Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • unclebulgaria67
      Worst shoplifter ever

      By unclebulgaria67 · Posted

      Nothing will happen in regard to this one shoplifting event, other than Sainsburys won't let you shop in this store again.   But, if you continued to shoplift, then the consequences are more serious. Local to me, there  is a town where about 13 people have been banned from shopping in many of the shops. They are subject to some form of order, where if they set foot in any of the stores, they will be subject to arrest by Police.  
    • Nicky Boy
      31J Entering and stopping in a box junction when prohibited

      By Nicky Boy · Posted

      Agree with DX, Sadly, from the pics, it looks like you're bang to rights😪 The rules are very explicit. Before entering the box, you must ensure that you are able to completely exit. It looks like the car in front may have moved a couple of feet and tempted you to set off, but when you did that, there still wasn't enough room to completely exit the box. By all means ask to see the video evidence, but saying you had to stop because the vehicle in front stopped, isn't a valid defence.
    • honeybee13
      Worst shoplifter ever

      By honeybee13 · Posted

      Hello, welcome to CAG. I imagine the letter that the security guards talked about will be a letter from a company or lawyers who specialise in trying to extract money from shoplifters. I think Sainsbury's use DWF solicitors, otherwise it could be a company like RLP. It won't be a 'fine', only the police can do that. Look at this as a parallel 'justice' system that doesn't involve the plice. If you read around the forum for other cases of shoplifting, you'll get the idea of how this all works. If you think your behaviour has become compulsive, we suggest having a chat with your GP who should get you help for this. Best, HB
    • tobyjugg2
      The Power Of Nature.Wild Weather.Climate Change.

      By tobyjugg2 · Posted

      despite our wettest 18 months on record,  Low levels of rain and snow have cut Canada’s hydropower production, forcing it to increase electricity imports from the U.S.   - NYT
    • Crazydog22
      Worst shoplifter ever

      By Crazydog22 · Posted

      Hi all…. i was wondering if someone could help me. I am ashamed I have been caught shoplifting from Sainsbury’s by two undercover security guards who I suspect have been following me for a week now… I have been impulsively shoplifting due to what I think could have become an addiction of some kind. I am ashamed of what I had been doing and I do believe being caught has been for the greater good. i was taken to a room and asked to empty my bag, the guards were slightly rude but I complied with them politely as I know they are just doing their job and I am in the wrong. They retrieved my address, name, birthdate and took a photo of me, they asked me how many times I had shoplifted and I said twice and I didn’t want to be foolish and say just once. They issued me a letter of ban from the store and if I was caught in the store again the police would be called. They told me I would be paying 2x what I had stolen today as the goods had been damage which I am guessing is stole around £65 worth roughly. I did offer to pay for the items I had stolen on the day but they declined. They did not call the police but let me leave after claiming I was a lucky person. They told me to expect a letter in the post and that I “would be smart not to ignore it”  what should I be expecting in the post from them? I am aware from reading a lot online about security costs.. people mentioned to ignore these costs however as I had damaged the labelling on the goods should I still comply and pay the fines ?  kind regards awful shoplifter

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Excel enforcement - council tax!!2015-2016

paulie100
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3048 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

paulie100

paulie100

Posted
Posted

Had a visit from bailiff at 7am this morning, this years council tax!!2015-2016..

 

 

didn't let them in and don't intend to,

car was outside but in my son's name.

..he asked for log book and insurance...(isn't log book enough proof?)...

.

Now he has seen those documents would it be illegal for him to attempt to clamp it?

 

If I don't leave them in will it just be sent back to the council and bailiff fees removed?

shall i just wait?

 

I asked the council if i could make an arrangement to pay and they said make it with Excel not us

...anything i can do about this?

 

The bailiff threatened to call the police when i wouldn't leave him in, can they do this?

 

I assume the bailiff will try calling again?

 

Thanks

Link to post
Share on other sites
ploddertom

ploddertom

Posted
Posted

You certainly do not have to let him of your own free will, it is a seriously bad idea. As for involving the Police it sounds as if he may be trying to intimidate you into believing you have to let him in. He may try & hoodwink the Police into thinking you are obstructing him in the course of his duty & of course the chances are the Police will know no better, if they do come calling then speak to them through a locked door or upstairs window.

 

You are correct in your thoughts it may eventually go back to the Council but this will be some way off yet & the Bailiff will visit again a few times.

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites
paulie100

paulie100

Posted
  • Author
Posted

Thanks Ploddertom

Would the police really be interested in this being a civil matter, I was very polite to the bailiff by the way:)

Don't see what they will get out of calling back...unless they think they may find the door open?

As they have now seen the log book etc for the car, will they leave it alone?

Thanks

Link to post
Share on other sites
Bailiff Advice

Bailiff Advice

Posted
Posted

 

As they have now seen the log book etc for the car, will they leave it alone?

