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Nice one TomTubby never thought of the Data Protection issues. That'll be another investigation then mind you both C4 and Firecracker rode roughshod over data protection issues themselves, not all the victims even consented to appearing in the programme would you believe. I can see the LBL co's sharing sensitive financial data with unregistered outfits such as this one beicoming yet another problem for them in whats promising to be a difficult issue already.

 

Firecracker and C4 failed abjectly in ensuring the compliance of this broadcast, the following is a brief excerpt from a letter I've sent to Alex Stockley the man responsible for the programme:

 

"On the night Donegal Investigations and Firecracker attended XXXXXX Mr James had exactly as much legal right to demand money or property from XXXXXXX as you have to demand money from the guy standing in front of you in the queue the next time you use a cashpoint machine. That he used threats and intimidation to depart XXXXXXX with money obtained under duress are not simply aggravating contributors to the initial crime but further crimes in their own right.

You Alex have effectively spent weeks or months running round the countryside filming people being mugged and then have seen fit to portray the mugger as a force of good and his victims as the malfeasors".

 

Am I wrong or does this sum up the legal position fairly accurately?

 

@caledfwlch. Yes he did take cash payments from victims. One person portrayed as a victim in the programme went inside his home, checked the status of the thugs consumer credit licence there and then, checked the status of the company he claimed to be working for and upon discovering that he was not even licensed as a debt collector decided to make a cash payment on the spot. He ensured that Firecracker filmed the entire business of him handing cash to Sean James stating quite clearly that it was under duress and explaining exactly why Sean James, Donegal Investigations and a LBL company were not lawfully entitled to any money but the fool still took it..

Sean James was foolish enough to permit himself being filmed demanding money, threatening people and then accepting money from them under duress. Firecracker seemed to think this was acceptable practice in the industry so went to broadcast with it.

 

Was the programme a set up? Well I'll tell you now at least one person involved in this film found themselves embroiled in a set up for the camera but as new information became available to him, the target was reassigned (by him at least) midway through filming and since nobody else had done their homework it slipped through to broadcast unnoticed......

 

Thing is Mr. Sean Adrian James t/a Donegal Investigations was either too busy gobbing off, threatening people or counting the money to notice that it was him being set up when as an unlicensed debt collector he took money that wasn't even owed.

 

And all caught on beautiful broadcast quality HD video by Firecracker........

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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:-D:-D

You guys are ace! This thug and his cohorts should be exposed for being the criminals they are! Surprised "RepoMan" hasn't had one of his cronies wading in on this site yet - the twitter and fb wars have been raging and digital spy has been infiltrated too. Brace yourselves lol!

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1) Is the court order that they apparently bring along with them enough to repossession from property that DOESN'T BELONG TO THE CURRENT CAR OWNER...ie if car owner stored the car elsewhere on private land other than his own?

 

2)IF so, whhat can they do if they had no idea where the car was?

 

3) Can the financing co. repossesss the vehicle after it's been sold on AND ALSO claim the original debt owed by original owner? eg, I still have Black Horse claiming I owe them money on a vehicle I bought way back in 2003....SURELY it's been reposssessed by now from the person I sold it on to, as this seems to be the done thing?

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1. even if there WERE a court order IT WOULD NOT BE THEM THAT TAKE THE CAR

only CERTIFIED COURT BAILIFFS,....not a DCA/Repoman!

 

2.stuff all

 

3.statute barred most prob..debt gone.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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These aren't Court sanctioned enforcements,

the LBL companies themselves issue a "repossession order" directly to Donegal Investigations.

 

Although it does depend on the circumstances of each particular case

I would suspect that almost all such repo orders would fall down on either the Bill of Sale not being registered

or non compliance with the CCA 1974 somewhere within the process if regulated by the CCA1974.

 

There is a reason LBL companies use muscle to do their snatches,

it's hard to point out that they've no right to take your car and argue the finer points of the CCA1974 when you're being threatened by 60 stones of thug.

 

What lawful authority they have to do anything is case particular but likely to be on the low side approaching zero

and most definitely zero if they are unlicensed.

 

This will not prevent a snatch under intimidation but does provide a course for restitution from the LBL company if actioned.

 

They can't do anything if they don't know where the car is

they might threaten you and demand money but they are far more likely to drive past your house

if they see the car isn't there rather than alert you they're after it.

 

These guys will come night or day as they work outside the OFT debt collection guidance.

 

Suggest you start anew thread in the appropriate forum about Black Horse

tell us more details and you'll get the help you need.

Any such claim may be statute barred without the facts it's difficult to advise.

 

 

Back to Mr. Sean James t/a Donegal Investigations aka "The Repo Man".

 

I'm afraid I must go quiet on the open forum in this matter with immediate effect.

 

I am not permitted to explain why I can no longer discuss this matter publicly,

some of you will probably put two and two together and come up with the right answer as to why that may be.

 

I can tell you that I have not entered into any form of privacy agreement or settlement with any of the alleged malfeasors.

I can tell you that the authorities have taken some of the many complaints against these people very seriously indeed.

I can tell you that the OFCOM complaint will have to go on hold.

I can tell you that the civil litigation will have to be put on hold.

 

Oh and don't hold your breath waiting for the second series......biggrin.gif

 

@catwoman Some good knowledge on Twitter, had a blast on there last two days since I saw your post learned a few very interesting things too. Thanks for popping on.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Not so sure they are court orders, just orders from Log Book loans?? to repossess.

They defo need court order to take vehicle off prrivate land, but Police often do not rules.

They also need acourt order to repossess a car that has been sold on with finance, and the new owner should be informed prior to any court action, so they can come to some arrangement with the lender.

