid.

 

I believe there is an old adage, somewhere that says.... don't gamble what you can't afford to lose... directed towards banks.....

 

and... also don't spend more than you earn..... directed towards debtors

 

simples!!!!

 

I have lost hundreds if not thousands on lending to people - friends etc - money when they have not been able to borrow from the bank etc.

 

i would not send a bailiff to them.

 

Sometimes I get it back, sometimes I didn't. If I didn't get it back, I blamed myself (ouch) as I should have perhaps used better judgement.

i.e. i lent someone some money perhaps on the chance that if i may one day be in need myself, I could ask someone to return the favour - makes for good society!

 

unfortunately banks do not operate on this humane principle

 

they are not your friend - the bailiff is.

 

but again back to your question....

 

give me a viable alternative that allows creditors to be repaid.

 

sorry - i don't do demands - unless of course you are a un-certificated bailiff supported by police officers who has clamped my car illegally and is prepared to claim that you are a bonafide court bailiff like Newlyn plc does!- sorry!

 

what I will do is work with people on this forum collectively and collaborate to come to a CAG made alternative that allows creditors to be paid - or not!

 

this may take time and many roads - but fwiw, i have about 5-6 viable alternatives that do not involve terrorising people in their homes

 

if only someone starts a thread on this topic - this thread is not it... unless the OP agrees...

 

....Beat the Bailiff on TV started the fall from grace of the bailiff industry - to be replaced by common sense and decency!

Link to post
Share on other sites

Hazza - I respect your opinion.

 

But I ask you what I have asked others above - give me a viable alternative that allows creditors to be repaid.

 

Okay, okay. Here's how it goes. Bailiffs take people's stuff, sell it cheap, take a great wedge for themselves, give the creditor a pittance and the debtor gets deeper into debt buying more stuff to replace what was sold. That's 1% of the cases, says High Court Enforcer.

 

Or they threaten to sell the stuff, so the people get deeper into debt borrowing not just what they owe but a lot more so the bailiff gets his gets his great wedge too. Is that the other 99%?

 

Why not pay the bailiff's wedge to a debt counsellor who can sort it all out sensibly?

Link to post
Share on other sites

I'm going to bow out of this debate now, as I feel I've said all I can :) anything more is just repeating myself.

 

Was fun though! :) and a good discussion.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Why not pay the bailiff's wedge to a debt counsellor who can sort it all out sensibly?

 

excellent .... the court assigns a debt counsellor to perform a "pre-sentence report" - sorry - "debt assesment" which should recommend a fair agreement between debtor and creditor

 

problem is... all of this is complete rollocks when parking tickets are taken into account.

 

If i did not repay a loan, there is a contract that shows i agreed, and i may have failed - contract breach

 

However, with parking tickets, i never entered into contract with the council. I paid road tax which allows me to drive, but this is not to do with the council - then why how can council send criminals to my door?

 

then when i ask why they sent criminals to my door they respond by saying they act within the law

 

who's to blame the law, or the council or the bailiff - or the police?

 

all me thinks, shame it's easy for them to dig claws into us, but make it very difficult for us (by way of trial!) to gain justice against those that lie

Link to post
Share on other sites

who do you mean by creditors?

 

banks?

councils?

finance/hire purchase companies?

 

if so, tell them that they should not lend so much next year - it might not all be paid back

 

but they can't - as it will affect sales/growth projections for everything

 

no credit no sales no xmas bonus

 

it's a big bubble that they all pumped up too much without realising the consequences

 

the industry would not implicate themselves in protecting the consumer (look how much they spent protecting bank charges)

 

many have crossed the line -

 

anyway, i have the eye of the tiger - thankfully it is the year of the tiger today

 

Eye_of_the_Tiger_Survivor.jpg

Link to post
Share on other sites

who do you mean by creditors?

 

banks?

councils?

finance/hire purchase companies?

 

What about when they are not large "faceless" corporations? Do you feel the same then?

 

Even so - what difference does the claimaint make if the defendant WONT pay as opposed to CANT pay?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

hi shed,

Let's get some stats, i reckon 80-99% of orders involving bailiffs and consumers at home are large corps or gov - terrorise me at my home if i am wrong!

does anyone have any figures?

if i owe £10 to the corner shop guy, he would not get litigious

if i owed £10 to BT, Gas, water etc they would get very litigious then start selling the £10 debt until it was £100 -

 

they are the reason why we have in our socety 'bulk' litigation centers - not for the people, but for the corps

 

i think the can't or won't is irrelevant here - in fact i believe it is no one's business - right to privacy, right to peace at home etc

 

it is simply paid or not paid

 

the industry loves to extract lots of private info on people to determine this - cant vs. wont - i think it's none of their business - only perhaps someone good and honest like a bonafide debt counseller should be told if can't or won't

 

by differentiating can't/won't they use different debt attack strategy - why?

 

perhaps some people who can pay won't pay because they're ethically obliged not to be intimitated by threat and fear therefore making them into a can't pay

 

this should be the theme tune for CAG - back to the 80's!

