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    • @Tom Price   Thank you for your note, which is very helpful.   Did VCS cite the following cases?   1. VCS v Ward 2. Semark Jullien   VCS threw the two cases to me in the last minute at my previous hearing. The judge accepted the extra WS and adjourned my case for me to read/defend it. My case is going to be held on 30th March.   Thanks!      
    • Hi,   So, I received a letter today from a debt collection law firm threatening CCJ action on behalf of Volvo/Santander for a voluntary termination of a vehicle. (I did request Volvo/Santander that a complaints procedure be started as I think the terms of the contract were miss sold but alas, they ignored me and went straight to CCJ action via a debt collection law firm!).   I digress, anyway, so the letter was addressed to me, it included my original signed contract, but, there was another document inside. This document was another hire contract with some other person details on it!   It includes:   Their full name Their address and postcode Their handwritten signature Their email address Their mobile telephone number Their debt amount Their vehicle registration    Is this a breach of the data protection act? On the flip side, my details could be in the hands of someone else, who knows?    What should I do now, is this a trump card that I could use if this matter does actually go to court? I did intend to argue against this debt in the first place.   Any advice on this would be most grateful!   TIA         
    • Hi guys   I received a county court claim form on Thursday dated 18/02/2021 saying that the claimant (CABOT FINANCIAL (UK) is claiming for the sum of £2140.14 on behalf of  NEW DAY LTD RE MARBLES. but it requests all documents to be sent to MORTIMER CLARKE SOLICITORS.   Now i think i did have a marbles card a while ago although my partner says that that was a capital one card.   But either way i don't like the idea of these parasites chasing me for money for a debt they probably bought for £10.    From looking around here it seems that i should be sending them a CCA request and a CPR 31.14.   I've bought a £1 postal order.   Is there anything else i need to do?   Thanks for any help given
    • Yes that is an absolute must. Generally the Council has no wish to see people committed to prison for Council Tax debt. They want to see the debt recovered where it is properly due and the debtor has the ability to pay. If he hasn't that ability they will take into account the debtor's financial situation and make any arrangements they can. But only a court can remit some or all of the debt. The more you engage with the Council the easier this will be.
    • I think you'd need to have formally noted you were working under protest at the time. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Either the guy doesn't know the law relating to Bailiffs or he is perfectly prepared to ignore it . He definitely used force to enter premises on one of the programs. We have an HCEO who

contributes to the forum and he was in no doubt that Bohill broke the Law in that instance. It is hard to see also how you think that some one who flitted from being a fast police driver or scuba diver can all of a sudden be an expert on bailiff law.

 

Most police officers are woefully lacking in bailiff knowledge and your guy doesn't appear to know the difference between a warrant or a writ . So I am a little at a loss why you appear to be defending a bumbling law breaker who is often misleading people many of whom are in dire financial straits to provide entertainment for others and making money himself.

 

As we have seen on earlier posts CH5 supervisors haven't a clue about what is lawful and the Police have insufficient knowledge or concern to act since bailiffs collect debts which go to pay Police wages. Either way, it is a sad indictment on our Police force.

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Guest Dave Evan
Either the guy doesn't know the law relating to Bailiffs or he is perfectly prepared to ignore it . He definitely used force to enter premises on one of the programs. We have an HCEO who

contributes to the forum and he was in no doubt that Bohill broke the Law in that instance. It is hard to see also how you think that some one who flitted from being a fast police driver or scuba diver can all of a sudden be an expert on bailiff law.

 

Most police officers are woefully lacking in bailiff knowledge and your guy doesn't appear to know the difference between a warrant or a writ . So I am a little at a loss why you appear to be defending a bumbling law breaker who is often misleading people many of whom are in dire financial straits to provide entertainment for others and making money himself.

 

As we have seen on earlier posts CH5 supervisors haven't a clue about what is lawful and the Police have insufficient knowledge or concern to act since bailiffs collect debts which go to pay Police wages. Either way, it is a sad indictment on our Police force.

 

 

 

 

 

Not a debtor are you hehe.... as only frustrated debtors would argue like you have. Just to let you know my father was a Met Police Officer and he attended many situations, and can assure you Police training is so drilled, it will shock you what it takes to just be a humble Constable, never mind higher ranks - it will blow you away exactly whats involved - and is both Civil and Criminal law based.

 

 

Oh, btw Mr Bohill is a

Certificated Enforcement Agent

 

and Senior Consultant, so as well as being a former Police Detective in CID - I'm sure he knows what he can and cannot do. So not flitted after all....

 

 

Btw - are you a certified collection agent? I doubt you are. And the HCEO member here, wasn't beside Mr Bohill in that situation, so his testimony wouldn't hold up as evidence in a Court anyway, so it irrelevant. But I can tell you as a Security Professional and Bodyguard myself, I'm telling you I did far worse to people than Mr Bohill did, and I didn't find myself arrested - so I say you are full of it Sir.

