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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bailiff Pleads Guilty to Fraud and Jailed for 10 months


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This says it all well done the Judge

 

 

During the visit, Mr Abbasi rang Chestnut, who apologised and admitted he had been stealing the money, which totalled £10,650.

 

He pleaded guilty to fraud.

 

Michael Blakey, defending, said Chestnut, a married father -of-two, had fallen into debt and was unable to pay the mortgage on his home in Lincoln Road, Sleaford, Lincolnshire, after being given a less lucrative area to work in.

 

"As a consequence of that he gave into temptation," said Mr Blakey.

 

"He is, to say the least, extremely upset about doing this."

 

 

 

 

 

 

http://www.theboltonnews.co.uk/news/11748290.Debt_collector_jailed_over_fraud/

Edited by citizenB

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Along with fraudulent electricians, builders, bankers, salesmen, government officials, benefit claimants, police...... The list goes on. Every trade and walk of life has its fraudsters.

 

Good riddance to this one. Although he owned up, its still good to see someone punished properly.

 

Although if it was some scrote who broke into the guys house and stole the 10k, it would prob have been a slap on the wrist.

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TBH the fact he held his hands up is irrelevant!!!

 

 

He was in a position of TRUST and dealing with vulnerable people on a daily basis maybe he got off VERY LIGHLTY INDEED

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I have changed the title of the thread to reflect the situation more accurately.

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I am surprised that he was only given a ten month custodial sentence. How he could have thought that his deception would not be discovered I do not know.

 

I'm told the man is question has been battling cancer, as is his wife and mother. But the law is the law and he will now have to do the time for the crime which given the above is maybe why the sentencing is what it is. A sad state of affairs all round.

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I'm told the man is question has been battling cancer, as is his wife and mother. But the law is the law and he will now have to do the time for the crime which given the above is maybe why the sentencing is what it is. A sad state of affairs all round.

 

I am genuinly sorry to hear this. As is always the case, the press only report part of a story.

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I would have thought the person to which this story relates could have easily have gone to a PDL and stayed within the law, this person chose not to, tragic as the case maybe, it shows that even someone of a standard of an EA can make a mistake, but a big but he should not have done it period.

 

 

Now this should be a lesson of sorts to all EA's/HCEO's if someone is in need of help then sometimes LISTENING and being COMPASSIONATE reaps rewards.

 

 

It I believe goes a very long way to show the whole of the UK and the enforcement sector that the debt in the UK IS OUT OF CONTROL. To be blunt and to the point here and will accept criticism on this give a DEBTOR a realistic opportunity to pay a debt at an AFFORDABLE level and have a consideration it could be the EA in trouble, as in this case.

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You have made an excellent point Mikeymack but there is something more that should be said.

 

I appreciate that the enforcement agent is suffering from cancer but a little known FACT (and one that HCEO) will likely be aware of) is that it is sadly quite common for bailiffs to be found stealing. In most cases they are sacked and the employer makes an application to court to have the bailiff certificate removed.

 

Hopefully with fee scales that are capped this practice will become easier to detect in future.

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I'm told the man is question has been battling cancer, as is his wife and mother. But the law is the law and he will now have to do the time for the crime which given the above is maybe why the sentencing is what it is. A sad state of affairs all round.

 

Indeed, very sad, however, many of those who find themselves at the mercy of the Bailiffs, will also have a similar story and probably the reason they are in debt.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thx BA it is true but if no compassion is shown it just proves that they are just after fees

 

Which sadly still seems to be the case, as they do their best to make sure they get the £235 by denying all offers until they visit and add £235

We could do with some help from you.

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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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  • 3 weeks later...

So the courts are routinely allowing bailiffs caught commitig theft against debtors to get away with no prosecution or is it the companies covering up acts of crim . An offence itself I imagine protecting their reputation by covering up crime could be considered fraud to as its for for financial gain is future business

Bailiff Advice, when you stated that some EAs are stealing is that by way of creating fictitious fees that go straight in their pocket or just by not declaring

legitimate fees to their company.

[sIGPIC][/sIGPIC]

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You have made an excellent point Mikeymack but there is something more that should be said.

 

I appreciate that the enforcement agent is suffering from cancer but a little known FACT (and one that HCEO) will likely be aware of) is that it is sadly quite common for bailiffs to be found stealing. In most cases they are sacked and the employer makes an application to court to have the bailiff certificate removed.

 

Hopefully with fee scales that are capped this practice will become easier to detect in future.

 

I would disagree completely with what you have said Bailiff Advice.

 

It is certainly not common but of course in any line of work, especially those handling money, it does happen.

 

At a guess I would estimate that approx three a year are sacked over financial irregularities with the bailiff companies making up any shortfall and usually pursuing the ex-bailiff through the courts. In my experience these are often bailiffs that are new to the job unlike the incident this post is about.

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