Jump to content


  • Tweets

  • Posts

    • This must be part of the new tactic from Evri.  They know they are going to lose. They take it to the wire and then don't bother to turn up in order to save themselves costs and of course they don't give a damn about the cost to the British taxpayer and the extra court delays they cause. This is a nasty dishonest company – but rather in line with all of the parcel delivery industry which knows that their insurance requirements are unlawful. They know that their prohibited items are for the most part unfair terms. They know for the most part that a "safe place" is exactly what it means – are not left on somebody's doorstep in full view. They know that obtaining a signature means that they have to show the signature not simply claim that they received a signature. They are making huge profits especially from their unlawful and unenforceable insurance requirement. Although this is less valuable than the PPI scandal, in terms of the number of people who are affected nationwide, PPI pales into insignificance. I hope the paralegals working for Evri are proud of themselves and they tell their families what they have done during the day when they go home.
    • Your PCN does not comply with the Protection of freedoms Act 2012 Schedule 4 Section 9[2][a] (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The only time on the PCN is 17.14. That is only  a time for there to be a period there would have to be a start and and end time mentioned. of course they do show the ANPR arrival and departures  times but that is not the parking period and their times are on the photographs not on the PCN. They also failed to comply with S.9[2][f] as they omitted to say that they could only pursue the keeper if they complied with the Act. That means that they can only pursue the driver as the keeper cannot be held liable for the charge. As they do not know who was driving and Courts do not accept that the driver and the keeper are the same person they will struggle to win. Especially as so many people are able to legally drive your car and you haven't appealed giving them no indication therefore of who was driving. Small nitpicking point-the date of Infringement was 22/04/2024. They appear to be saying that they can charge an extra amount [up to £70 ] if they have to use a debt collector. You do not have a contract with a debt collector so they cannot add that cost. You paid for four hours so it can only be the 15 minutes they are complaining about. You are entitled to a ten minute minimum grace period at the end of the parking period which would be easier to explain if the car park had been bigger. However if you allow for two minutes to park and two minutes to leave that gives you one minute to account for. Things like being held on the way out by cars in front waiting to get on to Northgate or even your own car being held up trying to get on to Northgate at a busy time. then other considerations like having to stop to allow pedestrians to walk in front of you or being held up by another car doing a u turn in front of your car. you would have to check with the driver and see if they could account for an extra one minute things like a disabled passenger or having to strap in a child . I am not advocating lying since that could lead to serious problems [like jail time] but there can be an awful lot of minor things that can cause a hold up of a minute even the engine not starting straight away or another car being badly parked as examples. Sadly you cannot include the 5 minute Consideration period as both IPC and BPA fail to comply with the convention that you can include that time with the Grace period.  
    • Defence struck out not case struck out...you have judgment  Well done topic title updated Regard's Please consider making a donation if not already to support us to help others.   Andy.   .
    • Hi all, I wanted to update you and thank you all for your help. I am delighted announce that after the case was struck out due to no response from Evri, judgement was issued after I submitted the forms and I was just about to take it to warrant.  today I received an email from the claims department requesting my bank details to make payment for my full award. The process has been long since the initial proceedings  in January i must say your help and guidance has been greatly appreciated.  
    • Quote of the century "Farage pops up when the country’s at a low ebb; like a kind of political herpes" - Frankie Boyle Updates
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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 3833 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

Petition:

https://www.change.org/petitions/prime-minister-this-petition-is-to-clean-up-the-financial-enforcement-industry-by-creating-a-public-authority-whose-members-are-selected-by-public-vote

 

 

This petition is to set up a publicly run body overseeing all debt recovery personnel, debt recovery businesses and government financial penalty issuing authorities. The public body members will be selected by a public vote.

 

 

 

The public run body will have full authority to grant licences to, investigate, punish or dismiss any court appointment bailiff, debt recovery agent, enforcement officer or their businesses.

 

 

 

The public body will have complete authority and autonomy from government or judicial interference to make decisions based on its own findings on any persons or entities working within the UK who are responsible for collecting monies or issuing financial penalties.

 

 

 

The public body will oversee all debt recovery businesses and people within these businesses. The public body will oversee and contribute to regulation on the industry and licences to trade.

 

 

 

The purpose of the agency is to:

 

 

 

· Ensure ‘fit and proper’ people are working within the industry.

