Mother found guilty of obstructing a High Court Enforcement Officer...told by Judge to expect to be sent to prison.

[Peterbard]

I have said this before, that i cannot see the point of a debate about bad advice from social media. It is just replacing the 'man down the pub'. In the past people would go to their local pub and there would usually be a chap that knew all about issues and he had heard from others from their mate down the pub, that if they took such action, it would solve their problem.

 

You will never get to the stage, where there is one advice site that is seen as offering best advice. Those that want to believe advice which sounds like a miracle cure, are going to still believe it, however hard you try. How many posts have we seen on CAG where people have bought some cheap or free diet product from China, when they then get charged a silly sum of money. There are huge numbers of articles and postings to forums warning of these sc*ms, but those who want to believe will still be taken for a ride.

 

Whilst you are probably right about the died in the wool FMOtL on these forums. The intention though is to inform those who come for help, and hopefully to steer them away from any advice which will make their problems worse.

 

If people can see the results of accepting this advice on previous occasions it may go a long way to assist them in avoiding the same outcome.

[Bailiff Advice]

 

Yesterday, on the same social media site another lady reported that she had received a visit from a bailiff representing Marston Group in relation to one penalty charge notice. She confirmed that she knew of the debt. She refused to speak with the enforcement agent and as a consequence, her vehicle was clamped. Given that the vehicle cannot be removed unless a period of two hours has passed, the enforcement agent left the property.

 

She was encouraged to deflate the tyre on her car and remove the wheel clamp. She did so. Stunningly, she then posted on the site to ask whether it was true that if she took the clamp to the police station, that she would not be prosecuted !!! It would seem that she was another person who believed JasonDWB's (The Guru's) inaccurate theory. She was told to move her car and keep it hidden.

 

This morning, she posted that the enforcement agent had located her car. It has been removed to the vehicle pound and the debt has significantly increased by way of the sale stage fee of £110 and she is now also being charged storage fees.

 

UPDATE:

 

After the vehicle was taken this lady was advised to transfer ownership of her car to her husband (this is despite the fact that bailiffs can remove jointly owned goods).

 

She was told to backdate the V5c by one week (this would not assist her as goods belonging to her are considered 'bound' from the date of the Notice of Enforcement which would have been dated a few weeks beforehand).

 

She is incurring £18.00 per day storage. The debt has therefore increased by nearly £100.

 

She has confirmed that the car was purchased by her father for £6,000 and that the insurance is in her name (although her hubby is a named driver).

 

Yesterday, her husband (as the new owner) telephoned Marston Group to ask for the release of 'his' car. He has encountered a problem. The debtor is now worried because Marston's are asking him for proof of 'sale', transfer of insurance' and evidence of payment made to 'purchase' his wife's car.

 

This lady has not only been led into committing a criminal act by removing the wheel clamp, she is also in the position whereby her debt has increased by £110 for the removal fee and £100 to date for storage with ongoing daily fees of £18.00.

[mikeymack2002]

BA not having a go here but I am very worried you have referred to the site yet again and named them.

 

Have you not thought that by doing so you are causing as much of this issue as anyone else.

 

Promoting a site isn't good if they allegedly given poor advice is it? It also looks like you are trying to get the debtor to look for 'other sites' that is sites other than Jason's.. This includes those that offer any type of paid for service/s. How do we know that if they find another site that even those sites could give wrong advice! I could name a few but I don't advertise these sites...

 

From what I read here on CAG is your battles with Jason spill over on to this board and then it turns that posts get 'flamed' there is a legal process you can go down if you can prove your allegations to the high standard needed to prosecute; if indeed any offence has even been committed.

 

The OP gas indeed provided the EA the proof they need to pass this over for further investigation. They did this by possibly providing a false document in a legal process. I hope they the OP doesn't face further issues due to this advice...

[brassnecked]

Whilst you are probably right about the died in the wool FMOtL on these forums. The intention though is to inform those who come for help, and hopefully to steer them away from any advice which will make their problems worse.

 

If people can see the results of accepting this advice on previous occasions it may go a long way to assist them in avoiding the same outcome.

That is the sensible approach, enable the enquirer to manage the debt and start payiong it off in the most affordable way in their circumstances. FMOL helps no one.

 

People should realise Social Media is mainly PUBLIC, and anyone can see the information posted, also that if they go on one of these pages, their FaceBork or other profile can be viewed so their personal details are there for all the world to see unless they have locked their profile down with full privacy. Even then an EA could set up a spoof profile and send a Friend request, if granted they then can see what is posted on that debtors personal wall.

[brassnecked]

UPDATE:

 

After the vehicle was taken this lady was advised to transfer ownership of her car to her husband (this is despite the fact that bailiffs can remove jointly owned goods).

 

She was told to backdate the V5c by one week (this would not assist her as goods belonging to her are considered 'bound' from the date of the Notice of Enforcement which would have been dated a few weeks beforehand).

 

She is incurring £18.00 per day storage. The debt has therefore increased by nearly £100.