 

 

Bailiffs? Yes, and I used to work in a Magistrates Court - and fines are paid to the local Council, except we are talking about HCEO here, and the money collected goes to the Claimant, minus the fees which go to the Enforcement company, and comms to the Enforcement Officers.

 

 

You know I think you are a debtor, and I dealt with those in Court - sued the hell out of them, man it felt great to do that.

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Looks like dave knows the guy personally.....

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

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This the same Bohill who was running round like a headless chicken when he realised he had to have a normal Bailiff Certificate or he couldn't work. Shame he never read up on the requirements that had been going the rounds about what was required.

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Guest Dave Evan
I am so sorry Dave I didn't realise I was trying to reason with a two year old.

 

 

How dare such people take a service or rent properties etc - knowing full well they aren't willing to pay - who the hell do they think they are.

 

 

but then debtors know their in the wrong, so they deserve to be infront of a judge.

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Where is that fat billy goat gruff? there is a troll that needs feeding possibly.

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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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Guest Dave Evan
Looks like dave knows the guy personally.....

 

 

 

Nope, I just know what reasonable force is, as I'm trained to a very high level in restraint techniques, I hold 2 belts in martial arts and was Borough Judo Champion in my youth.

 

 

From what I saw, which was the same as everyone who watched the programme, is that Mr Bohill merely held his body weight against the defendant to prevent him from assaulting Mr Bohill or his colleagues, so was self protection and stopping the situation from escalating physically.

 

 

This was a clearly staged TV stunt for popularity ratings.

 

 

There's no way any Enforcement Officer is going to risk losing their work license by provoking a conflict situation, where they will face an assault charge, be arrested and possible fine, and they'd

certainly never be able to work in the industry ever again.

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There's no way any Enforcement Officer is going to risk losing their work license by provoking a conflict situation, where they will face an assault charge, be arrested and possible fine, and they'd

certainly never be able to work in the industry ever again.

 

Just a pity there are some bailiffs who do exactly that

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

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Guest Dave Evan
Just a pity there are some bailiffs who do exactly that

 

 

 

 

Might be a few - but then its very risky and why would anyone want to be arrested - its quite humiliating, not to mention scary being restrained in regulation cuffs. My dad was old school, and he used the old

chain style cuffs and they were bad enough, you aint never getting out of those. All cuffs work with a ratchet system, as you push the band forward, it tightens and locks, and can only be released by the key.

 

 

Actually the use of handcuffs is highly skilled, if you put them on to tightly, you can easily break the wrist bone, so the police training is thorough.

 

 

The fixed cuffs used today are far worse as it stops any rotation of the cuffs to gain comfort, also the old style cuffs - the chain got removed to stop strangulations when prisoners try to escape. The handle in the centre is for the officers to grab hold of the prisoner easily for control.

 

 

I've seen many people cuffed over the years, some are right tough boys..... until they are infront of that Magistrate - then it changes..... some even start crying. Debtors are the same, all cowards in reality.

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@ Dave Evan "I've seen many people cuffed over the years, some are right tough boys..... until they are infront of that Magistrate - then it changes..... some even start crying. Debtors are the same, all cowards in reality."

 

So someone who is injured at work and sacked for being ill/unable to work and as a result has a Liability Order for council tax or otherwise falls into debt as a result because the DWP is tardy with an ESA claim is somehow a coward, a cancer patient sacked is a coward, what planet are you on eh? Not all debtors are the same get real please.

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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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Guest Dave Evan

"So someone who is injured at work and sacked for being ill/unable to work and as a result has a Liability Order for council tax or otherwise falls into debt as a result because the DWP is tardy with an ESA claim is somehow a coward, a cancer patient sacked is a coward, what planet are you on eh? Not all debtors are the same get real please."

 

 

 

Actually, I was referring to business debtors in particular - of course I wasn't referring to the ordinary public who have illnesses as that's obviously a different set of circumstances entirely, although legally a debt. Even if payment plans are in place over household bills - a debt is a debt and people want their money. But to use a health issue as an excuse to not pay others for services is wrong and highly unlikely it will cut any ice with District Judges.

 

 

When I was in business, I chased debtors - this is what Trading Standards had to say about the law:

 

 

"There is a rule in contract law which is normally referred to as “privity of contract” and that sets down some rules about what is a contract and who is bound by those rules. There are generally some rules that we all have to obey – these are parts of criminal law. For instance, in criminal law the rules apply to everyone over about 10 years old, whether you understand them or not. You do not have to accept them or agree to criminal law rules, they are the law of the land and apply to everyone. However, in contract law that is a set of rules that only apply to certain people in certain circumstances. You have to agree a contract and formally accept it and its rules. So only those people who agree a contract can be bound by it. Commercially there is often a signature involved but not always. If you have accepted a contract and communicated that acceptance to the other party or parties but don’t abide by the contract, then there are penalties to pay usually in the form of damages such as a cash payment.

