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    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though. A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees. https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MoJ confirmed today that Meetings are taking place towards implementation of the overhaul of the Bailiff industry !!!


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I have just received a copy of the following Press Release from CCR-Public Sector:

 

 

 

MoJ begins bailiffs law meetings

 

Tuesday, 19th March 2013

 

The Ministry of Justice has confirmed to CCR-Public Sector, that meetings have started in London, between the various interested parties, to move forward implementation of the government's proposals for bailiff law and certification overhaul.

 

 

The working groups have started and include:

 

· Debtor Group

 

· Advice Sector

 

· Enforcement Industry Group

 

· Local Authority Group

 

· Interdepartmental Working Group

 

· The Enforcement Law Reform Group.

 

Each working group has a selection of representatives, drawn from a wide range of government departments, enforcement companies and the debt advice sector, including Citizens Advice.

 

Implementation of all changes, as the MoJ has previously said, will be in 2014.

 

An official spokeswoman told CCR-PS last Friday: "The working groups will be meeting over a number of weeks, at the MoJ in London, to look in fine detail at the government's intentions, which have been based largely on the more than 200 responses to last year's bailiff consultation. It is the government's intention to rein in 'aggressive bailiffs' and ensure vulnerable debtors are treated fairly."

 

MoJ minister responsible for bailiffs, Helen Grant MP, is heading the government team.

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I will certainly be attending and hopefully the Minister will also attend.

 

I am sure that she is a very busy lady but....we must not lose sight of the fact that bailiffs are collectors of GOVERNMENT debts and that regulation of this industry is crucial....

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We know you will be able to illustrate what is wrong with the present set up, so go get 'em TT

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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Given that consecutive governments have been talking about reforming the bailiff industry for MANY years my personal opinion is that if this promised regulation does not proceed...there will be be MAYHEM !!!

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Given that consecutive governments have been talking about reforming the bailiff industry for MANY years my personal opinion is that if this promised regulation does not proceed...there will be be MAYHEM !!!

Not changing bailiffs is not an option, if the current system continues, Marston's or one of the others will kill either a debtor, or an innocent third party, Marstons are in the lead with the case of the third party pulled down the stairs and left disabled.

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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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Only yesterday there was yet another case in the paper of a debtor being jailed for attacking a bailiff. Another similar complaint has just been in court regarding an incident with a double barrel shotgun. The Judge was highly critical of the bailiffs ( I will be posting a new thread on this case).

 

Yesterday I was contacted by a debtor who spent 6 hours in the police station on Saturday for cutting a clamp off his car ( in front of police officers). These stories are just the "tip of the iceberg" and there are countless other such stories each and every day.

 

My personal opinion ( and I do not want to appear alarmist) is that in this most serious of recessions, unless the industry changes quickly I can see somebody being very seriously injured.....or even worse ( I do not need to spell out what I am referring to).

Edited by tomtubby
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Just need a few more cases like tt has mentioned, but different as the owner cutting off the clamp and arrested was not the debtor, but was a third party, and the police end up stumping up compensation for wrongful arrest and unlawful detention, then the innocent sues the bailiff for any other consequential loss. The cases then being well publicised in the press

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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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Given that consecutive governments have been talking about reforming the bailiff industry for MANY years my personal opinion is that if this promised regulation does not proceed...there will be be MAYHEM !!!

There already is. History shows us that Governments incrementally increase the powers of their on-street enforcers.

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There already is. History shows us that Governments incrementally increase the powers of their on-street enforcers.

 

Wonder if the bailiffs will try to get forfeiture by the third party of the unlawfully seized property, for their fees on the table, well it's the next logical step looking at JBW, treatment of the owners of motors that have changed hands, with the former keeper aquiring a PCN prior to the sale....

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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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