 

YouTube - Survivor - Eye Of The Tiger

 

i think i am over the limit to continue answereing questions

 

i need to check my computer driving license to see what the legal CAG limit is

 

btw... i'm so skint i can't pay, but i was forced to pay - illegally - which destroyed many other areas of my life - what do you say for that - when someone is made to pay illegally - they believed i was a won't pay but i was a can't pay now i am just.... a victim of a litigious world?

 

:razz:

Link to post
Share on other sites

Hazza - if you owe someone money, I think that cant pay or wont pay is VERY MUCH someone elses business.

 

I may be ethically against paying income tax, but that doesnt mean I cant.

 

You are probably right that most claims are large organisations. But not all.

 

If large organisations were not able to claim, our financial society would fall apart. Utility companies would no longer exist, or banks (which like it or not, most of us need them these days).

 

Your thought process is very utopian and nice. But we live in a world that be neccessity is dictated by capitalism and the appropriate laws around that. We cant choose to ignore the law (civil or criminal), and neither can we choose not to repay a debt that we incurred.

 

I fail to see on what "ethical" basis you can say that someone can run up a £1000 debt and then just simply fail to repay it? That is basically theft!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Hazza - if you owe someone money, I think that cant pay or wont pay is VERY MUCH someone elses business.

 

I may be ethically against paying income tax, but that doesnt mean I cant.

 

TOTAL ABSOLUTE ROLLOCKS AGAIN!!!! (nothing personal i assure you!)

 

I am not talking tax ere - i am talking consumer debt and dodgy parking tickets - but if you ask me, we could be living in an much more ethical society where tax is an option - not a punishable offence - and the lights would not go out

 

Okay, i haven't read many of your posts but i sense you are in the 'industry'

 

have you ever been visited by a trainee bailiff ?

 

are you the type of person that agrees with council's etc using RIPA too?

 

financial matters are not for a bailiff ever - them too dumb - they can't even add up!

 

financial matters are for someone with a qualification- and a spreadsheet - to help get out,

 

bailiff's operate cloak and dagger, stalking, following anpr etc - no more ever i pray!

Link to post
Share on other sites

I'm going to bow out of this debate now, as I feel I've said all I can :) anything more is just repeating myself.

 

Was fun though! :) and a good discussion.

 

Thank you Mr Shed for joining in. (I see you didn't really bow out.)

 

It's a shame we're powerless to do anything about something everybody agrees needs cleaning up if not abolishing.

 

For those who have been concerned about qualifications, let me assure you that I have some GCSEs and loads and loads of scout badges.

Link to post
Share on other sites

If large organisations were not able to claim, our financial society would fall apart. Utility companies would no longer exist, or banks (which like it or not, most of us need them these days)

 

You really are putting yourself in line with statements like that... please explain your theory in more detail. I think if orgs could not send someone to someone's home to intimidate and take by theft, they would just be a bit more cautious in their lending. We will always have utility companies - even if it's a bloke helping people at a communal well

 

Your thought process is very utopian and nice. But we live in a world that be neccessity is dictated by capitalism and the appropriate laws around that. We cant choose to ignore the law (civil or criminal), and neither can we choose not to repay a debt that we incurred

 

no one is asking you to do that - we as a society need to remove the last shackles of a medievel world - bailiffs!!!

 

I fail to see on what "ethical" basis you can say that someone can run up a £1000 debt and then just simply fail to repay it? That is basically theft!

 

rollocks again - non payment of debt is never theft.

Bailiff action for incorrect debt IS theft - by deception?

Link to post
Share on other sites

Hazza, can i be hypothetical with you for just a mo, please dont bite my head off though. I take my landlord to court, for damages because he failed to repair a leaking pipe, the leak got worse, he didnt repair it so the leak got worse, damaged my property, now he refused to reimburse me for the items that I had to replace because of the damage, I took him to court and I was recompensed for my loss plus costs. Now what if he didnt pay what would I do? what would be my choices?

Link to post
Share on other sites

simples!

the landlord is not a consumer

he obviously has assets

by not fixing he put his own property and assets in jeapordy

by not paying damages he is putting his assets at risk

so, if i were you, claim that the house is yours (freehold) until thehe pays damages - assuming you are still there!

sm....i would not bite anyone's head off - but if i find a post absurd i may post an absurd reply if i've had a beer!

Link to post
Share on other sites

It might be fraud and that's close enough but we're not talking about criminals but bailiffs bluffing and bullying honest people.

 

so we agree that non-payment of debt is not theft!

 

we're not talking about criminals but bailiffs bluffing and bullying honest people.

 

and let's be clear that bailiffs bluffing and bullying ANYONE is fraud and is theft!

Link to post
Share on other sites

simples!

the landlord is not a consumer

he obviously has assets

by not fixing he put his own property and assets in jeapordy

by not paying damages he is putting his assets at risk

so, if i were you, claim that the house is yours (freehold) until thehe pays damages - assuming you are still there!

sm....i would not bite anyone's head off - but if i find a post absurd i may post an absurd reply if i've had a beer!

 

actually, if a judge has made an order for damages then there are ways to enforce a *court order* - which is not what i say not to pay!!!!

 

i am thinking and focused on enforcing a parking ticket

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...