 

She has confirmed that the car was purchased by her father for £6,000 and that the insurance is in her name (although her hubby is a named driver).

 

Yesterday, her husband (as the new owner) telephoned Marston Group to ask for the release of 'his' car. He has encountered a problem. The debtor is now worried because Marston's are asking him for proof of 'sale', transfer of insurance' and evidence of payment made to 'purchase' his wife's car.

 

This lady has not only been led into committing a criminal act by removing the wheel clamp, she is also in the position whereby her debt has increased by £110 for the removal fee and £100 to date for storage with ongoing daily fees of £18.00.

 

If the Father bought the car and claimed ownership, the EA would probably argue that the car was "a gift" so the daughter is the owner.

 

It has gone way too far now,and she will likely never see it again, and when sold will still owe Marstons for some fees, notwithstanding any criminal charges brought against her and her husband, Conspiracy to defraud amongst them.

 

Now there's a thought, If a certain person had advised them to commit a crime on a forum could they be complicit in a conspiracy?

[mikeymack2002]

Here's a great thought. Perhaps admin can make a sticky and includes links to reputable and authorised debt advice sites. If a debtor comes looking they will/may see this and then be guided to the best sites available? .... Then we as posters could ask them to visit that sticky!

[Peterbard]

MM this isx a discussion thread not an advice thread, if you do not want to contribute no one is twisting your arm mate.

 

Itis for the site tem to say if posts are appropriate or not surely.

It seems to me that this part of the forum was created to discuss ideas regarding bailiff law, the groups you mention in the main state alternative views, should we not point it out and discuss..

[mikeymack2002]

I don't disagree with you DB a suggestion is a discussion is it not. I think that the sticky would be a good idea don't you?

 

After all giving the best advice is what is needed. I have often suggested different views but get shot down. Then turns out it was right at the time.. but that's the nature of advice. The OP has the choice which to take.

 

If the advice is/was wrong the only person to blame is the person taking it.. If in doubt please take professional legal advice even if you have to pay for 30 mins of it with them

 

Why? Because it's cheaper in the long run and not only that it will be accurate too.

[Bailiff Advice]

BA not having a go here but I am very worried you have referred to the site yet again and named them.

 

Have you not thought that by doing so you are causing as much of this issue as anyone else.

 

Promoting a site isn't good if they allegedly given poor advice is it? It also looks like you are trying to get the debtor to look for 'other sites' that is sites other than Jason's.. This includes those that offer any type of paid for service/s. How do we know that if they find another site that even those sites could give wrong advice! I could name a few but I don't advertise these sites.

 

MM.

 

This particular thread like so many others on the discussion part of this forum, is once again under threat of going 'off topic' and causing wholly unnecessary arguments and given the subject matter, that would be such a shame.

 

Can I just correct you. I have not referred to any site and in fact, the truth of the matter is that the lady who is facing a prison sentence next week has been posting on the largest social media site in the world....(and not the smallest one) . Moderators would prefer that it is not mentioned on here so I will not do so.

 

In relation to the individual you have named (The Guru) the fact remains, that this person's misinformation is likely to be responsible for over 90% of the wrong advice on the internet regarding bailiff enforcement and furthermore, it is his inaccurate information that is costing debtors thousands of pounds every single day and leading to more and more prosecutions like the one that this thread is about.

[Peterbard]

In any case i am not going to stop commenting on incorrect and dangerous advice wherever it comes from the fact it derives from one major source is academic

[mikeymack2002]

It's a shame that the OP faces such a serious outcome. Since this is so serious (Court speak) I hope that they have sort professional advice. I wish them luck and if they can that they or someone updates the thread with the results of the day..

[Bailiff Advice]

 

It's a shame that the OP faces such a serious outcome. Since this is so serious (Court speak) I hope that they have sort professional advice. I wish them luck and if they can that they or someone updates the thread with the results of the day. .

 

MM, If you look back on my initial post regarding the trial (link below) you will see that she is being represented by one of the largest criminal law firms in the country. I will of course update the thread as as when any new information becomes available.

 

It's a shame that the OP faces such a serious outcome. Since this is so serious (Court speak) I hope that they have sort professional advice. I wish them luck and if they can that they or someone updates the thread with the results of the day..

[Bailiff Advice]

 

Yesterday, on the same social media site another lady reported that she had received a visit from a bailiff representing Marston Group in relation to one penalty charge notice. She confirmed that she knew of the debt. She refused to speak with the enforcement agent and as a consequence, her vehicle was clamped. Given that the vehicle cannot be removed unless a period of two hours has passed, the enforcement agent left the property.

 

She was encouraged to deflate the tyre on her car and remove the wheel clamp. She did so. Stunningly, she then posted on the site to ask whether it was true that if she took the clamp to the police station, that she would not be prosecuted !!! It would seem that she was another person who believed JasonDWB's (The Guru's) inaccurate theory. She was told to move her car and keep it hidden.

