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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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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.

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      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.

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      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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As far as the police action is concerned you need to first of all be aware of this guiding principle for the police. Whenever they are called out to a situation such as you describe then whoever has actual possession of the property in question when they arrive, retains possession of the property when they leave.

 

This is bread and butter stuff and it is so that the police do not become embroiled in civil disputes or are open to criticism later on down the line in that they acted unlawfully in deciding at the scene who should have possession.

 

Secondly, there are always two sides to a story and the truth quite often lies somewhere in the middle. The Police when investigating such allegations must tread carefully and try and ascertain all of the facts that are available and make a judgement call over whether or not it is appropriate and necessary to make an arrest at the scene.

 

There are a number of other issues here that have to be faced head on. Firstly the Bailiff was carrying out what he believed to be his lawful right (dunno if "right" is the right word?) and therefore he is, as is any member of the public, entitled to use reasonable force if he perceived himself to be at risk of imminent physical harm Secondly, the witness , being your partner is not an independent witness and therefore like it or not, a degree of caution has to be exercised on their version of events because he/she is an interested party as well.

 

Some more detail might also be useful as to how exactly it all kicked off

 

Finally, when you photograph your injuries make sure there is a ruler with centimetres visible and readable along side the injuries.

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Good points by Nev Met, but were these actually certificated bailiffs, or debt collectors called in by logbook loans, without any writ or other authority?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Have removed the text and replaced with pdf ...

 

 

C O N S U M E R C R E D I T T R A D E A S S O C I A T I O N

CODE OF PRACTICE

(BILLS OF SALE FOR LENDING REGULATED UNDER THE CONSUMER CREDIT ACT)

“A Commitment to Responsible Lending”

 

 

 

C O N S U M E R C R E D I T T R A D E A S S O C I A T I O N.pdf

Edited by citizenB
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Jesus! Could you not have highlighted the relevant points and posted a link to the other dross?

 

I have no idea what it is your trying to make a point of, is it all the crap in red or all the crap in blue??

 

Acts and Regulations ARE NOT LAW, nor are BY-LAWS or STATUTES.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Jesus! Could you not have highlighted the relevant points and posted a link to the other dross?

 

I have no idea what it is your trying to make a point of, is it all the crap in red or all the crap in blue??

 

Acts and Regulations ARE NOT LAW, nor are BY-LAWS or STATUTES.

Well I obviously put the whole thing in as no one seemed to of read the link I posted earlier. To be honest I rather cant be arsed to point out what is or is not relevant but actually thought it may help. I wont waste my time in future, but then again sitting in a hospital bed with nowt all else to do I thought I could be of some use.

Mods.. delete as you wish. Im pretty much done here. I was always on the understanding in this place that any information no matter how big or small could be better than nowt at all.

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Well I obviously put the whole thing in as no one seemed to of read the link I posted earlier. To be honest I rather cant be arsed to point out what is or is not relevant but actually thought it may help. I wont waste my time in future, but then again sitting in a hospital bed with nowt all else to do I thought I could be of some use.

Mods.. delete as you wish. Im pretty much done here. I was always on the understanding in this place that any information no matter how big or small could be better than nowt at all.

Agree seanamarts, any pointers that can show a way out of a bad situation is better than none at all.

 

I did read through it, and can see several points within it that show the police in a very bad light, as the people sent by Logbook Loans have apparently ignored any guidelines completely, and acted completely out of order; and the police eager "to keep the peace" have ignored any protest by OP. Will look through again and try to highlight areas where they (the bailiff or debt collector whatever he was) appear to have acted outside legal authority, that's if the mods don't delete your post.

 

seanamarts hope you can gain some improvement and get out of that hospital bed soon, but we must realise that not everyone is receptive to advice or pointers when it isn't handed on a plate sorted and ready to go. they should try reading some of the obtuse motherboard manuals, when building a PC LoL.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Agree seanamarts, any pointers that can show a way out of a bad situation is better than none at all.

