Jump to content


  • Tweets

  • Posts

  • Our picks

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

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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
        • Like

What is a realistic charge for a bailiff attendance?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4162 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Consideration should be taken into account for costs of the bailiff(s), transport, time and the running of the business (back office)
Really ?

 

Irrespective of the number of warrants served ?

That is preposterous.

You need to revisit fixed and variable costs/overheads (and appropriate tax relief). Say for example, and for ease of numbers, that it costs your business 500,000 gbp p.a to run the back office and bailiffs etc. And you only get 5 warrants to enforce in that financial year.

Your stance would put the total claimable fees per warrant at 100,000 gbp (assuming all were satisfied and ignoring the profit element). If you got 500,000 warrants it would put the total claimable fees per warrant at 1 gbp per warrant (assuming all were satisfied and ignoring the profit element). Are you proposing a floating fee that goes down if you get moire warrants to enforce ? I think not. Sure there are costs of entry into the market place and critical mass issues - but they are there for all businesses to deal with.

Yours included.

Your suggestion would kill off the smaller, and so more agile and innovative, companies and reduce the field to just behemoths. And we all know that that leads to only to oligarchic pricing and customers being screwed And your industry has many vulnerable customers.

You get your business model wrong, and that includes you agreeing bad bargain contracts, and the consequences are yours. Across the industry as a whole outrageous charging is endemic (look at the Council parking tickets forum !) there is no 'one spreadsheet solution'. It is not a case of one size fits all. Easy answer to charges conundrum ?

Pay all bailiffs of whatever type a fixed salary. That won't stop certain well known companies from pressuring their bailiffs to ramp up the charges of course but it will level the playing field and highlight them, then they can be dealt with.

  • Haha 3
Link to post
Share on other sites

  • Replies 112
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Then there will be 'problems' with the arithmetic and all sorts of amounts will be taken. Where is the line drawn that leaves someone enough to live on ? If that is a consideration at all, which is doubtful.

Edited by lamma
Link to post
Share on other sites

But a certificated bailiff is not acting as a certificated bailiff when enforcing CPE parking tickets, he/she acting is merely in the capacity of a private bailiff and no more than that. Why on earth should a private bailiff get the same fees ? More so as in CPE matters when the vast majority of the back office function and costs etc are carried by the council and not be the bailiff. Except of course where the council has outsourced a lot of the work to the bailiff company. in which case the bailiff company has already been paid for it. Double dipping perhaps ?

Link to post
Share on other sites

"Of the debtor's that do want to clear what they owe most go into payment arrangements. Yes,there are fees added to the debt but that is the price of avoiding it." What on earth kind of thinking or logic is that. Agreeing a payment arrangement is not "avoiding it" at all. the entire context of your post was about payment not about the levy. it is clear that by "it" you refer to payment. I am sorry to say that your comment clearly indicates your blinkers. Please be accurate and factual. Then again being accurate (with charges) and sticking to facts (wrong address, wrong person, wrong car) does not seem common in your line of work. Such a gross misstatement from a HCEO is troubling. In any business there will those that won't or can't pay. Times are hard but it seems that bailiffs want to be lifted from that and have the public carry the consequence. the general public are fed up with that now, they have had enough of it.

Link to post
Share on other sites

"Clearly the most complained about enforcement is that by certificated bailiffs under the Distress for Rent Rules - CT, Parking, Mag Fines". More slanting. CT and Mag Fines have their own sets of conditions and applicable law. Both of which are different from each other and from those used for Parking. the first two are are more analogous to execution than to the common law right of a landlord to distrain for rent. I find it disengenuous and misleading for them to be grouped together as "Distress for Rent". For example: Parking PCNs in CPE areas are enforced by an agent of the council acting in the capacity of a mere private bailiff. They are certified but they do not act in that capacity. True they are certifoe but for all the power that gives them the condition may as well be that they are a Pisces. Similarly it is not "under the Distress for Rent Rules", it is "as if" they were were. There is a difference. the "as if" and the certificate are mere window dressing that give the colour of law so that the council can behave as a landlord. "As if" is not "is". Try driving "as if" the speed limits do not apply. QED. I will not go into the Three-card Monte that is CT enforcement, that is well known already.

Edited by lamma
Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4162 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...