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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.

      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.

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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.
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      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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Bailiffs - the true horrors - The Exposure TV documentary - Rossendales - Comments


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Another "Documentary" which completely misses the point,

 

Boast is a T*$$er who would brick himself if he had to face up to someone who could fight back, it is always easy to act hard in front of people who cower, less so when they have some fight in them.

 

The whole program was designed solely for deniability, it was a one off, one rogue operator. the whole system is crooked from the lowlifes who kick in pensioners doors right up to the shareholding MP's - councils should be forced to deal with such matters in house and employ their own enforcement people, then they could not hide behind the whole "he doesn't work for us" argument

 

Hi spamheed

 

long time no see hope you are well?

 

You have the chance to put your experiences and opinions into print..............have you done so?

 

WD

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From Bankfodder

 

If you have had any direct expserience of mistreatment by a bailifflink3.gif or you have suffeed excessive and unlawful bailifflink3.gif charges, the Sunday Times would like to talk with you.

 

If you would like to talk to the Sunday Times about this, please email me on our adminlink3.gif address (click the adminlink3.gif link).

 

Please put Sunday Times in the subject

 

Ta

 

URGENT!

 

Is this one for me?

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WD

You are being given a chance to SPEAK OUT further as the post suggests by contacting the Sunday Times with this experience have you done so?

Not only with the Times, but with every newspaper and journalist in the country. Emma Cruces of the Lancashire Telegraph has done an admirable exposition but she too has hit a brick wall with inept politicians. One has to remember that Jack Straw covered his backside by initiating an investigation who then kept all the members of the Miller family away from the investigation who would query the line of questioning. It was the same investigative policy used on major scandals as the Dodgy Dossier and the MP's Expenses which so restricted the scope of those inquiries as to make them meaningless. It does not help when you produce evidence to the MP's directly attached and one replies "it is beyond my scope as I am not a lawyer." If the c**t takes the pay then he has a duty to at least to read the evidence. Afterall, he/she is there to make law so he can formulate an opinion of his own? :whoo: If not he should be kicked out. My Old Parade Boots would be ideal for the purpose.

Just for the record, had not Rossendales offered a public defence at the last moment, you would have had a full account of Andy' death on that programme. Maybe ITV could be convinced now to show it with Jack Straw answerable directly to a well informed brief for the Miller family? :evil:

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In your case 1Loretta, that is a definite yes, but as the dutti babylon have sided with the bailiffs and the incompetent CPS have kept going and you have been chargedthey may keep your case back until you have won, then the Sunday Times may well lay into them

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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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Mine is dragging on I need a swift end to it thought they may be able to do that and as seanamarts has said follow mine from where I am at the moment I hate it that the council is using the sub judici excuse to not do anything. Can someone do me a link to Sunday Times, computer illiterate

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Yes 1Loretta go for it :) Maybe they could follow your story

 

I was thinking the same thing but they may not want to use it at the moment because of the court case

 

they could go through the whole thing with her from start to finish(including a reporter being in court ) and use it as a follow up story

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Reporter in Court sounds good, it looks as if I will have to represent myself, can't seem to get legal aid sorted out, being self employed seems to confuse them, solicitor now asking for £1500 to prepare case, more for appearing in Court on 21st November, I am trying to raise this and he knows nothing I will have to write it all up for him, solicitor was there when I was interviewed by police but clearly knew nothing because in the bailiff's statements they said they had foot in door, stood in the way of OH trying to close door, physically restrained me and lots more, me covered in scratches and bruises, door frame damaged, he should have stopped it immediately but did not have the knowledge. if anyone knows a solicitor in or around Sussex who actually knows anything about bailiffs I would rather pay them, somehow, than trying to teach a solicitor who knows nothing

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See below for the reaction from Hounslow Council....

 

As you will see, their Council leader is quoted as saying that he was "appalled" by the racist comments shown on the programme.

 

http://www.hounslowchronicle.co.uk/west-london-news/local-hounslow-news/2011/11/01/council-leader-appalled-by-racist-bailiff-tape-109642-29701201/

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From Bankfodder

 

If you have had any direct expserience of mistreatment by a bailifflink3.gif or you have suffeed excessive and unlawful bailifflink3.gif charges, the Sunday Times would like to talk with you.

 

If you would like to talk to the Sunday Times about this, please email me on our adminlink3.gif address (click the adminlink3.gif link).

 

 

 

Please put Sunday Times in the subject

 

Ta

 

URGENT!

 

Is this one for me?

