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HELP ME QUICKLY PLS: bailiff/ car ownership question


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Guest Herbie

We used to have the good fortune of having one particular bailiff posting here who offfered particularly good advice, not only on the fee structure but what bailiffs could and could not do. This person would even draft letters for some people. We lost him over the space of just 24 hours when a number of people took offence to just one comment made and within just a few hours he decided that its. I for once think that we need more contributors like him, and it would be good if BENNYG13 was able to offer good and helpful advice. Reading his posts however, I am not so sure we have found that person.

 

The comment about "Pay what you owe " is most unfair for the following:

 

As a company involved in providing debt advice for many years, I for one, can say that never before have I seen the situation that we are currently facing where there are so many people with debt related problems, and please, before you say that people should cut back on their spending, yes some should...but the majority have had to incur 4 mortgage increases in the past year, nearly 25% increase in electricty and gas , increases in petrol costs and their salaries not increasing at the same level. Now we are also to be hit by increases in Council Tax too.

 

This debt relates to an unpaid Congestion Charge of £8. Which the "penalty" for not paying is then £100 !! ....and when passed to bailiffs it somehow reaches nearly £500. Explain to me the justification for that...

 

As you say you work for the Magistrates Court dealing with "criminals and the like"..... I take it therefore that you work for either Drakes Group, Phillips or Swift, as these three companies were awarded the contracts last April by HMCS. Due to the dreadful powers that Magistrates Court bailiffs have been given under the DVCV Act , HMCS have agreed that all bailiff visiting "criminals and the like" must be Certificated Bailiffs.

 

Finally, I would like to say something about the comment "criminals and the like" by BENNYG13.

 

Our present Government has ordered that "fines" be imposed for the most stupid "offences". Just yesterday our newspapers were telling us about a new £100 "fine" being given out by local authorities for leaving our rubbish bags out ONE DAY EARLY. This fine, if not paid will of course mean more work for the bailiff, but should it be "criminal"......I most certainly do not think so.

 

Many people are prosecuted each year for not having a TV licence, and yet these people are also called "criminals". I have a letter from a Magistrate OBJECTING to this being a criminal matter, because the majority of the people attending his court for non payment of a TV icence.......were "vulnerable" groups of people: single mothers, elderly, suffering from an illness etc.

 

So the message to BENNYG13 is to say that what is needed here is advice, help and support...and if you can offer this then wlecome, but what we do not need is for these dreadful comments to be made by you. The people that come on here are NOT criminals, and are NOT evading their debts...they just wish to pay a fair and just amount.

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whilst you are right about Bailiff's are only following guidelines,this bailiff's remarks have clearly sparked off some negative comments amongst several users of this site.

 

(Ah yes but he didn't think of it till it would avoid the bailiff, and if his self employment doesn't pay for everything he oughta cut down his lifestyle and avoid unnessecary bills (likje the bailiffs)

 

what sort of statement is the above all about

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I would welcome him too - if he gave helpful and constructive advice. If he introduced himself as a bailiff, read a thread, and posted "Here's what to do in your situation now that you're at this stage, or that stage", then all on here would welcome him. But he couldn't resist sniping at people, so... no real loss to the forum. ;)

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It's good to have a debate every now and then,as has been proven we are all united on this part of the forum,Thankyou Herbie for your pm much respected.

perhaps now we can get on with helping people who really need it,sometimes we give wrong advice after all we are only human, but 95% of the time we ALL give good sound advice.

I feel very priviliged to be part of this forum as i'm sure so do many others who participate with their advice.

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Guest Herbie

Message to rac1980

 

I would advise against paying this debt because you feel under pressure until such time as you have received confirmation from the Traffic Enforcement centre at Northampton County Court Bulk Centre as to the date of the Warrant. I have pm's you the reason for this so do please let me know.

 

Their telephone number is: 0845 704 5007. They are very busy, particularly on a Monday morning so do be patient. I can assure you that the staff there are most helpful.

 

 

Let us know how you get on

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Sorry to hear you've been hard done by, sounds like a bit of shoddy practice, not a nice thing, complain, I would.

