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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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TV License fines....BBC responsible for over 10% of all criminal prosecutions in Magistrates Courts


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One thing is certain, non payment of TV licensing fines was the main reason women, especially single parents were jailed in the latter part of the last century, from the 1980's onwards accordsing to CAB,

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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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On 25th June 2013 the law was repealed.

According to TV licensing laid bare.

I have not located the instrument.

 

Yes, that's only the law requiring dealer notification (e.g. retailers grassing up their telly-buying customers to TV Licensing).

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Hello there.

 

I found this, I think you mean the Wireless and Telegraphy Act 1967 possibly. The part that has been repealed seems to refer to dealers no longer having to notify the BBC when they sell a TV.

 

http://www.tvlicensing.co.uk/about/legislation-and-policy-AB9/

 

HB

The instrument to which I referred was the one that repealed.

The legislation gov uk website seems lacking for reasons that escape non-obvious elucidation...

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Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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.I started this thread and have made the majority of the posts and I wish to make it CLEAR that at no time have I indicated that people should not buy a TV licence. Instead, I have merely outlined the frankly worrying way in which non payment is ENFORCED and the role that is played by Capita in the subsequent court hearing.

 

Most importantly, I have tried to stress as well that anyone visited by Capita should NOT ignore the summons from the court and should at the very least, plead guilty ( if this is the case) and complete a Means Enquiry Form.

 

.

.

I started this thread just 3 weeks ago and in that time over 6,500 viewers had taken an interest in the tread. The astonishing readership of this forum and the importance of this particular subject appear to be the cause of some envy with one or two internet sites who have recently made critical comments on the basis that "apparently" in this one particular post I appear to be advising a debtor to:

 

"plead guilty to TV license evasion while having no TV"

 

Having re-read my post many times today I am curious as to how anyone could possibly have misinterpreted my post in such a way.

 

In my initial post (highlighted above in blue) I have tried to stress to anyone receiving a summons after the visit from the Capita TV Licensing Enquiry Agent the importance of ensuring that they do not ignore the summons and if guilty, at the very least to respond to the summons to enter a guilty plea. Furthermore from the the example given on the tread of a recent TV Licensing Bulk Hearing in July 2013 it was made clear that of the 38 cases heard that day only 2 people bothered to respond to the summons and both of these defendants received a REDUCED fine of just £32.50 for "early mitigation".

 

As stated above, I have also stressed the importance of completing the Means Enquiry Form.

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  • 2 weeks later...

The subject of TV Licensing vehicles is currently being debated on the Jeremy Vine Show on Radio 2 and so far...there has not been ANY calls to confirm that TV Licence vans are still being used.

 

There has been one call from a MUSEUM confirming that they have one !!!

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  • 2 weeks later...

Over 8,400 people have viewed this thread and they may be interested to read the press report today ( link below).

 

It has emerged in court that Capita TV Licence inspectors are entitled to a "basic salary" and that they can bump their earning considerably given that the BBC have agreed in their Contract with CAPITA that as long as the CAPITA employee is able to gather more than 38 statements week from householders that can be used as evidence in court of TV Licence evasion that they will be entitled to "UNCAPPED COMMISSION" which could add approx £1,000 to their salary every month !!!

 

You couldn't make it up !!

 

http://www.dailymail.co.uk/news/article-2455509/1-000-month-bonus-BBCs-TV-licence-police-rewarded-taking-members-public-court.html

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"A spokesman said non-payers cost the BBC £216million last year, adding: ‘On behalf of the honest 95 per cent of people who do pay, we have a duty to enforce the law on those who evade the fee.’"

 

That doesn't even make good business sense when you consider "The BBC sub-contracts the collection of the £145.50 licence fee to private firm Capita. Last year, it signed an eight-year deal with the corporation worth £560million"

 

So they're shelling out £560m to recoup £216m - no wonder they're going down the tubes!