 

Mine is dragging on I need a swift end to it thought they may be able to do that and as seanamarts has said follow mine from where I am at the moment I hate it that the council is using the sub judici excuse to not do anything. Can someone do me a link to Sunday Times, computer illiterate

 

 

lorretta, you dont need a link to the Sunday Times.. you need to send an email to BF on the admin link.. Put "Sunday Times" in the subject heading.

 

[email protected]

 

Make sure there are no spaces in the email address when using it. :)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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See below for the reaction from Oldham Council to the TV exposure.....

 

http://www.oldham-chronicle.co.uk/news-features/8/news/62686/council-to-rein-in-bailiff-service

 

If they do as they say well hopefully things will be better, but some councillors seem to want to keep the bailiffs

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Please forgive me if this has been sugested before , ( being a newbie!! ) but as I understand it , if there are over 100,000 signatures on a particular topic , doesn't the MP's have to discuss it in the commons?. I appreciate that getting the number of signatures would be difficult but at least it would get TV air time which apart from the documentary the other night , very few people have any idea how these crotch lice opperate.

Light travels faster than sound...............that's why some people appear bright until you hear them speak.

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china blue.. yes 100,000 signatures are required for an issue to be raised in the HoC..

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As you will see, their Council leader is quoted as saying that he was "appalled" by the racist comments shown on the programme.

 

 

Hardly surprising since Hounslow Civic Centre is 90pc Asian occupied, from the mayor downwards.

 

I hate to say it because I will be accused of being racist probably, but Hounslow has gone downhill a lot in the past 25 years

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I hate to say it because I will be accused of being racist probably, but Hounslow has gone downhill a lot in the past 25 years

 

Well, whatever it is makes an area go 'downhill' (and lets face it, places do for many different reasons), that does not give someone like Mr Boast the right to treat the people of that community as if they are second rate citizens. He has no right to kick people when they are down.

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Well, whatever it is makes an area go 'downhill' (and lets face it, places do for many different reasons), that does not give someone like Mr Boast the right to treat the people of that community as if they are second rate citizens. He has no right to kick people when they are down.

 

If Hounslow has gone down hill perhaps it is because **** like Mr Boast have visited

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Perhaps there should be a follow up programme with regards to public responses. What Mr Boasts did is common practice with most bailiff companies. This is what they are taught to do. They have no respect for any one even the guidelines that are set out for them. It seems that one they are certificated their ego's expand, and think that they can act way above the law.

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In the case of Andy Miller, a complaint to the IPCC was upheld but nothing happened. The assault against the children was timed out - put whatever legal jargon you want on it - and a coroners decision that he died of natural causes stands. It's like the Hillsborough Coroner saying that the 97 victims committed suicide.

To get sound legal advice outside of the capitol seems impossible. The legal profession have turned out to be a hindrance. One has to be very wary because too many lawyers misrepresent themselves and their own capabilities. There is one valid way to stop this legal abuse, sue the bas**rds. Don't complain to their Ruling Body as they will tie you up in legal frippery.

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Perhaps there should be a follow up programme with regards to public responses. What Mr Boasts did is common practice with most bailiff companies. This is what they are taught to do. They have no respect for any one even the guidelines that are set out for them. It seems that one they are certificated their ego's expand, and think that they can act way above the law.

 

Totally agree seanamarts, but perhaps they can go more in depth and cover the assaults by bailiffs, and the police collusion that is swept under the carpet. Mr Boast came over as if he thought he was Judge Dredd, but without Stallone's deadpan humour, as in I AM THE LAW

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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I also think there should be a follow up program, in fact at first i thought it was to be a series! i agree with the above, In what other industry can anyone be trained in DEMANDING MONEY WITH MENACES! other than crime! but with crime there is no police assistance!

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From the Ormskirk & Skelmersdale Advertiser

 

CONCERNS RAISED OVER USE OF BAILIFFS BY WEST LANCASHIRE COUNCIL AFTER ITV1 DOCUMENTARY EXPOSURE: BAILIFFS

 

Ormskirk & Skelmersdale Advertiser ITV1 DOCUMENTARY EXPOSURE: BAILIFFS

 

Julie Green-Jones, Rossendales chairperson, told the programme:

 

"There are only currently guidelines for bailiffs to operate within, and while we have been calling for regulation and legislation for some years, we need action now. His actions certainly do not reflect Rossendales values and principles. Since our formation in 1972, we have had continual positive feedback from clients."

