Jump to content


  • Tweets

  • Posts

    • ok so there are 2 letters in one envelope PPS saying account passed to legal team and the one attached any guidance on next steps gratefully received
    • so tell us about the event and when you got the original NTK as this isnt it. What time did you enter the land? did you buy a ticket and then top up with the one you have illustrated or something else?   If it is local to you can you show us some images of the signage there plus the blurb on the payment machine itself, the latter is most important as that is what the contract is if the wording is different to the signs around the place.
    • Hi   QQ; I tried the IRL claim in September 2018 and Mr Lender rejected it, I tried again yesterday and they have said they are not willing to re-open the investigation and that they will post a copy of their letter from September 2018.   I understand you need to go to the FOS within 6 months if you are not happy with a complaint outcome, however, as this is some 15 months ago that time has passed.   My question is; how do I go about re-opening this complaint so that I can now send to the FOS?  am I stuck because I didn't do anything about it within the 6 month time frame?   Thanks 
    • At the moment you have the evidence they are in the wrong and arent actually sure they are chasing the right person legally speaking.   Now if their original NTK  was sent it should contain any photographic evidence they have of the event and if that shows peoploe sitting in ther car then it means there was no breach of the conditions BUT if you appeal, ask them for evidence etc you may well drop yourself in it so my advice is to sit tight and let them waste their money chasing you.   If you feel yo need to contact anyone then get on to ESSO's  people and point out that one of their concessions is busy breaking the law in the way they are allowing random people to photograph the occupants of their customer's vehicles and that you will be interested to knwo what they think of unregulated snappers photographing children without permission and would they like it if you sent someone round to do the same to them?   basically you are trying to embarrass them into taking action as the garage isnt owned by them but they do have a lot of clout and can put the place out of business with a snap of the fingers if they wish. gte details of the owners of the actual site and if Esso wont act you go after them and point out that they have employed a bunch of bandits who are breaking the law and that you are inclined to sue the  for the breaches as the parking co are merely their agents.   The last peopel you wnat to contact is the parking co as they are ignorant liars and bullies. Save  what you have until the very last moment and hit them hard at that point as they wont be able to change their story or play with their evidence at that juncture.   None of this will necessarily be a quick fix though and that is another thing the parking co's rely on, your desire to end this quickly. Peopel pay up because they " dont want the hassle" rather than because they are in the wrong. Very few parking co's get everything right so the number of proper legit cliams they can make is probably around 2% of the ones they shove out
    • A number of already existing PD loans that she has an arrangement to pay with and she's taken this one out - as the saying goes robbing peter to pay paul!
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2168 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

My son moved back in with me in 2012,

 

due to him repeatedly stealing from me I had to tell him to leave my house forever a couple of weeks ago and subsequently changed the locks.

 

When attempting to clean his bedroom amongst various disgusting things i discovered many letter's from debt recovery companies and bailiffs

plus receipts from Cash Convertors.

 

After collating these it appears there are 12 (is that a record) debt collectors chasing him for money,

these debt's cover thing's such as payday loans, mobile phone bills, bank overdrafts, goods and a parking fine (bailiffs).

 

The total outstanding amounts add up to approx £4k.

 

Since he left I have returned every letter addressed to him, unopened as no longer living at this address.

 

Last week when I was out the bailiffs visited to take my son's car,

which was obviously not here and saying they would now get an order to remove goods from my house to sell at auction.

 

I am now terrified that they will come and take my property.

 

I have little money and not much of value (except for the house itself).

 

Probably the most valuable goods for resale are my laptop and tv,

it gets worse as both these items were bought online under his name

(we have different christian names but the same initial,

as at the time of the purchases he worked for a major retailer

and I used his staff discount car number though I paid with my debit card.

 

Other things such as my golf clubs/fishing gear have been accumulated or given to me over the years, so no receipts.

 

Do they have the legal right to seize any of my property because my son lived here at the time these debts were incurred.

 

In regard to my son he is 23 he neither has a job or signs on.

The only thing he has left of value is his car, his tv(£50) and 2 gold rings(£70) are both with cash convertors.

 

I have no idea where he is living/in hiding.

He is a drug addict and from the discoveries in his room his only sources of income are as a small time drug pusher,

to his friends, and stealing from my 83 year old mum who is housebound and has Alzheimers.

 

This has all left me feeling mentally and physically drained and paranoid to the point I will not answer the door or phone and sit in darkness,

so any help or advice anybody can provide would be greatly appreciated.

 

Thanks

Share this post


Link to post
Share on other sites

Get to the court and get a stat dec done. That will stop any bailiffs taking your goods. Pack up your sons and give them to the bailiff. At no time let them into your home.