But does being a single mum with kids entitle you to not poay your fine? I think not. Thats why the bailiffs there, what he did after that was maybe out of order, but he's there because you didn't pay.

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Sorry to hear you've been hard done by, sounds like a bit of shoddy practice, not a nice thing, complain, I would.

But does being a single mum with kids entitle you to not poay your fine? I think not. Thats why the bailiffs there, what he did after that was maybe out of order, but he's there because you didn't pay.

 

***Serious question*** from a bailiff's point of view what/if considerations are taken into account when dealing with debtors who are single parents on benefits, or people on income support for example? I read somewhere that 'vulnerable' people had special rules applied to them, is this true?

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BENNYG If you read my posts properly, i said that I accepted the debt and the reason im in this mess is one reason. ME. Im not at all using my circumstances as a single mum as an excuse, I mentioned that to say I have a lot of commitments that caused me to put this particular debt to one side. wrongly.I shouldve just paid up when it hit 50 or 100 pounds. Absolutely right.

 

What is NOT fair and NOT legal is for these people to first, LIE about coming to my home and two, even if they have visited twice, knocked on my door with no answer..330 quid extra?? for that?? Give me a break.

 

Charge me 50 or 60 or 70 or whatever, but charging 3 times the original for nothing? They're having a laugh. No wait, they're breaking the law.

 

Admittedly, there are people out there who want a free ride. Take as much as they can get away with. But you're mistaken if u think that all people who've had a bailiff calling at their door are lazy, unemployed, uneducated debt avoiders etc.

 

Two weeks ago I had a bailiff from Drakes calling at my home to collect an unrelated PCN. Same scenario, £150 fine, total paid to bailiff: £524.

-He clamped the car b4 even knocking at the door

-He barged past my mum saying 'let me go to her room' (I was asleep, it was 8am) and this guy was HUGE

-My mum had to step in front of him and say 'no u cant go there, her baby is there (I sleep with my baby son)'

-when I came down, he LIED saying he would take anything registered to that address when i asked 'even if it doesnt belong to me?'

-he pressured me to pay on the spot even when my son was on the stairs, reaching and crying for me

-He charged for an ATR the day b4 even though I was PERSONALLY home all day

-He charged for the van even though no goods were removed

 

THIS is why we here are united against bailiffs who work unlawfully. Same as we're against cowboy builders and the like.

 

I think, once it gets to a bailiff stage, people finally have to face up to and accept their debt. Most people do. But for them to go and flagrently abuse the law and power theyre are entrusted with is WRONG.

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THIS is why we here are united against bailiffs who work unlawfully. Same as we're against cowboy builders and the like.

 

I think, once it gets to a bailiff stage, people finally have to face up to and accept their debt. Most people do. But for them to go and flagrently abuse the law and power theyre are entrusted with is WRONG.

 

Precisely the point, but one that some people seem unable to grasp ;) Incidentally, all the guidance any bailiff needs is right here...funny how Drakes never seems to meet it, eh?

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Guest buda01

bennyg13 the reason so many people complain about bailiffs is not because of the job you do but the way it is done. alot of bailiffs make threats that they have no lawfull right to do so, e.g breking in and make excessive charges. its only due to sites like this that people are aware of their rights and have someware to voice their oppinion. as for paying debts, if people cant pay because they havent got the money then involving bailiffs wont improve their financial situation. as for talking to crediters, they are not interested in peoples problems neither are dca's and especially the council. councils are one of the worst, they just give the crap that its out of our hands which is bollacks cus they dont tell you that they are legally liable for the actions of the bailiffs they employ. if you are a council tenant you are also protected by the tenancy act as the council have to act, as your land lord, from threats of harrasment, intimidation etc. you say your one of the good guys, thats means nothing to a debtor. a bailiff is a bailiff just as to you a debtor is a debtor and you dont really give a toss about circumstances. well my home is my home and if any bailiff tried to enter uninvited then he had better have good medical insurance because, trust me, he would need it. book the paramedics in advance.

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