 

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It does make you wonder which way this Country is heading...on a daily basis we see debtors who cannot afford the licence fee in the first place facing fines they cannot afford and now the BBC want to give free reign to their 'debt collectors' to bump these debts up further so they can get bonus commissions!!!.

what next I ask...oh of course, silly me, the government could always stick the knife in further and perhaps look to adding vat to the debt!!!!!

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It does make you wonder which way this Country is heading...on a daily basis we see debtors who cannot afford the licence fee in the first place facing fines they cannot afford and now the BBC want to give free reign to their 'debt collectors' to bump these debts up further so they can get bonus commissions!!!.

what next I ask...oh of course, silly me, the government could always stick the knife in further and perhaps look to adding vat to the debt!!!!!

Don't go giving the muppet Gideon ideas

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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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My nearest town centre is Exeter and I don't have a chance to go their often but this morning I did so and was charged 12p for a carrier bag in WH Smith. I purchased two books from a Red Cross charity shop and was charged 10p for their bag and the last shop tried charging me 15p for their cheap carrier bag. I decided to treat myself to a large shopping bag instead. Everyone is trying to to use the public as "cash cows".

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The charge for carrier bags is something else this govt has brought in, can't remember the ins and outs of it though but it's along the lines of a green tax on supermarkets etc. Annoyingly the charity shop was given the bags i expect so is just making pure profit on them - i know it's for charity but there are limits!

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These TVL Capita salespeople have successfully prosecuted and had non TV owners fined as a result of that doorstep interview "under caution"

 

I am waiting for the fallout next year when Marstondales enforce and seize a car at a TVL debtors PREVIOUS address and the new occupier loses the car because they cannot afford the interpleader. Marstondales will argue that Observer v Gordon applies as they can assume the address on the warrant is the debtors address so can assume the debtor owns the car. and that until the new occupier does a stat dec to the court the car is fair game, and in any case under the TCGA, the new occupier must pay into the court all bailiff fees and the value of the car for that interpleader, can't afford it? Tough kerching for Marstondales., who can get a second bite and double their money when they find the debtors new address.

 

In the case of JBW and others enforcing PCNs, they will ba taking third party cars using ANPR like it is Christmas. The Carp will truly be in the fan and spraying on the muppets who drafted this entirely faulty provision.

 

I wonder if there will be a easy way to claim goods if they have the wrong address, or will the interpleader apply in every case, the wording of the section is obscure on that point

Edited by brassnecked

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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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Brassnecked,

 

I wrote a extensive 3 page report on the dreadful "interpleader" provision under Part 6 of the TCE Act which appeared in various media reports and trade journals last month. I have made it very clear to the "powers that be" at the Ministry of Justice that I will NOT let this matter drop. No for one minute !!!

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Brassnecked,

 

I wrote a extensive 3 page report on the dreadful "interpleader" provision under Part 6 of the TCE Act which appeared in various media reports and trade journals last month. I have made it very clear to the "powers that be" at the Ministry of Justice that I will NOT let this matter drop. No for one minute !!!

 

Excellent TT, this is one seriously broken piece of legislation. I am setting out my concerns to my MP the Welsh Minister David Jones, (surprise surprise a solicitor prior to Westminster) hopefully he will see the dangerous nature of this stupid section that hands rampant exploitation on a plate to rapacious bailiffs. Might need a petition on Change.org.

 

Am I being extreme in my scenarios, and interpretations that could arise under this head, or are they a reasonably accurate forecast of what is to come when the provisions are in place?

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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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These TVL Capita salespeople have successfully prosecuted and had non TV owners fined as a result of that doorstep interview "under caution"

 

I am waiting for the fallout next year when Marstondales enforce and seize a car at a TVL debtors PREVIOUS address and the new occupier loses the car because they cannot afford the interpleader. Marstondales will argue that Observer v Gordon applies as they can assume the address on the warrant is the debtors address so can assume the debtor owns the car. and that until the new occupier does a stat dec to the court the car is fair game, and in any case under the TCGA, the new occupier must pay into the court all bailiff fees and the value of the car for that interpleader, can't afford it? Tough kerching for Marstondales., who can get a second bite and double their money when they find the debtors new address.