Thanks

 

Although the V5C states upon it that it is only proof of the vehicle keeper, the fact remains that statutory regulations exists that state that the V5C is proof of ownership and bailiff companies know this.

You say that you want the council to take the account back. In most cases, the account would have been with the council as little as 2-3 weeks beforehand. Did you make a payment proposal with the council before they passed the debt to Excel?

Link to post
Share on other sites
GrumpyToSayTheLeast

GrumpyToSayTheLeast

Posted
Posted
Although the V5C states upon it that it is only proof of the vehicle keeper, the fact remains that statutory regulations exists that state that the V5C is proof of ownership and bailiff companies know this.

You say that you want the council to take the account back. In most cases, the account would have been with the council as little as 2-3 weeks beforehand. Did you make a payment proposal with the council before they passed the debt to Excel?

 

Where does it say this in statutory regulations? I'm not doubting you, I have just never seen it written that a v5c is PROOF, but it may be regarded as an INDICATION of ownership.

I.e, v5c in a wife's name, then we would require proof or PURCHASE.

V5c in a neighbours name at neighbours address would be deemed as absolute proof in almost all circumstances.

Link to post
Share on other sites
Bailiff Advice

Bailiff Advice

Posted
Posted
Where does it say this in statutory regulations? I'm not doubting you, I have just never seen it written that a v5c is PROOF, but it may be regarded as an INDICATION of ownership.

 

V5c in a wife's name, then we would require proof or PURCHASE.

 

V5c in a neighbours name at neighbours address would be deemed as absolute proof in almost all circumstances.

 

I was asked a few months ago to write an editorial article on the subject of vehicle ownership and only a few days ago had a 'gentle reminder' as the editorial's publishing date is early January. I intend posting a copy of the article on the forum (under the discussion section) shortly after Christmas.

 

In relation to your point that if a V5C is in the wife's name that you would require proof or purchase. I am sorry but you are he WRONG (and this will be clear in my article).

 

In brief, the relevant Acts of Parliament (which I will be providing full details about) are clear in that the presumption is that the owner is the person in whose name the vehicle is registered. Accordingly, a Notice to Owner will be sent to the person who is named on the V5C.

 

If the person receiving the NtO considers that they are not the owner, then once again, the relevant Act of Parliament provides that they can appeal to the local authority.

Link to post
Share on other sites
Bailiff Advice

Bailiff Advice

Posted
Posted

In relation to a Penalty Charge Notice, as mentioned above, the laws states that the person named on the V5C is considered to be the owner of the vehicle. There are only three ways in which this can be challenged:

 

One: By demonstrating that although the person named is the registered keeper, that he never owned the car. It would usually be the case that this involved some error with the DVLA registration.

 

Two: That the person disposed of the vehicle before the date of contravention.

 

Three: That he did not become the owner until after the date of the contravention.

Link to post
Share on other sites
GrumpyToSayTheLeast

GrumpyToSayTheLeast

Posted
Posted

So from now on, even if its a £100,000 Bentley purchased by the debtor and used daily by the debtor, but registered to his wife, it cant be siezed? I think not ba. We do NOT accept a v5c as proof of ownership and nowhere in the regulations does it state that it is.

Its an indicator of ownership, but not proof.

 

However, if what you are saying is correct, then a financed car registered to the debtor is fair game? As you say, the v5c is proof of ownership and therefore the finance company cant argue that?

Link to post
Share on other sites
Bailiff Advice

Bailiff Advice

Posted
Posted
So from now on, even if its a £100,000 Bentley purchased by the debtor and used daily by the debtor, but registered to his wife, it cant be siezed? I think not ba. We do NOT accept a v5c as proof of ownership and nowhere in the regulations does it state that it is.

Its an indicator of ownership, but not proof.

 

However, if what you are saying is correct, then a financed car registered to the debtor is fair game? As you say, the v5c is proof of ownership and therefore the finance company cant argue that?

 

I take great care in making sure that I provide accurate information. Honestly, I am correct on this particular subject (and my information is based upon the Court of Appeal).I will pm some info to you over the weekend.

 

Using the scenario above (the £100k Bentley). In fact, the new regs do permit the car to be seized in some cases. The new clause allows for 'jointly owned' goods to be taken into control.

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted (edited)
The thread is going off topic and we are in danger of getting told off by the moderators as they do really do like discussions to take place on the proper section of the forum. I have written a number of times about this subject on the forum in the past and provided relevant legislation (some of which seems to copied elsewhere). That legislation has been updated and as mentioned, I will provide a copy of the article shortly.

 

The Road Traffic Offenders Act 1988 is not appropriate.

 

Correct.... so all posts from MM post 11 dated 12th December are going to be taken off and put into their own thread :)

 

which can be found in the link below.