 

I did read through it, and can see several points within it that show the police in a very bad light, as the people sent by Logbook Loans have apparently ignored any guidelines completely, and acted completely out of order; and the police eager "to keep the peace" have ignored any protest by OP. Will look through again and try to highlight areas where they (the bailiff or debt collector whatever he was) appear to have acted outside legal authority, that's if the mods don't delete your post.

 

seanamarts hope you can gain some improvement and get out of that hospital bed soon, but we must realise that not everyone is receptive to advice or pointers when it isn't handed on a plate sorted and ready to go. they should try reading some of the obtuse motherboard manuals, when building a PC LoL.

:amen:

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My apologies seanamarts.....:sorry:

 

I didn't mean to give you both barrels, that was meant for my neighbour who thinks it is OK to have yet another party playing crap music too loud and for too long!!

 

Of course ALL information is helpful.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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My apologies seanamarts.....:sorry:

 

I didn't mean to give you both barrels, that was meant for my neighbour who thinks it is OK to have yet another party playing crap music too loud and for too long!!

 

Of course ALL information is helpful.

 

Whilst I understand and respect your apology, I still believe that the point that you were trying to make was an extremely valid one, the reason being is that, I think that there's something that used to be referred to the "Fog Index" whereby information overload in a statement or paragraph makes it subconsciously impossible to digest and you end up re-reading the same words without taking anything in.

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It was a very long post and contained a lot of information, I just couldn't decipher what was relevant to the post and what wasn't? And the neighbour playing crappy music at full blast on his tinny speakers didn't do anything for my concentration neither...

 

I am still sorry seanamart for biting your head off..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well I obviously put the whole thing in as no one seemed to of read the link I posted earlier. To be honest I rather cant be arsed to point out what is or is not relevant but actually thought it may help. I wont waste my time in future, but then again sitting in a hospital bed with nowt all else to do I thought I could be of some use.

Mods.. delete as you wish. Im pretty much done here. I was always on the understanding in this place that any information no matter how big or small could be better than nowt at all.

 

 

Hmm, I could have sworn I posted earlier to say that I had converted your article to a pdf format and put the link in your original post ??

 

Anyway, if you want me to copy and paste sections out of it then please pm or post and I will do that for you :)

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Hi all, I would like to thank everyone for the valuable info and knowledge. I had a letter from logbook loans this morning. attatched was a very detailed 2 page statement from the Bailliff in question. first of all the letter from logbook loans said "Having carefully considered the agents account and the evidence at hand, we are satisfied that they acted correctly under the circumstances". along with all the other dribble. the statement from the bailliff is an absolute pack of lies, he says " Mr xxxxx approached me and with both hand pushed me, as i turned to face him he continued to push and grab hold of me...he goes on to say, " As this was going on i made a number of attempts to call the police due to the assault occaisioned on me, while i was about to speak to the police he made a grab for my phone, he then came up under my right arm, and grbbed me by the leg with each of his hands by my thigh to lift me in order to move me away from the vehicle.

 

( Now if you seen the size of me and the size of this guy, you would laugh your head off. im 9 stone, he was probably 18+)

 

Also it says this" The police did mention to me that Mr xxxxx was known to them but did not elaborate, and while i cannot be sure how he sustained the marks on his back i do not believe in all honesty i caused them, i even suggested that he may have had these marks on his back before i even called.

 

(well this is news to me?? ive never been in trouble with the police in my life)

 

Sorry its such a long post, i did shorten it quite a bit. feeling under the weather from the whole incident, this was a big kick in the stomach from logbook loans, the only thing they are concerned about is money. Where now guys?

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That is unbelievable.....I really don't know what to suggest except for pursuing your complaint with the Police, I'm at a loss for words, it really does grate with me, but it is your word against his clearly biased one. Unless there were independent witnesses you could call on to back up your evidence then I guess the old bill will as usual take no action.

 

However, now might be a good time to invest in a cctv camera and DVR recorder and put it up at your front door, there'll be no disputing his lies then! Plus this will now show them that they need to be squeaky clean when dealing with you in the future.