 

In the case of JBW and others enforcing PCNs, they will ba taking third party cars using ANPR like it is Christmas. The Carp will truly be in the fan and spraying on the muppets who drafted this entirely faulty provision.

 

I wonder if there will be a easy way to claim goods if they have the wrong address, or will the interpleader apply in every case, the wording of the section is obscure on that point

 

Good post BN

As it stands this 'interpleader' provision will cause utter chaos,there is not going to be a car in the country safe from the grasping hands of bailiffs.and no mechanism in place to deal with the onslaught on the courts time.

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My nearest town centre is Exeter and I don't have a chance to go their often but this morning I did so and was charged 12p for a carrier bag in WH Smith. I purchased two books from a Red Cross charity shop and was charged 10p for their bag and the last shop tried charging me 15p for their cheap carrier bag. I decided to treat myself to a large shopping bag instead. Everyone is trying to to use the public as "cash cows".

 

 

I have no problem paying for a carrier bag that can be reused - what I have a major problem with is that these carrier bags often carry the name of the store and I see no reason why is should pay to do their advertising !! Buy a decent hessian bag from one of the Forces' charities - or, if you can knit or crochet, make your own from old carrier bags. I can provide a pattern for anyone who is interested in doing this.

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Good post BN

As it stands this 'interpleader' provision will cause utter chaos,there is not going to be a car in the country safe from the grasping hands of bailiffs.and no mechanism in place to deal with the onslaught on the courts time.

 

 

Something i'd like to see - a bailiff in court on theft charges for taking a Mobility vehicle belonging to someone who had recently moved to an address and either didn't need or already have a tv licence so they were totally unconnected. Obviously i wouldn't want them to be inconvenienced, just see the bailiff sent down for theft. Kind of self-contradictory but you get the idea?

 

As for the other bit, what on earth is an "interpleader"? I've not heard the term before.

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Something i'd like to see - a bailiff in court on theft charges for taking a Mobility vehicle belonging to someone who had recently moved to an address and either didn't need or already have a tv licence so they were totally unconnected. Obviously i wouldn't want them to be inconvenienced, just see the bailiff sent down for theft. Kind of self-contradictory but you get the idea?

 

As for the other bit, what on earth is an "interpleader"? I've not heard the term before.

 

Motability Finance would have to pay the fees and debt as owner, or lose the car to the bailiff for the previous occupiers debt. The TCGA will provide protection to bailiffs as the warrant itself is to a specific address bailiff will assume all is correct and enforce accordingly whether the debtor is there or moved on. Simplistically, and other Caggers will no doubt expand, an interpleader is a hearing to establish ownership of the seized goods and chattels where there is a dispute, it is mainly used in HCEO enforcement at present, it also serves a purpose in protecting the bailiff from being sued for consequential loss, as he will rely on Observer v gordon as his precedent for assuming a vehicle was the debtors, as in so what named debtor has moved, warrant is to that address, so the new occupiers car is fair game under O v G as I didn't know at the time they had moved M'lud. As the onus is on the occupier to appraise the court that issued the warrant of the situation, the bailiff is technically lawfully, but not ethically or moraly entitled to ignore the protestations and proof offered to him until the court revokes the warrant, so can still snatch and sell the motor, but at his own risk.

 

Police will say that as this is covered by TCGA, their hands are tied and it is civil. Not fair not right but lawful so sorry bailiff can have the car.

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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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Thanks, i have at least some understanding of it now!

With laws etc like that though, i can see people taking up arms to protect their property from thieving **** aka bailiffs aka legalised thieves. Now where did i hide my 12-bore? :D

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Thanks, i have at least some understanding of it now!

With laws etc like that though, i can see people taking up arms to protect their property from thieving **** aka bailiffs aka legalised thieves. Now where did i hide my 12-bore? :D

Why do you think HM Governments have successively removed our right to bear arms, as enshrined in the US Constitution? It is to prevent an armed uprising when they go too far.

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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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