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    • Yes almost Stature Barred. Which means? So basically I wait and see what happens?  Yes i believe so and is this a new 1 upon you guys? 
    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
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Guest buda01

i agree with you pliny 100%.

 

the thing with bailiffs is you would think it was their money in the first place, as though you owed them personally and not the courts or banks or council etc. bennyg13 makes out hes doing a service to everyone by chasing criminals, or idiots as he calls them. does he and others in the same profession go after people who have been fineded for ABH or Section 18 wounding or other acts of violence, NO cus their arses start twitching in case they meet up with some one who doesnt give a toss about who they are and is probably likely to tell them to **** off or to smak them one.

so they play safe and go after real criminals such as single mothers who didnt pay the fine for not having a telly licence people who put their rubbish out to early and a baked bean can fell out, so they get fined by the council and lets not forget forgetting to put your seat belt on before starting the engine or congestion charges or may be doing 31 in a 30 zone.

 

i suppose we can all sleep safer in our beds knoing these bottleless tossers go after REAL criminals. i think not.

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Bennyg13 now that i have calmed down from reading your obviously uncalled for remarks that you have made to others,I now have a question for you concerning one of your remarks that you made in the Bailiff's section.

BELOW IS YOUR OWN WORDING

 

 

 

(Oh and I pay my bills as ontime as I can, and any fines i get, or I make contact with the people I owe money too, just a suggestion to everyone else, try it!)

 

MY QUESTION TO YOU IS

Why should YOU owe money to any one ??, is the lifestyle you are living too high for your income,perhaps you should go on your own advice and cut back on luxury items . and why would you have fines ?? after all you state that if we abide by the law then none of us would have a reason to complain regarding parking fines,speeding tickets etc etc. so i'm baffled as to what your fines would be, certainly none of the above as you are an upstanding member of the community.

P.S thanks to other members for support:)

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And before to try to say that each bailiff will make 30 calls per days.......utter nonsense. Try telling that to your own professional body....as I do have published figures. The norm is approx: 8 -10 calls per day.

 

A bailiff who does 8-10 calls must be a very lazy bailiff or must work in the best of areas where every account holder is paying. I personally know bailiffs who go out and can knock on 40 doors a day and still not earn a penny.

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No

Those that claim to do 30 calls a day simply push their letter through the door in order to increase their charges.

 

They don't even bother to knock

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No

Those that claim to do 30 calls a day simply push their letter through the door in order to increase their charges.

 

They don't even bother to knock

 

Well some of em might but i know ones who do knock on 30 doors a day. And if they are working on magistrate court work they can not put fees on as they are automatic, they can only add fees if seizure happens.

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Without going into a debate the average of eight calls a day would be normal on the basis of eight entry's into a property averaging 40 mins each would bring 7 hours work, that would be including travelling time and also sorting out the paperwork for their next client so i can agree with eight SUCCESSFUL calls.

30 SUCCESSFUL calls would mount to on average 20 hours,so it would be fair to say that 20 of the 30 calls would be placing a letter through the letter box.

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Makes you wonder just why there are SO MANY complaints against bailiffs, doesn't it, when they are all so keen to obey the law.

 

Ah yes but 2 wrongs don't make a right. Do YOU expect to be abused both verbally and physically at work EVERY day?? No I think not, shame you think I (and other bailiffs) should put up with it.:mad:

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Ah yes but 2 wrongs don't make a right. Do YOU expect to be abused both verbally and physically at work EVERY day?? No I think not, shame you think I (and other bailiffs) should put up with it.:mad:

 

I didn't say that - please don't misquote me or try and put words into my mouth.

 

If your profession behaved rather differently (and there IS a wealth of evidence) - and didn't approach looking (and acting?) like a bunch of thugs, you may get an entirely different response.

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Bennyg13 once again i ask you to answer my question,you have responded to another post yet will not answer mine ??

Please do not feel i am picking on you,or that i am trying to belittle you, i just want you to justify your own words as will be found in my earlier post on this thread.

i await in anticipation.

setmefree

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OK - here's an example. I am currently waiting for my application for a Bailiff Certificate to be processed, and the hearing is in May.

 

Yesterday I got a phone call from a distressed female friend who had a "bailiff" on the doorstep. She put him on the phone to me and we agreed that he would wait until I arrived before doing anything, and also would be ok with her.