 

Did you lodge a complaint with the ACEA??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Did you lodge a complaint with the ACEA??

 

Ive just been on their website now and found this

 

"There are, however, certain complaints that cannot be dealt with by the association. These include where:

 

They include an allegation of violence, or other criminal act – any allegation of violence, or other criminal act, must be referred to the police for investigation".

 

 

I also replied to the letter from logbook loans telling them the statement was a joke, iand im far from happy with their outcome on the matter. and to see if we can come to some sort of arrangement on the £1300 i had to pay as i could not afford this sum of money.

She replied 5 minutes later with:

Dear Mr xxxxx,

Thank you for your recent e-mail to us regarding your account.

Your correspondence has been passed to the Professional Standards Department for a full investigation and response. We aim to respond to all formal complaints within 14 days of receipt. Should you have any queries about your account in the interim please direct them to the repossessions department on 0844 209 0052.

Kind Regards

xxxxxxxxxxxxxxx

Professional Standards Officer

Log Book Loans

Now this is no good to me as i only have 6 days left to get the car back.. and they know that!!!

Im now thinking of cutting my losses and letting the car go, but i will fight till my last breath to make sure this thug gets what he deserves.

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:mad2:

Hi all,

 

I had a loan secured on my car going back last year,

after losing my job i was unable to keep up with payments

 

You must go straight back to the IDIOTS IN UNIFORM and report all you have spoken to for NEGLECT OF DUTY good idea to inform the Press as well---They use all sorts of lies to those not in the know, it is not allowed.

 

Yesterday i had a bailliff turn up at my door requiring possesion of my vehicle.

 

when i tried to get in to my car to retrive sum items he grabbed me by my neck and put me in a head lock trying to force me to the ground.

at this time my partner who was watching from the front door came running out screaming for him to stop, and he even went for her.

 

my 8 year old daughter was histerical and my dad had to come and take her away from the scene.

 

the bailliffs face was screwed up and he was like a possesed demon.

 

i am a 36 year olds and i am a very slim build. this guy was three times the size of me, and his excuse was he was resisting????

 

i have marks and cuts on my shoulder which have bruised up quite badly this morning and i had to take pain killers last night for the pain. i did managed to get 2 hours sleep.

what i dont understand is the police seemed to side with him saying the mark on my back does not justify an arrest. (i think they would say different if they saw my back today). and he was doing his job resisting me??

 

i have taken photos of my injury and sent them with my complaint to the loan company.

i just dont know what to do next as i just cant get it in to my head that he was allowed to get away with this?

can i re approach the police for a second opinion?

and to press charges?

the police basiclly said it was a civil matter and not criminal, but he assaulted me so whats civil about that..

 

Thanks for taking time to read my post and any help or advice would be greatly appreciated

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I was assaulted by an employee of Somerfield stores Ltd 3? years ago. Following initial complaint to police, no action taken. Generally, it seems not worth bothering with police complaint procedure as no satisfactory outcome is guaranteed, ditto with IPCC. Don't forget, the police can get away with murder (Brazilian/underground, for example). So I took my case to county court. Didn't take long to get a Court Order in my favour. Getting it enforced is a completely different matter. If you want details, reassemble this:

//sites.google.com site pmailkeey home court

h t t p s : / / / /

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I was assaulted by an employee of Somerfield stores Ltd 3? years ago. Following initial complaint to police, no action taken. Generally, it seems not worth bothering with police complaint procedure as no satisfactory outcome is guaranteed, ditto with IPCC. Don't forget, the police can get away with murder (Brazilian/underground, for example). So I took my case to county court. Didn't take long to get a Court Order in my favour. Getting it enforced is a completely different matter. If you want details, reassemble this:

//sites.google.com site pmailkeey home court

h t t p s : / / / /

 

since you have an unpaid court judgement, have you considered sending Bailiff's into your local store?

[sIGPIC][/sIGPIC]

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