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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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court case by minder dismissed - now got dca at my door


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Hi

 

i have had a similar experience with a child minder

 

She took me via MCOL to a county court over a debt

the claim was struck out but

 

now she has instructed bailiffs.(correction -a dca - DX)

 

What I need to know is if the claim was struck out how come she can instruct bailiffs , has she broken any laws in doing so and can i now counter claim?

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HI I've been taken to a county court by a child minder for non payment .

The claim was struck out by the judge but the other day i received a letter from a bailiff .

What i need to know is if the claim was struck out has she acted unlawfully by instructing bailiff and can i now counter claim.

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I don't think you mean a bailiff I think you have a letter from a DCA they ARE NOT BAILIFFS 

whos it from.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi i have had a similar experience with a child minder She took me via MCOL to a county court over a debt the claim was struck out but now she has instructed bailiffs. What I need to know is if the claim was struck out how come she can instruct bailiffs , has she broken any laws in doing so and can i now counter claim?

 

She cant...and you have conformation the claim was Struck Out / She didn't set it aside?

 

If not then simply show the Bailiff the Strike out order.

 

Andy

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I bet its a Baliff company that also does DCA work

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I had a disagreement over opening hours with a child minder . she did not open when she said she would ie at 7 am .

This cost me money as I am self-employed . i found another setting for my children and refused to pay her as she had broken a written and verbal contract. She took me to the county court and the judge struck out the claim 

.Now she has instructed a collection agency to recover her so call losses .I have spoken to the court and they have informed me that she is breaking the law by engaging this collection agency. I wish to counter claim on MCOL but am not 100% certain what laws she has broken.

For sure she has cause my family upset and distress . This case has been going on since the summer hols 2014 anybody got any suggestion what i can pursue her with through MCOL. thanks:-x

Sorry mikeymack2002 but what is an EA the firm is called BFL solutions ltd and they collect money for childminders and nurseries alike 

i have the letter fom the court and spoke to the court this morning they tell me that she is acting illegally so i want to pursue her through MCOL but require knowledge of what law she is breaking

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Threads merged

 

She has not broken any laws by employing a powerless dca

 

They are not baillifs

And have no legal powers whatsoever

 

Simply ignore them

 

DX

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry mikeymack2002 but what is an EA

 

Enforcement agent another word for bailiffs

 

In your case you are dealing with a debt collector

They have no powers apart from talking dribble (similar in that aspect)

They can be ignored they will give up eventually

Once they realise they won't get any money out of you

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If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi, I agree somewhat with the others opinions however, I suspect she hasn't informed BFL that the claim she made was struck out. BFL can take no action against you as this matter has already been decided by the courts.

Personally, I would send BFL one letter with a copy of the strike out notice and put them on warning that any further contact will be treated as harassment.

 

Just to show what a poor company they are, the home page still displays an 'OFT approved' logo. The OFT are no more and haven't been for some time now.

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:-ohi and thanks 

i feel so strongly about the way this child minder has behaved she is just a bully

and i want some sort of redress for the way she has acted.

I,m in business myself and if i acted like her i would have no customers.

she has constantly either by phone or text demanded this money that i do not owe her.

I want to take her through the courts so she cant do this to other parents.

she cited on the court papers that i had committed Fraud

is this Defamatory and can i get her on a harassment charge for demanded money with out due cause?

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send a brief letter/email to the DCA and enclose a copy of the Court’s Order which confirms that you are not liable for the debt claimed by their client and therefore if they (DCA) make any further attempt to contact you in relation to the same, you will make an application to Court for an Order against them and their client under s.1 of the Harassment Act 1997.

Send a copy of your letter/email to the child minder and also state:-

The purpose, therefore, of this correspondence is to put you on notice as to the same.

no further notice will be served.

All rights as to disclosure hereof are reserved.

ibberty bibberty

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Well you can most certainly apply to the court for a restraining order against her.

 

If her comments are defamatory, then that is another matter entirely, but in order for you

to get her to stop the harassment, then a RO would be best IMO.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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