 

I arrived and agreed to pay the fees, totalling £88.50 which would allow him to add the debt to the exisitng payment plan in respect of previous years CT. To be frank I did not do the arithmetic in as much as levy fees etc. My friend was distressed enough and I wanted the money paid and him out of there.

 

I then took a phone call and the devious blighter walked into the house, where he proceeded to levy. Annoyed that I'd let him get away with this, I decided to chat about where he got his bailiff certficate etc etc. The long and the short of it was that he is not certificated!

 

He has applied for one, Today I rang his company and I am delighted that they've cancelled all fees and are going to reprimand him as apparently he was to knock, see if someone was in and get a certficated bailiff there to do the levy.

 

However, it appalls me that someone could try to take advantage of a young mum with three kids at home. If she did not know me, she would have been stung for £90 not knowing any different or been faced with having goods removed. This is why the bailiff industry has a bad name and this practice has to stop. No ifs, no buts. If you attend at an address to enforce court orders you should be certificated/regulated etc etc.

 

How many other people got stung yesterday by this unscrupulous practice which was only caught out because my friend called me and I got chatting. It beggars belief.

 

Not all of us are bad guys - but I'm beginning to think the bad ones outnumber the good ones.

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Ah yes but 2 wrongs don't make a right. Do YOU expect to be abused both verbally and physically at work EVERY day?? No I think not, shame you think I (and other bailiffs) should put up with it.:mad:

 

Simple change jobs

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repoman thanks

 

How refreshing to see it stated like it is honestly particularly from someone on the otherside so to speak

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i agree with you pliny 100%.

 

the thing with bailiffs is you would think it was their money in the first place, as though you owed them personally and not the courts or banks or council etc. bennyg13 makes out hes doing a service to everyone by chasing criminals, or idiots as he calls them. does he and others in the same profession go after people who have been fineded for ABH or Section 18 wounding or other acts of violence, NO cus their arses start twitching in case they meet up with some one who doesnt give a toss about who they are and is probably likely to tell them to **** off or to smak them one.

so they play safe and go after real criminals such as single mothers who didnt pay the fine for not having a telly licence people who put their rubbish out to early and a baked bean can fell out, so they get fined by the council and lets not forget forgetting to put your seat belt on before starting the engine or congestion charges or may be doing 31 in a 30 zone.

 

i suppose we can all sleep safer in our beds knoing these bottleless tossers go after REAL criminals. i think not.

 

 

Buda

Just curious .... is your opinion of bailiffs based on any fact. ie. have you ever met a bailiff ?

:!: :idea: :!:
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Guest Herbie

A few correction if nobody minds:

 

SET ME FREE

You are correct in that the number of bailiff vists each day is for Succesful visits.

 

PIZZA MAKER:

 

You mentioned that bailiffs working on Magistrate Court work can only add fees if seizure happens. That is not my understanding. Their fee scale provides for:

 

Admin/First Letter fee

Attendance Fee

Vehicle Immobilisation Fee

 

The bailiff CANNOT make a charge is he is to arrest the offender and take him either to court or into custody.

 

If you need any further info on this, please PM.

 

 

REPOMAN

 

I am pleased to hear that you are waiting for a hearing for a bailiff's

certificate. Do we assume that you will become a "helpful" adviser to the forum... I hope so. Concerning your own run in with a bailiff who was not certificated....This situation is so very common, with nearly half of ALL bailiffs working illegally, as confirmed by the Government today:

 

 

--------------------------------------------------------------------------------

 

You will see from my earlier posts that I have written a number of times that there are just 1,410 Certifcated Bailiff's. I was slightly out with this figure as confirmed by the following:

 

 

HARRIET HARMAN MP HAS ISSUED THE FOLLOWING STATEMENT TODAY:

 

 

The regulatory impact assessment for the Tribunals Courts and Enforcement Bill published on 30 January 2007 estimates that there are 1,200 uncertificated bailiffs.

 

As at 30 March 2007 the Register of Certificated Bailiffs maintained by HMCS currently lists 1,482 certificated bailiffs. There should be no bailiffs doing work requiring certification who do not hold a current certificate.

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Guest buda01

no im not a bailiff and i dont have any friends who are bailiffs.

 

why would you ask such a question? do i sound like one?

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