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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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      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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i dont really no where to post this im having problems with bristow and sutor,i have a council tax arreasrs of 1140 which went to 1549 the bayliff attended but i was out so i rang the number on the letter posted through the door ,on that particular day i had been called to the hospital as my mom had bowel cancer and had had her bowel removed the day before i rang the bayliff who asked me to find someone to lend 900 pound from i was so scared and just wanted to get to the hospital the bayliff was patronising and nasty,i paid 650 on my father in laws credit card and they said they would be in touch ,i wrote to b&s explaining my situation and that my finances had been left behind since sept since my mom was diagnosed with cancer ,they wrote back and didnt even raise concerns about there baliffs conduct ,just to say pay 270 monthly which i couldnt afford,so today im in bed with sick bug when they banged on door with van i ignored this and a letter was placed through my door telling me to phone and pay 1000 please help :???:

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Has the bailiff been into your home do they have a levy of so can you list please

 

Charges sound wrong

You do not need to deal with the bailiff no phone call no text no nothing

 

There is no right of entry for the bailiffs no locksmith no nothing

Any payments direct to the council that way a payment history will stack up

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Ask the council

How many liability orders they have/had for you

How much was each one for

When were they obtained

When were they passed to bailiffs for enforcement.

 

Then send this to the bailiffs

 

"From:

My Name

My Address

 

To:

Acme bailiff Co

bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a Breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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thankyou for replying,no levy has been done,i did tell him this on phone in december but he said didnt need one as they just want the debt paid now,and couldnt except anything less then £900.i have emailed the council asking them to take my debt back and asking what my initial debt is ,also explaining the baliffs conducts,i will wait to hear from them and then contact b&s with the figures,i will also make a payment through the council website tomorrow.so if they return tomorrow i am to ignore them is this right many thanks

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Keep the bailiff out no right of entry no nothing

 

pay council using correct reference number

 

If you have a car garage it away leaving it on the drive is a invitation for a levy

 

The bailiff can ask all they want bailiffs lie

 

Bailiffs will say they have a court order,distress warrant in reality it is a liability order nothing else

 

Keep bailiffs out pay council :-)

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If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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the letter they posted isnt a court order or anything else where there able to get in then ,it was wrote in big red letters seizure of goods today wrote on it

 

They think it will scare you into paying them

The bailiffs will try to convince you that you need to pay them

and can be by payment arrangement but they must come in for that to happen

KEEP THEM OUT!

whatever there wording still a liability order nothing else

 

Car and anything of value in the garden is at risk of levy

you will break NO LAW by refusing to deal with the bailiff

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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thankyou for your advice it has set my mind at rest for if they visit tomorrow i have a mother with cancer and a father whos had a stroke due to my mother,so dealing with a baliff should be a walk in the park for me . im hoping the council will reply tomorrow,so i can then send the breakdown letter,he also said on the phone in december they dont need a levy ,they are able to levy and take ,so this was a blatant lie,being able to lie and bully is surely not in a baliffs code of conduct

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what a horrible situation you are in lets hope things start to improve

 

The bailiffs may not turn up when they say they will!

It is possible you may fall into the vulnerable category with the issues you have

 

It may be worth contacting the council and letting them know your situation

if they don't help your local MP should help

 

don't believe a word that the bailiff comes out with they think they have special powers.........

 

They do talk dribble and keep a clean shirt:wink:

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Looks like most bases covered I hate bailiffs, all I would add is that if the bailiff gets load and starts shouting about prison, locksmiths etc, film or record his threats through the letterbox or window, to use in any Formal Complaint, he cannot stop you filming him whatever carp he spouts about his permission data protection, 'uman rights etc. there is no law that says you cannot, and a domestic CCTV system doesn't come under DPA registration either. Also hide any car to stop him levying it.

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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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thankyou brassnecked and plodderton,i have emailed the council with my whole issues regarding this matter and will contact my mp if i hear nothing back tomorrow,with what ive been thru since last august im sure i can deal with a baliff,i will keep you informed

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carryonnurse

 

 

I am so sorry to hear of your dreadful personal problems and I do hope that your mother (and father) recover from their illness. At the very least you should at present be considered as vulnerable in accordance with the National Standards for Enforcement Agents.

 

In the morning it is most important that you obtain the precise amount of the Liability Order from THE COUNCIL.

 

Also advise the council of your mother and fathers illness

 

Advise the council that you have made payment of a significant amount to the bailiff.

 

Do you have a car and has a bailiff "levied" upon it?

 

If no levy has been made, you MUST ensure that you car is not parked outside of your home.

 

You should NOT allow the bailiff into your home.

 

Please post back tomorrow when you have further info.

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so council informrd my initial debt was £1200,i asked to speak to someone in revenues still awaiting call back have since emailed revenues again,no answer,i rang b&s this morning as well when i asked the woman for the formal complaints procedure and to ask if they had a ceo of the company she put the phone down on me,i rang back and spoke to a different lady who said i must speak to the baliff now as there out for me today and want money,i told her i wouldnt be in as i have to go and care for my mom today ,she said you need to speak to the baliff its out of our hands ,very rude and extrememly unhelpful ...

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Yes they get their telephonists from Rentabitch so not much point talking on the phone to them. They don't do politeness. I know the bailiffs threaten to come round soon, but once they have charged

you for 2 visits [whether they have visited twice or not] they tend not to come so often since they can't charge for those visits. So you don't need to do everything quite so urgently on the phone-a letter will do.

 

I know it might be difficult, but try not to panic and follow the advice from the guys on here . Just don.t answer the door If they do come then there is nothing they can do. Pour yourself a glass of scotch and enjoy it while they are outside [hopefully in the rain ] getting annoyed and frustrated. You are the one with the power. After they leave, pour yourself another scotch.............Works for me, hiccup.

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  • 2 weeks later...

hey just an update recieved complaints form from b&s which is mindblowing it states they can break in they can ask neighbours etc if youre in its great reading,i had a reply from my mp who was digusted at how i was treated etc and has been in touch with the chief exec at the council and asked them to prioritise my complaints ....so i shall wait response from the council

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hey just an update recieved complaints form from b&s which is mindblowing it states they can break in they can ask neighbours etc if youre in its great reading,i had a reply from my mp who was digusted at how i was treated etc and has been in touch with the chief exec at the council and asked them to prioritise my complaints ....so i shall wait response from the council

Could you post up the reply please?

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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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Sounds as if it may be copyrighted to Brothers Grimm or Hans Christian Anderson, bet it starts "Once upon a time".

Either that or it specifies the debtor must supply "lashings of ginger beer" as they favour the Enid Blyton book of bailiff fees and practice

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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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