Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4068 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

Please add to the list:

 

[ ] Taking goods that did not belong to the debtor and/or goods not permitted by bailiff rules or guidelines.

 

So I've ticked two to allow for this one as the third.

 

Bailiffs emptied the living room - all rugs and furniture, when they were supposed to leave essential items such as table and chairs. The went through the children's bedroom. They took items that they were told belonged to others, including computer needed for working at home, and car that they didn't check registration of when told it was not owned by the debtor (was owned by spouse). Police called but did nothing. Their "inventory" was a slip of paper without adequate descriptions of all the items.

 

We took the bailiffs to court, but were advised by barrister to settle out of court because of risk of high costs, and still ended up having to buy back some items belonging to others because the judge was unfamiliar with the procedure (There is a rule in the 'Green Book' for a judge to order return of wrongfully taken goods.) Wires had been cut in computer and car when we got them back.

 

In trying to cover their exploded costs, the value of goods far exceeded the original disputed parking amount. To the bailiffs it seemed to be a game of intimidation and seeing what they could get away with. Such action not only violates bailiff rules, or the legal principles of reasonableness and proportionality, it also breaches Article 8 of the Euro Convention on Human Rights ("right to respect for private and family life"). Perhaps it is time such cases get highlighted in Strasbourg. The exemptions of Article 8, i.e. "the protection of the rights and the freedoms of others" ... "necessary in a democratic society" do not warrant such intrusion and disruption.

Link to post
Share on other sites

Our home was visited by Marstons very early in the morning with a small white van, as my son had not paid a speed camera fine in time. He hadn't paid £60. They charged us £381. The Bailliff continually referred to himself as 'an officer of Her Majesty's Court'. I asked him if he worked directly for the court and he replied he was an officer of the court. When he gave us the slip to make the payment it was from Marstons. I feel he was deliberately concealing his identity in order to pressurise me to make payment on behalf of my son. I made the payment online as I did not feel comfortable giving him my card details. It took almost 9 weeks for the receipt to come through the post - and the online payment clearly stated that until we were in possession of the receipt the debt could not be classed as 'Paid'. Dodgy dealings from start to finish topped off by £320 charge because they drove to my home. And the court licences these people to come and fleece money off ordinary people. We are not 'criminals' but they made us feel as though we were.

Link to post
Share on other sites

My son was visited 3x by Marsdon for non payment of speeding fine, I refused peacefull entry and referd them to Form EX345 page 5. “Civilian Enforcement officers will notcharge you anything for their work” £300.00 on top of his fine, wrote to the court manager accuesing marston of misfeasance, they recalled the distress warant as I made it clear Marston refuse part payments, the contract for magisrates court to 4 bailiff companies cleary state they can only charge from the fine owing!.. as the thread above was over charged more than the fine this can be cliamed back, small cliams. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/

Link to post
Share on other sites

I used to work for the Proper Marstons, who were High Court Enforcement, until bought out by Drakes, who have ruined the reputation of a company who worked with debtors not bullied them on the doorstep. I will follow with interest how they have dragged the name of Marstons into the mud with their sly tactics and lack of knowledge of communication with the general public.

Link to post
Share on other sites

Our home was visited by Marstons very early in the morning with a small white van, as my son had not paid a speed camera fine in time. He hadn't paid £60. They charged us £381. The Bailliff continually referred to himself as 'an officer of Her Majesty's Court'. I asked him if he worked directly for the court and he replied he was an officer of the court. When he gave us the slip to make the payment it was from Marstons. I feel he was deliberately concealing his identity in order to pressurise me to make payment on behalf of my son. I made the payment online as I did not feel comfortable giving him my card details. It took almost 9 weeks for the receipt to come through the post - and the online payment clearly stated that until we were in possession of the receipt the debt could not be classed as 'Paid'. Dodgy dealings from start to finish topped off by £320 charge because they drove to my home. And the court licences these people to come and fleece money off ordinary people. We are not 'criminals' but they made us feel as though we were.

Always ask to see an ID card and if they can't produce it, shut the door and phone the police, they are not officers of the court , they are not paid by the court they Are paid by Marstons! Who are part of the Bridgman Group of Companies ....

Link to post
Share on other sites

I am not clear about how to participate in the poll. Is there a link?

 

Equita, collecting Council Tax arrears, claimed for 4 visits when they made one.

Levied on someone else's vehicle without my knowledge or signature. Am I correct in my understanding that it is his duty to ascertain the ownership of the vehicle before levying?

He then claimed a bogus visit to levy on another vehicle, the registration number of which does not exist and recorded my address as something else he made up.

 

Equita claim that as many as four different bailiffs have made visits. No proof or documentation.

I have been dealing with one on the phone, who agreed not to visit my home as my wife is in a frail state due to stress from our financial troubles. He had not even received documentation from the council because I had missed the deadline for making a direct arrangement with the council by half a day.

Link to post
Share on other sites

Hi Cherry

 

Welcome to CAG.

 

Have you solved your issues with Equita? Are you sure you have not been overcharged?

 

If you need to explain any more start a thread of your own http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

I've had more dealings with bailiffs than I care to mention. All of them have lied about their powers of entry, what they can and will take (if they ever manage to get in that is) Not one has ever made it over my threshold. I have been threatened with violence over the phone only for them not to turn up the next day (lost their bottle me thinks). I felt somewhat intimidated on one occasion when two of them came to collect £550!! for overstaying in a car park by 15 mins. They must have been 6'6" and 20 st, I just stood my ground and they went away empty handed. Another came with 3 Police Officers for a Council Tax debt. Despite trying to look all powerful with his 'bodyguards' he didn't get in either as once I told him MY rights even the Police couldn't help him.

I have had dealings with Marstons over an unpaid fine for no T.V. licence. I still owed £88 but Marstones made it £388 now or £688 if the have to use a van and locksmith. Incensed by these charges I called them a told them there was no way they are coming in. I was informed I would be the first person to resist him and his 'CREW of 9' and for even telling him that and he would now F***ing clean me out. As this fine was for a 'Criminal Offence' I could also be arrested and sent to prison ( been there, seen it, done it)! Personally I was looking forward to meeting this CREW, but my wife got upset and paid the £388. This has left me with a bad taste in my mouth ever since.

I now have CCTV and I record all calls when dealing with any kind of debt collector/bailiff on the phone.

Anyway these are my experiences with bailiffs all I can say is don't ever let them intimidate you.

Link to post
Share on other sites

These threads were all started in the Bailiff Poll thread.

I have moved them away from that thread.

Please will you each start a separate thread to tell others about your specific bailiff experience.

 

Thanks

Link to post
Share on other sites

when i had marston come around i used my rights not to open the door for council tax and the bailliff starts shouting we need to speak to you now i ignred him but the neighbours heard it all it was for a council tax bill that was for a property i rented a year after i moved out but now the council have put an attachment of earnings on my partners wages

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4068 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...