When this is done properly they often settle for a fraction of the debt just to get rid.

They also need to produce the registered Bill of Sale

The new owner can take the seller to court to recover any loss.

marlow; selling a car with a loan outstanding is a criminal offence and you could be prosecuted for fraud as well as being sued by the purchaser.

Log Book Loan etc. are bound by the code of practice of the Consumer credit association:

see-

http://www.debtwizard.com/images/stories/files/debtwizard-codeofpractice.pdf

see sections 4.6 on, 5 and 6

I dont see log book loans or mr Repo Man complying with any this.

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I really do think that failing to be registered with the ICO is vitally important and another point that you may want to look at (which is again VERY serious) is about his access to DVLA records.

 

I would be VERY surprised indeed if he "snatched back" vehicles WITHOUT first carrying out a DVLA check ( to establish whether the owner has moved address etc). In fact I cannot believe that he would not be accessing DVLA records. Now the ONLY way that this would be permitted is by him being an OAS registered members with the BPA.

 

I will send an email to DVLA in a few moments. I should get a response by the end of the day.

 

There is a VERY strict procedure in place at DVLA for keeper access and any private company MUST be an OAS member.

 

PS: I am a member of a DVLA Focus Group !!!

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ok well my question was more about if a person within the law ie real court bailiff has the right to enter someone else's private property to take your goods, but by the sounds of it that wouldn't even happen if they are still chasing repayments from the original owner surely?

 

As for repo man, you're obv within your rights to immediately phone the police and if he tows the car in the time it takes them to get here then they would obviously chase him down to wherever the compound is, find he has no credentials and demand the car is returned surely not???

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we'd like to think that would happen yes:lol:

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ah yes 'phone the police,

if they even bother attending then you'll receive the old "It's a civil matter" chestnut. good luck with that..... http://static.consumeractiongroup.co.uk/forum/images/smilies/neutral.gif

I do wonder exactly what Firecracker filmed the policeman featured in the broadcast being told though I wonder if the constable was led to believe Donegal were Baillifs?

The secure compound might be either an industrial estate in Cannock or a B&Q car park I'm led to believe.

AFAIK Donegal do not have a secure compound, I've received the details of several locations they use but they all seem to be publicly accessible places.

I'm very interested in learning what tomtubby is onto,

I can't see repoman registered in any known format on the OAS list at the BPA website

but expect that would only show if it was for example his own company registration details that were used to access database records.

The DPA 1998 issues are very pertinent and complaints have been raised with involved parties and the authorities.

On the subject of LBL companies repossessing cars criminally and the Police claiming it's a civil matter here's a link to a thread from a couple of years back. It has a very happy ending for the victim.

If I'm not mistaken it's the same branch of Mobile Money involved in the historic thread as issued all the repo "orders" to Donegal Investigations in the C4 programme "The Repo Man". I might be wrong, it might be Redditch not Birmingham.

Still the result is the same if you persist.

http://www.consumeractiongroup.co.uk/forum/showthread.php?329429-Mobile-Money-(the-Police-claim-it-s-a-Civil-matter)-!!!

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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I'm quite close to Cheatoman and he tells me that when he saw your concerns he popped over to twitter to find he had been suspended over his little public awareness campaign.

All sorted now and he tells me there's quite a bit of life in the old dog yet.:lol:

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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:-D

i'm quite close to cheatoman and he tells me that when he saw your concerns he popped over to twitter to find he had been suspended over his little public awareness campaign.

All sorted now and he tells me there's quite a bit of life in the old dog yet.:lol:

Excellent!

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I have rewatched the first 2 episodes.

 

I truly, genuinely cannot see how this guy is NOT in any way breaking the Debt Collection reg's etc.

 

Despite not being registered as a Data Controller holding a Debt Collection Licence etc

He is collecting payments to "avoid the car being removed."

He is Performing door step collection visits to "remind" people they are in arrears

He is visiting known relatives and partners/ex partners of debtors

He and his entire team are performing extremely visible and high profile debt collection by wearing uniforms marked with the organisation name (if even Bailiffs cant do this, surely he cannot)

 

On the potentially criminal side

he is forcing his way into people's cars whilst they are sat at the wheel

He is physically grabbing at them to try and snatch the keys out of their hands/dashboard

Tresspassing onto private land

Threatening to use force against people unless they "move"

And claiming to have the right to physically remove them.

 

He also appears to believe he has the right to enter Commercial Premises, and to remove goods, including built in stuff like cold storage facilities!

[sIGPIC][/sIGPIC]

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I think it was shown on a Thursday wasn't it ?

 

It would appear there were only 2 episodes according to this link.

 

http://www.channel4.com/programmes/the-repo-man/episode-guide/series-1

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Yes just the two, what extra lawbreaking could they have screened in No 3?

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Struggling to think of any further breaches of the relevant laws or guidelines that might have made a third episode worthwhile brassnecked, they certainly seem to have been very thorough. Mind you one can only surmise at what behaviour is contained in the rushes that even they didn't see fit to use for the broadcast programme. :lol:

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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I do hope the relevant authorities have taken steps to secure the raw footage shot by Firecracker, I happen to know there are some very interesting scenarios played out for the benefit of documentation by the camera contained therein. :wink:

"With Luck, a Crown or Civil Court will be requisitioning them soon http://static.consumeractiongroup.co.uk/forum/images/smilies/laugh.gif"

maybe the OFT or the police are already on the case?

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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I think it is a sad indictment of our Police and financial watchdogs that nothing appears to be done about this company. Their silence may well encourage other copy cat firms to join in.

 

The only redeeming feature is that when he is brought to book, there will be no way he can wriggle out of the charges as it is all on film. His own vanity will bring him down-true karma in action.

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