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

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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i was having a google and came across this

 

http://www.ensas.org.uk/uploads/Oct%202007%20EN%20Small.pdf

 

i cant find a date for it so i don't know how old it is councils bloody Greedy edited you would have no chance if they were getting a % of the fees collected

 

In the last few years we have had to

consider the further eroding of our

monies with local authorities requiring

that their debt be cleared first before

our charges are paid. Initially it started

with the collection of RTA 91 debts but

it is now being requested by Revenue

Sections for Council Tax and Business

Rates. Some local authorities are also

requiring all monies collected by bailiff

companies to be paid into their own

bank account, where the fees are then

redistributed back to us in due course.

More recently local authorities are now

requiring in tenders for either, a

percentage of our fees collected, or a

lump sum per annum to be paid back

to them for the length of the contract.

It is appreciated that local authorities

are strapped for cash, but surely this is

not the way forward. In some ways this

request could be described as a bribe

and tenders could be won, not for

quality of service, but on financial

rewards.

Steve Roberts

Managing Director Ross & Roberts

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Another article from the same news letter.

 

Know your Bailiff

 

How many Local Authorities put their trust in their bailiff provider, in the hope that the personnel who will be collecting their debts are as professional as the Company they work for?

 

Does the debtor really understand the process and the person who is knocking on their door?

 

How many bailiff firms employ the services of smart, presentable, certificated, well trained bailiffs who they THINK are doing their work and their work only?

 

We all think that we are getting a professional service, don’t we?

 

The truth is that there is a new bailiff culture developing out there that could quite easily bring the whole industry into disrepute! We’ve all heard of pyramid selling, but how about pyramid bailiffing? It works like this:-

 

Bailiff A is certificated, well trained and presentable and he works as a sole provider to Bailiff Company X. However, unbeknown to Bailiff Company X he is also selling his ‘sole services’ to companies Y & Z.

 

Now Bailiff A is receiving so much work that he cannot possibly deal with it himself so he furtively subcontracts his work to Bailiffs B, C & D. Now cunningly, Bailiffs B, C & D also get work sent to them from Bailiff E, (we haven’t met him yet, but he works for Company Y & Company Z). Overloaded with work, Bailiffs B, C & D forward their work on to Bailiffs F, G, H & I. Confused? Let me make it clearer.

 

If the work gets done and money is collected, should we be worried?

 

Yes we should be worried!

 

Who is controlling bailiffs F, G, H and I? The fact is that F, G, H and I are not actually bailiffs at all. It’s highly possible that neither are B, C & D! They are just collectors – uncertificated, unbonded, untrained, unreferenced and a totally uncontrolled disaster waiting to happen.

 

Of course we should be very worried!

The Solution

 

The immediate answer that springs to mind is to only use employed bailiffs. Well that does not and will not stop ‘pyramid bailiffing.’ There is a whole new breed out there that believes they can short cut the complex tender and vetting processes by setting themselves up as mini bailiff companies on the back of reputable firms. These people will go to any lengths to get work whether that means becoming an employee of a reputable firm or not.

 

Good audit procedures and the monitoring of personnel will help to ensure standards and professionalism within the industry is maintained, however, the only true solution is a ‘National Register of Bailiffs’. Such a register could be controlled by a professional body such as the Enforcement Services Association which would require every individual bailiff to be registered by the Company they work for or provide services to. The register must be accessible by the general public, making it easy to verify and check who is doing the Local Authority’s work and collecting from those debtors. Such a register would also ensure that the Local Authority and the Bailiff Company could check the credentials and tenability of all bailiffs collecting on their behalf.

 

We have to stop this growth in pyramid bailiffing before the pyramid undermines the whole process, leaving reputable firms and Local Authorities to pick up the pieces and ultimately destroying the profession altogether.

 

Do you know who your bailiffs are?

 

Julie Green-Jones

Managing Director Rossendales Ltd

How ironic that the M.D of Rossendales should be talking about standards and professionalism and being concerned about events that bring the industry into disrepute.

Edited by outlawla
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I have made many Freedom of Information requests to local authorities for copies of Contracts with bailiffs and it is astonishing to see how many councils are demanding a "kick back" from the bailiff companies of a percentage of bailiff fees.

 

In effect this means that councils are making a PROFIT from enforcement. It is WRONG but with bailiff companies desperate for Contracts they will agree to anything.

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If only people would NOT let the Bailiff's into their property in the first place then the entire system would crash (at least for Council Tax).

 

Now I'm not advocating that people AVOID paying what they are due but tax collection should be dealt with properly and attempting to collect it by brute force and sheer thuggery isn't appropriate in the 21st century.

 

In any case I actually wonder if Bailiff use actually reduces significantly Council Tax arrears any more than if other more suitable legal channels were used such as attachment of earnings, suspension of part of benefits etc etc.

 

In any case if the Bailiff CAN'T collect the matter MUST come back to the council whatever some of the front desk phone operators tell you "we can't do anything about this - you must speak to the Bailiff -- sheer LIES and POPPYCOCK.

 

Cheers

jimbo

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I have made many Freedom of Information requests to local authorities for copies of Contracts with bailiffs and it is astonishing to see how many councils are demanding a "kick back" from the bailiff companies of a percentage of bailiff fees.

 

In effect this means that councils are making a PROFIT from enforcement. It is WRONG but with bailiff companies desperate for Contracts they will agree to anything.

 

I find this totally unacceptable and think it puts the debtor at a disadvantage when trying get unlawful fees removed from there account

no wonder councils always side with the bailiff company if they are getting a % of these fees

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