 

 

– one party has to give some value such as perform something or give someone a right to something or hand over goods and in return the other party has to pay for it. No one else is bound by that contract and you cannot make anyone else pay for it"

 

 

--------------------------------

 

 

 

 

 

There are 2 debtor types - ones who can't pay period or at least not themselves and those who can pay easily, but just don't want to cos its like another pound saved and they likely get off on it.

 

 

 

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I like posters like this guy. He thinks he knows more than bailiffs , judges and solicitors who specialise in bailiff law. he also loves to generalize everyone and act as judge, jury and executioner.

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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Guest Dave Evan
I like posters like this guy. He thinks he knows more than bailiffs , judges and solicitors who specialise in bailiff law. he also loves to generalize everyone and act as judge, jury and executioner.

 

 

 

 

I love forum members like you, brethren, that don't wish to accept what is truth, just to attack, even after clear evidence was submitted, just so they either save face for whatever crazy motive, or thinks that attacking will make them feel better or even believes such actions will resolve their situation, debt or otherwise. .

 

 

 

 

Never mess with Creditors, it just aint worth the hassle involved, never mind the outcome.

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It isn't truth though. At all. It's a very biased viewpoint with no grey area or basis in reality

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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Guest Dave Evan
It isn't truth though. At all. It's a very biased viewpoint with no grey area or basis in reality

 

 

 

 

Ahhh, its not biased viewpoint when you have a Court Order son.... with that you can obtain a Statutory Demand, then make someone bankrupt, all it takes is a £750 debt - that's all.

 

 

I love it when debtors turn up to court - see them shaking over the prospect of paying up, then hear the Judge's summing up and final judgement - love it....

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I love it when debtors turn up to court - see them shaking over the prospect of paying up, then hear the Judge's summing up and final judgement - love it....

 

I love pork scratchings, but I don't go on about it on a consumer support forum and make myself look like a saddo. Just saying.

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Please forgive me for asking, Dave Evan, but in a couple of previous threads you've stated that you've been unemployed for a couple of years.

 

Is this still the case please or have you found work in something like debt enforcement?

 

HB

Illegitimi non carborundum

 

 

 

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Guest Dave Evan
I like posters like this guy. He thinks he knows more than bailiffs , judges and solicitors who specialise in bailiff law. he also loves to generalize everyone and act as judge, jury and executioner.

 

 

No, not judges as they have law degrees. But I'm on a par with any Bailiff or HCEO, as I have 4 years debt collection experience, and its only a level 2 qualification that you need to be Enforcement Officer, come on its not difficult guys.

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No, not judges as they have law degrees. But I'm on a par with any Bailiff or HCEO, as I have 4 years debt collection experience, and its only a level 2 qualification that you need to be Enforcement Officer, come on its not difficult guys.[/QUote]

 

Oh Mr Evans all your posts have really amused me so thanks for that. You do know that solicitors have law degrees don't you and that "body guards" and bog standard "debt collectors" have no more legal authority than a man in the street? So tell me what actually are your exact qualifications and from what do you derive your power? Don't be shy, do share.

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Come on people. One warning only. Keep this discussion civil or posts will vanish. We at CAG are always open to free speech but not at the expense of other member.

 

If you can't discuss matters without getting childish then don't post. It IS that simple. We all know who makes fools of themselves. By letting posts stand, the foolish poster will soon realise that they are not getting the attention they crave and move on.

 

KEEP IT CIVIL.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I love forum members like you, brethren, that don't wish to accept what is truth, just to attack, even after clear evidence was submitted, just so they either save face for whatever crazy motive, or thinks that attacking will make them feel better or even believes such actions will resolve their situation, debt or otherwise. .

 

Never mess with Creditors, it just aint worth the hassle involved, never mind the outcome.

 

I can see your point with businesses, and won't pays, a company can go to the wall and close due to tardy payers, as it could whan a HCEO messes up like the vapid Claire Sandbrook of Sherfarce with the Bridlington Chip Shop,

 

http://www.hulldailymail.co.uk/legal-battle-forces-naked-fish-closure/story-11957157-detail/story.html

 

and the other fact that as she is resident in the USA how can she exercise due diligence on a minion over here effectively. About time she was struck off imho

 

Well the outcome for a low income family with the tax credit reduced might well be a Water or Utility Company gaining a CCJ, sending the HCEO, and multiplying the £600 bill to north of £3,000, and the low wage family are messing with creditors?

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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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