 

· Create a culture of ethical behaviour within the industry.

 

· Create transparency within the industry.

 

· Regulate practice that is deemed publicly fit.

 

· Be an authority for the public to raise serious concerns to and have them investigated as an authority.

 

 

 

· Grant compensation to people who are caused serious issues through regulatory negligence or unfit practices. To impose fines upon, investigate, punish or dismiss these persons or companies who are not working within the guidelines set out by the public authority.

Link to post
Share on other sites

Do we require a public authority overseeing bailiffs activities:

 

Please Read and Comment:

 

The public run body will have full authority to grant licences to, investigate, punish or dismiss any court appointment bailiff, debt recovery agent, enforcement officer or their businesses.

 

 

 

The public body will have complete authority and autonomy from government or judicial interference to make decisions based on its own findings on any persons or entities working within the UK who are responsible for collecting monies or issuing financial penalties.

 

 

 

The public body will oversee all debt recovery businesses and people within these businesses. The public body will oversee and contribute to regulation on the industry and licences to trade.

 

 

 

The purpose of the agency is to:

 

 

 

· Ensure ‘fit and proper’ people are working within the industry.

 

· Create a culture of ethical behaviour within the industry.

 

· Create transparency within the industry.

 

· Regulate practice that is deemed publicly fit.

 

· Be an authority for the public to raise serious concerns to and have them investigated as an authority.

 

 

 

· Grant compensation to people who are caused serious issues through regulatory negligence or unfit practices. To impose fines upon, investigate, punish or dismiss these persons or companies who are not working within the guidelines set out by the public authority.

Edited by danepaul
Link to post
Share on other sites

Please dont make multiple threads on the same topic.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

danepaul is this a personal or professional issue. I see you've posted this link on another forum all over the place as well. Just wondered who you are as you're an unknown name on the forums. Not criticising, just being nosey I guess :-D

Link to post
Share on other sites

We are aiming to change the law by creating a public authority overseeing bailiffs activities with full power and autonomy to investigate, licence and regulate the industry.

 

Please let me know your thoughts, experiences and knowledge on Bailiffs and issues your or somebody you know might have faced.

Link to post
Share on other sites

Hello, this is not a similar threat, the first threads yesterday were asking people to support our petition. This threat is asking for feedback on peoples experiences with bailiffs. This is my area of experitise so I will ask questions relevant to this issue and do they believe we should have a public forum on the issue. :-)

Link to post
Share on other sites

My view - a complete waste of time. We already have umpteen ombudsmen and departments overseeing the industry, but they are both gutless and without power.

 

Many people feel the same, which is why we aim to get an appointed public forum on the matter. I feel from what I have been hearing that we must really challenge this area otherwise things may never change for the better.

Link to post
Share on other sites

danepaul is this a personal or professional issue. I see you've posted this link on another forum all over the place as well. Just wondered who you are as you're an unknown name on the forums. Not criticising, just being nosey I guess :-D

 

Thank you Cough Drop and be as nosey as you like :-) This is a professional issue and they are not the same (they were yesterday as I am new to the site :-)) But today I am asking for peoples point of view and experiences on the subject of bailiffs. I want to see if me and my group are going in the right direction in peoples eyes who have been in situations with debt recovery agents and bailiffs. I want to know what you think we should do to make the industry more transparent and ethical. I was invited by members of my groups who are on facebook to come onto this site as they are frequent members here to get further feedback and support :-)

Edited by danepaul
Link to post
Share on other sites

The reason me and my colleagues put this petition together is because an older lady who lived near me was terroised by a bailiff, she was shaking and scared on her front door, for an issue that was not hers. I was not aware of these issues prior to this. When I tried putting a complaint in to the local authority and his company, the were not dealt with satisfactorily. This lunatic should not be in any position of authority. When I asked questions through social media, I was very angered by the stories that came back to me. I have since researched the industry quite heavily and decided to change things. We should not sit back and let this continue the way it is going. Any of us can be on the end of these bullies. (not all bailiffs, as many are very good and professional at their jobs) but many are not and lack of transparency and accountability supports unethical and in some cases illegal behavior. That is the driving reason for this. Hope this makes sense.

