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    • Does this letter refer to the debt type and give an agreement number ? Andy
    • Hi Andyorch,   thanks for your response. I have gone through the CEO channel with multiple correspondence (letters) to no avail hence the choice to go to court. 
    • on a more positive note   "In his opening statement, Starmer said those who denied the problem of antisemitism should be “nowhere near” Labour. Questioned about Corbyn’s response, he said: “I’ll look carefully at what Jeremy Corbyn has said in full. “But I’ve said a moment ago, and I’ll say it again: those who deny there is a problem are part of the problem. Those who pretend it is exaggerated or factional are part of the problem.” In his statement, Starmer said the EHRC’s findings were “clear and stark”.   He said: “I found this report hard to read. And it is a day of shame for the Labour party. We have failed Jewish people, our members, our supporters, and the British public. “And so, on behalf of the Labour party, I am truly sorry for all the pain and grief that has been caused. To Jewish people, our Jewish members, our longstanding Jewish affiliate, JLM [the Jewish Labour Movement].”"     I'll bet we never see anything like a genuine apology from the Tories for the self serving abuses of the few at the top and their associates .... They can start with Dominic Cummings field trip before they get on to the reckless or deliberate miss-management of the Covid pandemic and the Uk's finances.
    • I had a letter last week from Global Arrow about a debt that I am not even sure that I owe. Today I received a letter from Resolve Call claiming to be acting on behalf of Global Arrow and threatening a doorstep visit. I am confused, who do I reply to, Resolve Call or Global Arrow? The thought of a doorstep visit terrifies me and I am concerned for  my son who could be here when they visit. Are there any template letters available? Any advice would be much appreciated. 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Judge ruled that the bailiff had no reasonable belief he was entering a debtor's premises and there was not even evidence of a writ.

 

 

Ruled there was no evidence of a NOE sent to the address.

 

Ruled there was a tort of assualt as the bailiff barged in wearing, in the Judge's words, combat gear.

 

Ruled there was a tort os 'misuse of private information' by the bailiff by taking photos of the homeowner's documents

 

More in the link. Case originally discussed here on these boards

 

 

 

 

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At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief.

There would be quite wrong and it's a shame that this very interesting and relevant video has tried to express this.

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I am not sure what you are expecting.

 

This is nothing new, it is just that the person concerned caught the incident on camera, that makes it newsworthy, apparently.

Simply the EA fell foul of the regulation which defines "relevant premises". I can think of several judgments which agree with this, and found against the Bailiff..:

 

6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

The bailiff may call at relevant premises, this may or may not correspond to any residential information suppled by the creditor or his office, the provision is permitted under his general powers.

 

The point is that the EA must have a reasonable belief that the person lives or works there.

Once the EA acts outside the procedure authorised by his writ(Schedule( 12), he is open to actions under common law or those rules applicable under other legislation.

 

Problems only arise when people take this incident to prove something that it doesn't.

 

 

There is no disputing that the bailiff and the company behaved atrociously, and there is no denying that DCBL makes a habit of this kind of thing

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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11 hours ago, Peterbard said:

This is nothing new, it is just that the person concerned caught the incident on camera, that makes it newsworthy, apparently.

 

 

 

Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.

 

 

 

Quote

Simply the EA fell foul of the regulation which defines "relevant premises". I can think of several judgments which agree with this, and found against the Bailiff..:

 

Confucius  say "he who backpedals, falls off bike." 

 

I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".

 

That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.

 

The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."

 

Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.

 

He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.

 

Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.

 

What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.

 

Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.

 

To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."

 

Seriously? I have to point it out to you.

 

Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.

 

Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:

 

"The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.

 

As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).

 

The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."

 

I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.

 

Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf. 

 

It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.

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On 18/06/2018 at 23:49, dx100uk said:

sniff sniff fMoTl

 

On 19/06/2018 at 16:44, Homer67 said:

The video maker might be but I'm not and Crimebodge is not

Ignoring the rubbish the video maker says the agent does push his way into the property.

 

My opinion is that if the video maker had said hold on there I'll just go and get you some ID the agent would have walked in and the video maker knew that so tried to shut the door but the agent wasn't having that.

 

CB ....this conclusion is true.

 

however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.

 

one could further this by noting were we to agree with all their posts they would be on the siteteam...

i will leave you to understand why not .....

 

On 10/07/2018 at 05:33, Guest Crimebodge said:

Just to set the record straight, I despise Freeman of the Land and everything they stand for. I have done my utmost over the years to protect and rescue people from their recklessness and I consider any suggestion that I am aligned with them as defaming.

 

10 hours ago, Crimebodge said:

Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.

 

don't think anyone did? 

 

regards 

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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Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.

 

I in fact said the opposite. 

"Once the EA acts outside the procedure authorised by his writ(Schedule( 12), he is open to actions under common law or those rules applicable under other legislation."

 

That is what I said. no backpedalling here.

You cant have it both ways.

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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"Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf. "

 

Sorry but my magic wand is out of commission right now. The next best thing would be to provide an accurate reading of the law as it stands.

 

If you are going to discuss the video, then there are sensible matters which could be discussed. Sadly any reasonable debate is impossible, as you always start with the personal abuse, which inevitably leads to thread closure, we have learned that over and over again.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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You say "the judge did not mention relevant premises," well all i can say is that we are both locking at different judgments, because mine says that the agent had no proof to form a reasonable belief etc.

 

Also why have you cut and pasted content of an offsite blog. You dont know it was even written by me?

 

In any case it is out of context because it referred to a bailiff acting within his general powers.

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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17 hours ago, Peterbard said:

This is nothing new, it is just that the person concerned caught the incident on camera, that makes it newsworthy, apparently.

"Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it."

 

Well. l He didn't just use the video for evidence, if he had, it wouldn't be on u-tube. Not that I object to that but just to correct your point.

If he would have come here and I would have seen it , I would undoubtedly recommend an action in tort. But I get the feeling that such a low key remedy was not what you were after.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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"Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose

 

"All the effort put in"? You mean there was some kind of entrapment? Surely not.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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40 minutes ago, Peterbard said:

You say "the judge did not mention relevant premises," well all i can say is that we are both locking at different judgments, because mine says that the agent had no proof to form a reasonable belief etc.

 

Also why have you cut and pasted content of an offsite blog. You dont know it was even written by me?

 

In any case it is out of context because it referred to a bailiff acting within his general powers.

 

Quote

 Just to add regarding the judges remarks, this is from Darrises first post.

 
  • udge ruled that the bailiff had no reasonable belief he was entering a debtor's premises and there was not even evidence of a writ.

     

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Judge ruled that the bailiff had no reasonable belief he was entering a debtor's premises and there was not even evidence of a writ.

 

 

Edited by Peterbard

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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no we never do that without advising.

 

 

 

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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