 

Discussion thread

Edited by citizenB

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

Link to post
Share on other sites
  • 3 weeks later...
paulie100

paulie100

Posted
  • Author
Posted

Hello, didn't realise this post had moved along :)...anyway, have not heard from the EA for a few weeks, i asked the council if i could pay them direct and they said NO...i must pay the EA...so then would obviuosly have to pay their fees also...so what should i do...wait until it is sent back to the council or pay the EA and suck it?...thanks

Link to post
Share on other sites
AndyOrch

AndyOrch

Posted
Posted
Hello, didn't realise this post had moved along :)...anyway, have not heard from the EA for a few weeks, i asked the council if i could pay them direct and they said NO...i must pay the EA...so then would obviuosly have to pay their fees also...so what should i do...wait until it is sent back to the council or pay the EA and suck it?...thanks

 

Post moved to the correct thread.

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 - The National Consumer Service

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

Link to post
Share on other sites
paulie100

paulie100

Posted
  • Author
Posted

Hi,

 

 

I have had a HCEO visit a couple of times for council tax,

i have not let them in

 

 

the last time they came they said they would call the police,

I told them to do that and they backed down, showed them proof car outside was not mine.

 

Today they called when i was not in

 

 

left a letter saying that they would call at my place of work (i work in a shop) if i didn't answer.

 

Can they call at my work?

 

Thanks

Link to post
Share on other sites
brassnecked

brassnecked

Posted
Posted

How much is the debt?

 

Have you made an offer to the bailiff when he called and you showed him car wasn't yours? as with the visit they have moved from the Compliance Stage to Enforcement

 

Don't think they can call at your work, wouldn't be pleasant if they approached you as you were serving customers, as in a shop full of third parties who could overhear everything so bailiff would be breaching Data Protection.

 

If he did might be grounds for Formal Complaint to Council.

 

I think this should be on the Bailiff Forum, will ask site team to move it

 

.

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 OTHERS

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!

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

wont be HCEO for ctax..

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... 

Link to post
Share on other sites
paulie100

paulie100

Posted
  • Author
Posted

Hi

I haven't made an offer yet, i did make an offer direct to the council but they would not accept it, told me to deal with the bailiff, it's for £900 + fees now. I was going to wait until it was sent back to the council?

Car, they have proof that it is not mine.

Work, i do not really want them calling as i am a retails shop assistant and it would be unpleasant.

Shall i inform the council they have threatened this.

Should i just make an offer to the bailiff?

thank you

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

phone the relevant council CO and complaint

 

 

they are responsible for what they do/say

 

 

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... 

Link to post
Share on other sites
brassnecked

brassnecked

Posted
Posted

Deffo call council and tell them that the bailiff has written to you threatening to call at your work, keep that letter as evidence.

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 OTHERS

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!

Link to post
Share on other sites
Bailiff Advice

Bailiff Advice

Posted
Posted
Hi

I haven't made an offer yet, i did make an offer direct to the council but they would not accept it, told me to deal with the bailiff, it's for £900 + fees now. I was going to wait until it was sent back to the council?

 

Should i just make an offer to the bailiff?

 

thank you

 

The debt would have been with the council only a few weeks back. Did you make a payment proposal to the council at that time.

 

Before getting to the very last stage of a personal visit you should have received a Notice of Enforcement from Excel. A fee of £75 would have been added to the debt at that stage. A payment arrangement can be set up during what is called the 'Compliance stage'. This is the date given on the Notice of Enforcement. Did you contact Excel to make a payment proposal?

 

The debt has now increased by way of an enforcement fee of £235. In time, the debt may well be returned to the council but this will usually only be after about 3-4 months.

Link to post
Share on other sites
paulie100

paulie100

Posted
  • Author
Posted

Hi

I haven't made contact with Excel, should i do this and suck up the fees or wait until it is sent back to the council?

The council will not accept an offer directly while it is with Excel

Are they allowed to turn up at my work? even if they know there are no goods there.

Link to post
Share on other sites
brassnecked

brassnecked

Posted
Posted
Hi

I haven't made contact with Excel, should i do this and suck up the fees or wait until it is sent back to the council?

The council will not accept an offer directly while it is with Excel

Are they allowed to turn up at my work? even if they know there are no goods there.

 

the options are negotiate payment with Excel if they are unreasonable as in pushing for an unaffordable arrangement, Formal Complaint to Head of Revenues, CEO, and Elected Leader enclosing a copy of that letter threatening a workplace visit.

 

Or you tough it out and wait, but you will be on pins for months awaiting the knock. The upside is they cannot add any more fees UNLESS they get into your home and list goods on a Controlled Goods Order, and they remove them and add the £110 Sales Fee and other Storage fees. So don't let them in.

 

If they do fetch up at work call the police, but the police MAY side with the bailiff as they are often clueless as to what bailiffs powers really are

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 OTHERS

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!

Link to post
Share on other sites
paulie100

paulie100

Posted
  • Author
Posted

OK, thank you for all the advice, best to make an arrangement with them i think, although i hate to bow to bailiffs!!....and he was a particularly cocky one as well!!....i will write to the council first though.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...