 

This morning, she posted that the enforcement agent had located her car. It has been removed to the vehicle pound and the debt has significantly increased by way of the sale stage fee of £110 and she is now also being charged storage fees.

 

This particular thread is an important one as it deals with the offence of 'obstructing' a High Court Enforcement Officer. The debtor is due in court later this week for sentencing and it is hoped that she will not be sent to jail. Naturally I will update the thread with any further information.

 

In relation to the above post, this concerns a seperate matter altogether which had featured on the same large social media site. There are further serious developments this this 2nd case and accordingly, in order to avoid confusion, I have started a new discussion thread regarding this case (link below)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459986-Transferring-or-selling-a-vehicle-to-avoid-bailiff-enforcement.(28-Viewing)-nbsp

[caledfwlch]

If the Father bought the car and claimed ownership, the EA would probably argue that the car was "a gift" so the daughter is the owner.

 

It has gone way too far now,and she will likely never see it again, and when sold will still owe Marstons for some fees, notwithstanding any criminal charges brought against her and her husband, Conspiracy to defraud amongst them.

 

Now there's a thought, If a certain person had advised them to commit a crime on a forum could they be complicit in a conspiracy?

 

Joint Enterprise might be a good one, since Conviction carries a Sentence as high as if not higher than what the person who actually comitted the offence gets!

 

That Woman in London, possibly a Social Worker or similar Professional - the Met are desperately trying to get her convicted of Joint Enterprise, because she attended an iirc housing related protest, and a couple of protesters put stickers on windows - Plod have no idea who did this, so instead are going after people like this woman under JE, even though she likely does not even know who they are.

[citizenB]

Here's a great thought. Perhaps admin can make a sticky and includes links to reputable and authorised debt advice sites. If a debtor comes looking they will/may see this and then be guided to the best sites available? .... Then we as posters could ask them to visit that sticky!

 

 

I think we have included the likes of StepChange, PayPlan and National Debtline in a few stikkies, MM

[ploddertom]

Have we heard how sentencing has gone?

[colin11]

Well, She escaped prison, At least she offers some good advice

 

What she had to say

‎

Just want to say a massive thank you to Tammie and Jo for their help and support. Tammie kindly attended court with me today and Jo has helped give excellent advice and support and taken time to write up my defences for some CCJs'.

Those that know my case, I got sentenced to a fine totalling £525 in the end. Beats a prison sentence for sure. The Judge and Magistrates clearly disregard the version of events from law abiding citizens and instead favours the Bull crap that comes out of Bailiffs and coppers mouths. Bull crap that even listening too made you raise so many eyebrows its hard to see how the Judge or Magistrates failed to see what was in front of their short sighted eyes!

Moral of my story guys is deal with your debts straight away! Please do not bury your head in the sand and hope for the best! It is far better to deal with the debts at an early stage rather than when that bailiff is at the door. If a bailiff attends don't have vehicles in your name near your home, keep your doors locked and film everything! By filming them, the evidence can be used against them!

My last point is this, if you don't know what advice is the correct advice to give wait for admin. They really know what they are doing and can help get the right information to the person at the right time.

My next steps are now to issue my own complaints against the bailiff and the police and take it from there.

Thanks also to everyone else for their support through my arrest and subsequent trial. It has been a stressful 6 months and whilst I didn't win, the fight is not over. The bailiff and the police involved are now on my hit list to deal with! grin emoticon

[Bailiff Advice]

Have we heard how sentencing has gone?

 

 

My last point is this, if you don't know what advice is the correct advice to give wait for admin. They really know what they are doing and can help get the right information to the person at the right time.

 

I doubt for one minute that the idiots who give out such misleading information will take the blindest bit of notice of her above comment.

[brassnecked]

I doubt for one minute that the idiots who give out such misleading information will take the blindest bit of notice of her above comment.

No chance at all.

 

Mind you regarding Obstruction as an offence itself, it can apply to third parties. if a Dyslexic bailiff took XX121XYX instead of XX112XXX the third party owner could technically get done for obstruction if they tried to prevent the bailiff taking it when he ignored evidence of ownership.

 

Silly example but a new owner of a vehicle could certainly end up being prosecuted in that manner in the time DVLA take to change the Keeper details when a bailiff called for the for the previous owners fine/PCN.

[caledfwlch]

No chance at all.

 

Mind you regarding Obstruction as an offence itself, it can apply to third parties. if a Dyslexic bailiff took XX121XYX instead of XX112XXX the third party owner could technically get done for obstruction if they tried to prevent the bailiff taking it when he ignored evidence of ownership.

 

Silly example but a new owner of a vehicle could certainly end up being prosecuted in that manner in the time DVLA take to change the Keeper details when a bailiff called for the for the previous owners fine/PCN.

 

It is a ludicrous offence and should be challenged in the Supreme Court, and if necessary the EU Human Rights one, it is a ridiculous thing to exist, to legally punish an innocent person for protecting their property which an EA has no right to take.