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    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
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      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.

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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.

      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
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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.

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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
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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

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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

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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.

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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. :-)

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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.

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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
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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.

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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:

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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.

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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.

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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?

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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?

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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.

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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.

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