 

Sit tight and others will give much more detailed advice.


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

Share this post


Link to post
Share on other sites

Thread moved to Bailiff Forum.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

What creditor and bailiffs are these, as without a CCJ, they cannot send a bailiff for anything other than the parking fine. Which bailiffs are after the parking fine?

 

Either way if it is a council parking ticket a stat dec to the parking department and the bailiffs may help, Other Caggers will give further/better advice, but as you are not the named debtor Northampton TEC, the fount of FPN warrants and the council may otherwise hide behind data protection, and refuse to deal with you, the Stat Dec gives then notice that there are no goods on the premises available for their bailiffs to take, ignoring one would be very unwise for the council.

 

You say his car is there, do you use it at all? how much is it worth? they may already have a levy on that, and as it is his, they can take it, if it is worth peanuts the Stat Dec would prevent them going after your property like the golf clubs and household contents and your car if you have one.

Edited by brassnecked

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Share this post


Link to post
Share on other sites

The simple fact is that bailiffs cannot take goods that do not belong to the debtor.

Share this post


Link to post
Share on other sites
What creditor and bailiffs are these, as without a CCJ, they cannot send a bailiff for anything other than the parking fine. Which bailiffs are after the parking fine?

 

Either way if it is a council parking ticket a stat dec to the parking department and the bailiffs may help, Other Caggers will give further/better advice, but as you are not the named debtor Northampton TEC, the fount of FPN warrants and the council may otherwise hide behind data protection, and refuse to deal with you, the Stat Dec gives then notice that there are no goods on the premises available for their bailiffs to take, ignoring one would be very unwise for the council.

 

You say his car is there, do you use it at all? how much is it worth? they may already have a levy on that, and as it is his, they can take it, if it is worth peanuts the Stat Dec would prevent them going after your property like the golf clubs and household contents and your car if you have one.

 

The Creditors are Havering Borough Council and the Bailiff's are Whyte and Co. I am looking into getting a stat dec done now and you are spot on it is Northampton Court that issued the CCJ. No his car has not been here for nearly a Month no idea of it's value it is a 2001 Peugeot 206cc. I don't have a car as I don't drive.

 

As for all his other debts am I doing right by sending all letters back "does not live at this address",or should I contact them?

 

Many Thanks.

Share this post


Link to post
Share on other sites

This won't be a CCJ if it is being enforced by Whyte & Co. It is likely a liability order for unpaid council tax or an unpaid parking fine.

Share this post


Link to post
Share on other sites
The simple fact is that bailiffs cannot take goods that do not belong to the debtor.

 

No they cant but it doesnt stop them trying to!

Share this post


Link to post
Share on other sites

Just return NOTA


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

Share this post


Link to post
Share on other sites

Thanks for you responses.

 

It is a warrant of Execution by removal of his goods for sale at auction.

 

Is it correct that due to the nature of his other debts, as listed above, that bailiffs can't be deployed to my house to recover them?

Share this post


Link to post
Share on other sites

As it is for Council tax, I am guessing that he was living at a different address as you would be the rate payer in your home.

In which case the bailiffs should have his old address rather than yours. You can check that by looking at the letters he has from Whyte and Co.

 

That is not to say that the bailiffs won't track him to your house eventually. If they do, it would help if you had a stat. dec. to hand to hopefully put an end to further calls from them.

If they do call, do not let them in tell them that not only does your son not stay with you, he has no belongings in the house and the warrant is not for you nor your address.

Share this post


Link to post
Share on other sites
As it is for Council tax, I am guessing that he was living at a different address as you would be the rate payer in your home.

In which case the bailiffs should have his old address rather than yours. You can check that by looking at the letters he has from Whyte and Co.

 

That is not to say that the bailiffs won't track him to your house eventually. If they do, it would help if you had a stat. dec. to hand to hopefully put an end to further calls from them.

If they do call, do not let them in tell them that not only does your son not stay with you, he has no belongings in the house and the warrant is not for you nor your address.

 

It's a parking fine his car is registered with the DVLA for my address.

Share this post


Link to post
Share on other sites

He is non resident, the car doesn't owe the debt whatever the bailiff may try, and they can have NONE of your goods for his debt. The Stat Dec would put the lid on their shenanigans.

Edited by brassnecked

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Share this post


Link to post
Share on other sites
It's a parking fine his car is registered with the DVLA for my address.

 

In that case the bailiff will call at some time. If you have a Court nearby you can swear there and there should be no charge. Local solicitors will charge between £5 and £10 to do the same thing.

 

Do not let the bailiff in or he will likely try to levy on your goods or threaten to take your stuff . They cannot take your stuff but they may threaten that hoping that you will pay the amount for him.

