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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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I wonder if this formal complaint will register as a black mark on the record or if Huntingdon District Council will get away with this.

 

Although the LGO has acknowledged failure of the council, they should have gone further and slammed some action to be taken and considered that several months unnecessary battling with the council is actually an injustice. It's not just a matter of £18.

 

Although the council eventually removed most of the fees, they wouldn't have done if the OP had given up or they'd levied the right vehicle. The levy/removal fee on the same day was never even considered because of this.

 

I'd liked to have seen something more along these lines:

Edited by outlawla
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I wonder if this formal complaint will register as a black mark on the record or if Huntingdon District Council will get away with this.

 

Although the LGO has acknowledged failure of the council, they should have gone further and slammed some action to be taken and considered that several months unnecessary battling with the council is actually an injustice. It's not just a matter of £18.

 

Although the council eventually removed most of the fees, they wouldn't have done if the OP had given up or they'd levied the right vehicle. The levy/removal fee on the same day was never even considered because of this.

 

I'd liked to have seen something more along these lines:

That's more like it outlawla

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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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From a legal standpoint, can they clamp his car for £18- such a small amount especially when the L/O has been paid?

 

I don't think they can, without a clamping order, but then these people are unlikely to stick to the rules as we know from experience

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 wonder if this formal complaint will register as a black mark on the record or if Huntingdon District Council will get away with this.

 

Although the LGO has acknowledged failure of the council, they should have gone further and slammed some action to be taken and considered that several months unnecessary battling with the council is actually an injustice. It's not just a matter of £18.

 

Although the council eventually removed most of the fees, they wouldn't have done if the OP had given up or they'd levied the right vehicle. The levy/removal fee on the same day was never even considered because of this.

 

I'd liked to have seen something more along these lines:

 

I would like to see more of these sent to the councils.

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Any news to report....

 

I am on holiday i will be back on 26th and then will see how to take it further.

 

i did call the council before leaving to holiday as i did received text from bailiff for 2 fees so called asked the guy who is dealing with the case and went apologized and said will instruct bailiff to only charge one visit fee .

 

i also asked so who is taking the responsibility for all this mess his reply was well LGO said bailiff are entitle to one visit fee so i should pay it now and finish this matter.

 

i asked him again what about my time and stress they caused i need someone to be hold account who will take responsibility for it and when i was happy to pay them first fee you and bailiffs refused to take it and wanted to charge me more well i need someone to pay for my time and stress his reply was no comments on this matter.

 

i said to him i will take it further his reply shocked me by saying that there is no where else you can take this matter LGO was it and they are not taking it further so you should consider paying.

 

well i am not giving up i have emailed my MP but no reply so far

 

and also called Newspaper they called me and took the story on the phone and said they will come back to me and it looks like they are not interested .

 

i will try to convince the police to take this case when i will come back if that did not work i am willing to go to court i am determent to take these people down .GOD knows how many other have been there victim by getting charged unfair charges and council is backing them up.

 

i have also asked the council to provide me the name of the bailiffs visited my property and he agreed to send me the information now so far no email maybe they have posted so waiting to get back and look for post

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.....i also asked so who is taking the responsibility for all this mess his reply was well LGO said bailiff are entitle to one visit fee so i should pay it now and finish this matter.

 

i asked him again what about my time and stress they caused i need someone to be hold account who will take responsibility for it and when i was happy to pay them first fee you and bailiffs refused to take it and wanted to charge me more well i need someone to pay for my time and stress his reply was no comments on this matter.

 

i said to him i will take it further his reply shocked me by saying that there is no where else you can take this matter LGO was it and they are not taking it further so you should consider paying......

 

 

Newlyns must have someone on the inside at the LGO, because the report you posted is only the investigator's Provisional View.

 

You have the opportunity to make further representations before the LGO issues its Final Decision.

 

The LGO are not likely to tell you this but you are then entitled to Appeal the Fianal Decision, so how have Newlyns decided already they are not taking it further?

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Newlyns must have someone on the inside at the LGO, because the report you posted is only the investigator's Provisional View.

 

You have the opportunity to make further representations before the LGO issues its Final Decision.

 

The LGO are not likely to tell you this but you are then entitled to Appeal the Fianal Decision, so how have Newlyns decided already they are not taking it further?

 

It's the council who told me that LGO will not investigate further .

 

LGO lady that investigated the case told me LGO will not investigate any case under £100 so that is the reason why but I asked her if she kindly just highlight the mistake which she did and it is helping me lot now I think newlyn and council knew about this limit of £100 and they just kept pushing me to pay and when LGO got involved they dropped the charges under £100

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You still haven't had a final decision from the LGO (have you?) Besides, the case is about much more than £100. Your complaint is about the council more than the bailiffs and this has cost far in excess of £100 dealing with your MP, formal complaints etc. etc.