Link to post
Share on other sites

I think you will find you're treading the same path many of us on here have already trodden. It's great you want to do something but realistically you will never do this just as a small group. You will know if you've researched as much as you say that the government is well aware of this issue and many bailiff companies want tighter regulation for the rogue bailiffs. It will be better to work with the existing channels trying to get bailiff reform than to start another splinter group attempting to do the same thing. That's not to say give, stay involved, learn more and more and contribute to others problems. Get your friends on board here if they're knowledgeable or wanting to learn, we all start journeys somewhere. You'll achieve more helping with day to day problems, and there are some effective complaints procedures through the LGO and Form 4's for serious complaints.

 

That's only my view, it's not for me to tell you what to do, I just think you'll do more good that way than the way you're talking about. :wink:

Link to post
Share on other sites

I think you will find you're treading the same path many of us on here have already trodden. It's great you want to do something but realistically you will never do this just as a small group. You will know if you've researched as much as you say that the government is well aware of this issue and many bailiff companies want tighter regulation for the rogue bailiffs. It will be better to work with the existing channels trying to get bailiff reform than to start another splinter group attempting to do the same thing. That's not to say give, stay involved, learn more and more and contribute to others problems. Get your friends on board here if they're knowledgeable or wanting to learn, we all start journeys somewhere. You'll achieve more helping with day to day problems, and there are some effective complaints procedures through the LGO and Form 4's for serious complaints.

 

That's only my view, it's not for me to tell you what to do, I just think you'll do more good that way than the way you're talking about. :wink:

 

Thank you and mabey your right, but to me it isnt that black and white. I will continue my path :-) thank you for your feedback though.

Link to post
Share on other sites

Many people feel the same, which is why we aim to get an appointed public forum on the matter. I feel from what I have been hearing that we must really challenge this area otherwise things may never change for the better.

 

 

 

We need something that is akin to the IPCC, made up of civilian public and experts.

Link to post
Share on other sites

That is my aim, I am currently studying economics and understand the economic value of enforcement officers, so the only true way forward is by having a public authority overseeing the industry, with complete autonomy to make decisions without political interference. We can use experts from UK universities and appoint members overseeing the authority by vote. Some will no doubt come from this forum. It will be the only fair and just way to ensure the authority represents the public. Any thoughts or recommendations?

Link to post
Share on other sites

Perhaps you could try one of those government petitions. Ten thousand sigs gets it debated in parliament.

 

http://www.consumeractiongroup.co.uk/forum/newreply.php?do=newreply&p=4418819

Also Put your request on http://pensionersclub.co.uk you know how pensioners are for doing the right thing.

 

That is my aim, I am currently studying economics and understand the economic value of enforcement officers, so the only true way forward is by having a public authority overseeing the industry, with complete autonomy to make decisions without political interference. We can use experts from UK universities and appoint members overseeing the authority by vote. Some will no doubt come from this forum. It will be the only fair and just way to ensure the authority represents the public. Any thoughts or recommendations?

Link to post
Share on other sites

If this body is to be free from all government intervention/support,how will it be funded,on a set up level and then on a day to day running level?

 

Would the vote system for appointing members be a nationwide vote for each individual?

 

And why do you think that "experts" from universities would do a good job, many are already consulted by government and supply their expertise,i cannot see they would give better advice to yourself than they already supply.

Link to post
Share on other sites

If this body is to be free from all government intervention/support,how will it be funded,on a set up level and then on a day to day running level?

 

Would the vote system for appointing members be a nationwide vote for each individual?

 

And why do you think that "experts" from universities would do a good job, many are already consulted by government and supply their expertise,i cannot see they would give better advice to yourself than they already supply.

 

OK I See, The body will have complete 'autonomy' to make decisions independent government intervention. This is the body will be able to make decisions based on our own research without the government telling us our decision were wrong or delaying processes. The bodies powers will be able to act on its members decisions concerning any aspect of the industry that is demanded upon by the public.

I understand your point with universities, that was not the only referrence we will use, it was just one option. Universities tend to work from a place of researched understanding, so they spend their time looking far deeper into things than the average person. But you are right, and there are plenty of people we can call upon, either way that will be down to the majority to choose. :-)

 

As for financing, their are several ways, either by the public or licencing of the industry etc. This is something that is also going to have to be decided when the time is near.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...