Share this post


Link to post
Share on other sites

Once you have the stat dec he must leave you alone. AS i said earlier, bag up everything your son has left there, and if the bailiff comes round, dont open the door, but grab yoru sons items and pass them to the bailiff. That, with the stat dec, is all he can have.


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

Share this post


Link to post
Share on other sites

I visited a local Solicitor this afternoon who signed off my stat dec for a fiver, I told him I would be a regular as there are sure to be many different Bailiffs to follow!

 

I then posted a copy to Whyte's Head Office and hand delivered a copy to the Council, obtaining a signed receipt, in case the debt gets handed back to them. Hopefully this will do the trick.

 

Thanks to everyone from the forum who has so far contributed to this thread. I can't say I feel safe in my own home, but definitely safer due to what I have learnt.

Share this post


Link to post
Share on other sites

it doesn't matter who the bailiffs are a copy of the same stat dec will suffice you don't need a new stat dec every time a different bailiff firms calls for your son

Share this post


Link to post
Share on other sites

coypu13

 

Can I just make one point VERY CLEAR.

 

The debt is a civil debt for an unpaid parking ticket. There is NO provision whatsoever for a bailiff to "get an order to gain entry to remove goods from the house" !!!!

 

Such a serious threat is a dreadful disregard for the National Standards for Enforcement Agents which states on Page 4 the following:

 

"Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to":

 

"Falsely implying or stating that action can or will, be taken when legally it cannot be taken".

 

I would suggest that this serious failure should be brought to the attention of The Parking Manager at Havering Borough Council.

 

 

A copy of the National Standards for Enforcement Agents can be read here:

 

http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

Edited by tomtubby

Share this post


Link to post
Share on other sites
it doesn't matter who the bailiffs are a copy of the same stat dec will suffice you don't need a new stat dec every time a different bailiff firms calls for your son

 

I actually specified Whyte's on the stat dec, so would this still be the case?

Share this post


Link to post
Share on other sites
coypu13

 

Can I just make one point VERY CLEAR.

 

The debt is a civil debt for an unpaid parking ticket. There is NO provision whatsoever for a bailiff to "get an order to gain entry to remove goods from the house" !!!!

 

Such a serious threat is a dreadful disregard for the National Standards for Enforcement Agents which states on Page 4 the following:

 

"Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to":

 

"Falsely implying or stating that action can or will, be taken when legally it cannot be taken".

 

I would suggest that this serious failure should be brought to the attention of The Parking Manager at Havering Borough Council.

 

 

A copy of the National Standards for Enforcement Agents can be read here:

 

 

Below is an extract from the CAB.

 

If you don't pay a parking penalty charge issued by a council, they can apply to the Traffic Enforcement Centre to have the penalty charge registered as if it were a County Court Judgment. The council can then instruct bailiffs to come to your home and seize your belongings, including your vehicle.

 

They did go through the Traffic Enforcement Centre at Northampton Court.

Share this post


Link to post
Share on other sites

 

Below is an extract from the CAB.

 

If you don't pay a parking penalty charge issued by a council, they can apply to the Traffic Enforcement Centre to have the penalty charge registered as if it were a County Court Judgment. The council can then instruct bailiffs to come to your home and seize your belongings, including your vehicle.

 

They did go through the Traffic Enforcement Centre at Northampton Court.

 

And where does it say they have an automatic right to enter your home. It doesn't, the Bailiff has to enter by peaceful means - usually by the debtor inviting them in - a seriously bad idea. They may levy on goods outside but if you have moved your car and any other bits and pieces then there isn't much he can do. Sorry, but you are reading more into it than it actually is.


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

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Apologies to both Tom's, I was getting my right to enter and my right to seize goods confused.:oops:

Share this post


Link to post
Share on other sites
Apologies to both Tom's, I was getting my right to enter and my right to seize goods confused.:oops:

 

Hello coypu.

 

Don't worry about that. :) Just keep asking the experts when you don't understand. It's a bit of a minefield for a novice, isn't it?

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

The CAB have provided you with a broad outline but 'in between' the lines there are hurdles that the bailiff has to cross.

 

The warrant has indeed been authorised by the Traffic Enforcement Centre but this is merely because of the volume of such warrants (1.6 million per year) the government have allocated one administration centre called TEC

 

You will see that CAB have stated that the debt can be registered as IF it was a County Court Judgment and again they are correct. The important words are "as if". Unlike a normal 'judgment' this debt is NOT recorded with a credit reference agency.

 

Once again, the bailiff has NO right of entry into your premises other than by 'peaceful means' ( and unless in these cold winter days you decide to leave your doors and windows wide open ( which is highly unlikely), then 'peaceful entry' means by way of invitation.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...