 

This is taken from the LGO's website: "Note on interpretation of local authority statistics" Take notice of "Exceptional Power to Investigate".

 

For all complaints in 2011/12 they are:

 

Not investigated

 

These are cases where the Ombudsman has decided not to investigate for one of the following reasons:

  • No power to investigate: There are some things the law does not allow them to investigate, such as personnel matters, and matters that affect all or most of the people living in a council’s area.

  • No reason to use exceptional power to investigate: For some matters, while the law says the Ombudsmen should generally not investigate, it gives an exceptional power to do so.

  • Investigation not justified and other: In addition to the law not allowing the LGOs to investigate certain matters, there will be some complaints where the LGOs use their general power not to pursue the complaint. This can be for a variety of reasons, including that the injustice claimed does not warrant the public expense of the LGO’s involvement or that another organisation could deal with the matter better.

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  • 4 weeks later...
LGO,s Final decision the complaint will not be pursued further

 

The £15million or so the LGO costs the taxpayer each year is obviously not being very well spent. Not enough allocated to investigations, more likely it's going on the salaries and pensions of ex-council executives who've been put out to grass.

Edited by outlawla
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As Outlawla has stated above, wht you have received is merely the PROVISIONAL view and it will NOT got any further UNLESS you make further representation.

 

The "ball is now firmly in your court" !!! However...do not delay.

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As Outlawla has stated above, wht you have received is merely the PROVISIONAL view and it will NOT got any further UNLESS you make further representation.

 

The "ball is now firmly in your court" !!! However...do not delay.

 

LGO already made final decision as i was on holiday and i didn't get chance for further representation i called today just waiting for the investigator to call me back

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Call from LGO Investigator on the case she didnt knew i was on holiday otherwise she would have changed the dates .She asked me i can write in to her superior to look into the case which the Superiors can look into her decision and will see if i got good strong evidence so they open the case again .

 

Also got 2 names from Council but they dont seem to come up on this website list http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search=Newlyn+plc

 

and emailed council to provide me more info on these bailiffs and there reply is below :

 

Dear Mr ***,

 

They do not belong to a specific court, as they are not High Court Bailiffs.

 

I’m afraid I’m not in the office from 10am, but you may find what you want on the Ministry of Justice website.

 

Regards

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.....and emailed council to provide me more info on these bailiffs and there reply is below :

 

Dear Mr ***,

 

They do not belong to a specific court, as they are not High Court Bailiffs.

 

I’m afraid I’m not in the office from 10am, but you may find what you want on the Ministry of Justice website.

 

Regards

 

Clearly as your link shows, Newlyns bailiffs do belong to a specific court, or at least 142 of them do.

 

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search=Newlyn+plc

 

Perhaps Huntingdon District Council are never going to learn....

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Dear Mr ***,

 

They do not belong to a specific court, as they are not High Court bailiffs.

 

I’m afraid I’m not in the office from 10am, but you may find what you want on the Ministry of Justice website.

 

Regards

 

:twitch:

 

Are they serious!!

 

Council workers really need to learn about the job they do.

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Northampton County Court Traffic Department are now in charge of the Bailiff Register

Called Northampton county court they said these bailiffs are not from there court so now I am really getting confused who they belong to ??????

Edited by Tariq2009
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The traffic division keep the register, you do have to spend all day phoning all over the place including the Minstry of Justice because they don't realise what they should be doing, you will also receive a different reply from everyone you phone. Once you manage to find someone who know what a bailiff register is, ask them to check it, phone again 5 minutes later and speak to someone else and you will be given a completely different answer. If you give them your email address and ask them to put the information in writing you will get contradicting information about whether or not a bailiff is on the register which is annoying as this information is so important. I am in the middle of writing a report on my experience trying to get at least 2 people to give me the same information at the moment I have 8 different versions none of them the same, you will be told private bailiffs are separate from the Court and there is no information held about them, Northampton County Court only know the names of the bailiffs who work for the Court, - good luck!

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  • 3 weeks later...

this is second time i approached the local news paper and guess what second time still they are saying that they have raised the issues to the council and still no reply .Any one can give me some idea how to get this in the Media so i can nail these bunch of Liers

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this is second time i approached the local news paper and guess what second time still they are saying that they have raised the issues to the council and still no reply .Any one can give me some idea how to get this in the Media so i can nail these bunch of Liers

 

Local newspapers rely heavily on council advertising revenue (in effect council taxpayer's money).

 

Be careful with this. Even if they do publish something, the council will make sure what goes to print is distorted in their favour, unless of course you can guarantee the paper more revenue than the authority pays.

 

EDIT:

 

Did you send them this:

 

Huntingdonshire District Council, section 3, page 9

 

And this.....

Edited by outlawla
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