 

For a woman who chairs a firm enforcing alleged Council Tax debt for roughly 150 local authorities, you would hope she'd know there are in fact regulations and legislation in place to protect the public from bailiff's malpractice.

 

The Council Tax (Administration and Enforcement) Regulations 1992 (As amended) – relied upon by councils to permit the instruction of bailiffs – can be found within them, regulations which govern how bailiffs should operate. The two most notable of these are found in PART VI (Enforcement), under R(45) Distress and R(46) Appeals in connection with distress. The fees bailiffs can charge are found in Schedule 5 of the same regulations (Charges connected with distress). The distress for Rent Rules 1988 has similar legislation which provides a complaint facility (Form 4) which allows those aggrieved by bailiff malpractice to submit the complaint to the County court which issued the bailiff's certificate. Unfortunately, Judges dealing with these complaints tend to side with the bailiff and any justification to the complainant for their decision, doesn't seem to be a requirement.

 

Of course legislation in the Fraud Act 2006, theoretically protects the public from much of the malpractice you are likely to encounter with these bailiffs. Unfortunately the Police have no interest in applying this legislation in instances where bailiffs have defrauded or attempted to defraud alleged debtors; either this or their hands are tied. Similarly the Data Protection Act 1998 is in place to protect the public against breaches of confidentiality. The Information Commissioners Office should step in where bailiffs have breached this with alleged debtors, but it seems they let it go and are not interested in formally dealing with them.

 

So there you have it, the problem is not so much a lack of regulations and legislation, rather the authorities would prefer to turn a blind eye and pretend it doesn't exist.

 

Wait! I'm forgetting something. Independent organisations like the Local Government Ombudsman and the Citizens Advice Bureau are in place to protect the public and would surely take up your case wouldn't they?

 

Nah, not really, I wouldn't bank on it.

Edited by outlawla
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From the Ormskirk & Skelmersdale Advertiser

 

CONCERNS RAISED OVER USE OF BAILIFFS BY WEST LANCASHIRE COUNCIL AFTER ITV1 DOCUMENTARY EXPOSURE: BAILIFFS

 

Ormskirk & Skelmersdale Advertiser ITV1 DOCUMENTARY EXPOSURE: BAILIFFS

 

Julie Green-Jones, Rossendales chairperson, told the programme:

 

 

 

For a woman who chairs a firm enforcing alleged Council Tax debt for roughly 150 local authorities, you would hope she'd know there are in fact regulations and legislation in place to protect the public from bailiff's malpractice.

 

The Council Tax (Administration and Enforcement) Regulations 1992 (As amended) – relied upon by councils to permit the instruction of bailiffs – can be found within them, regulations which govern how bailiffs should operate. The two most notable of these are found in PART VI (Enforcement), under R(45) Distress and R(46) Appeals in connection with distress. The fees bailiffs can charges are found in Schedule 5 of the same regulations (Charges connected with distress). The distress for Rent Rules 1988 has similar legislation which provides a complaint facility (Form 4) which allows those aggrieved by bailiff malpractice to submit the complaint to the County court which issued the bailiff's certificate. Unfortunately, Judges dealing with these complaints tend to side with the bailiff and any justification to the complainant for their decision, doesn't seem to be a requirement.

 

Of course legislation in the Fraud Act 2006, theoretically protects the public from much of the malpractice you are likely to encounter with these bailiffs. Unfortunately the Police have no interest in applying this legislation in instances where bailiffs have defrauded or attempted to defraud alleged debtors; either this or their hands are tied. Similarly the Data Protection Act 1998 is in place to protect the public against breaches of confidentiality. The Information Commissioners Office should step in where bailiffs have breached this with alleged debtors, but it seems they let it go and are not interested in formally dealing with them.

 

So there you have it, the problem is not so much a lack of regulations and legislation, rather the authorities would rather turn a blind eye and pretend it doesn't exist.

 

Wait! I'm forgetting something. Independent organisations like the Local Government Ombudsman and the Citizens Advice Bureau are in place to protect the public and would surely take up your case wouldn't they?

 

Nah, not really, I wouldn't bank on it.

 

nail and head Outlawa, agreed. theere are safeguards in place, but like lifeboats on the titanic, used incompetently, and they are insufficient.

We could do with some help from you.

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A West Lancashire Council spokesman said: “We have used the bailiff services of Rossendales for more than 20 years and have not received any complaints about them in relation to this matter.”

 

The person who said this is either

a) badly briefed

b) forgetful, or

c) a liar

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