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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
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      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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wE ARE CUSTOMERS OF POPULAR SUPER STORE IN ENGLAND

 

FOR LAST 3 YEARS.

MY WIFE WAS SHOPPING IN THE STORE

 

THIS MORNING HAD A CHAT WITH SOME ONE THEN SHE MISTAKENLY LEFT THE STORE AUTOMATIC DOORS

BUT SHE TURN AROUND BECAUSE SHE RELISED THAT SHE NEVER PAY FOR THE ITEMS.

 

SAME TIME THE SECURITY GUY WAS STANDING BY HER & TOOK HER INSIDE WITH THE ITEMS.

 

SHE TOLD THE STAFF THAT THIS HAS BEEN A HUMAN ERROR & SHE IS READY TO PAY FOR THE ITEMS.

 

BUT THE SECURITY GUY WAS REFUCED TO LET HER TALK.

 

THEY TOOK THE MONEY OUT OF HER CARD & GOT HER PERSONAL DETAILS ( ADRESS , DATE OF BIRTH , ETC)

GAVE HER A CONDITIONAL NOTICE BANNING HER TO ANY SUPERSTORE IN UK.

 

WHEN THIS INCIDENT HAPPEN, I WAS NOT THERE BUT I'M 100% SURE SHE IS NOT SHOPLIFTING

 

.. SHE IS NOT BRITISH & HER ENGLISH IS NOT EVEN BASIC

BUT THEY HAVE TAKEN A SIGNATURE FOR A LETTER FROM HER WHICH SHE CAN'T UNDERSTAND.

 

SHE IS SO UPSET WITH WHAT HAPPEND & SHE EVEN DON'T TALK TO ANY ONE INCLUDING ME .

 

WE ARE A FAMILY WITH ONE CHILD & WE ARE IN EMBARRASING SITUATION BECASUES OF THIS MATTER.

 

SHE JUST NEED TO PROVE THAT SHE IS NOT A THEIF. PLEASE HELP. THANK YOU..

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Hello and welcome to CAG. It's very possible that you have nothing to worry about.

 

Is there any chance you could put some spacing into your post please? [There is an Edit Post button on the bottom right of what you wrote.]

 

Fwiw, writing in block capitals equates to shouting but I'm sure the guys will understand that you're upset. They should be along soon.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hang on. If the goods were paid for as you described then the store has no case and has even banned you unfairely.

 

If you werent allowed to take the goods after payment was made then the only party that stole anything was the shop.

 

Also being forced to sign a document she couldnt understand could be classed as racism. Especially given the details you described.

 

As another poster said. Name and shame the shop and also provide more detail.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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That was ASDA superstore.

She was with my little daughter ( 4 years old) at that time.

 

Police were not informed but they were taken in to a inside room by the security guy.

 

When she tried to explain what happen with her little English the security guy told her that he has no time to listen to her.

 

Then they asked her that she can speak Hindi ( Indian language) but my wife told them she only know little English & her native language.

 

They asked her to pay for the goods & take the signature on the paper( she did not know whats in there).

 

As per my wife these people had a conversation in Indian language other than English.

 

I would say we would die in starvation but we will never steal from others.

 

I'm not inflating things but she did not eat since afternoon & my little one also so upset because her mom is not normal today.

 

I would so very grateful to you if you could give us some advice how to clear her name from this shame.

 

thank you for your support.

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pers i'd ignore it

 

she has paid for the goods now.....matter resolved

 

 

have you had any letters demanding money?

 

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... 

 

 

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Hi surf

 

They should have given her a receipt if she's made a payment. Did she pay by Credit Card?

 

Write a Formal Letter of Complaint mark it as such. Explain whats happened (that your wife got distracted and was remiss in not paying for the goods and it was not intentional), how they have let your wife down (subjected her to an ordeal - she didn't know what was going on, they took payment but she wasn't given a receipt, made to sign something when she didn't understand what she was signing because of the language barrier' and what you want them to do.

 

Send it to:-

 

Andy Clarke, Chief Executive

andy.clarke@asda.co.uk

 

Some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

 

 

Not yet . it was only happend yesterday. but they never given her recipt for the payment.
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Wait. Was the card put throufh the checkouts, or did they simply just copy the details? If it was just the details then you must get that caed cancelled asap.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok. Then they have no case at all. If you get any letters then let us know, but for now just get on with life.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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