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    • A Labour MP says GB Energy should buy British to avoid the risk of forced labour in supply chains.View the full article
    • The world's race to decarbonise has led to the rise of electric cars - and with it, soaring demand for lithium, which is required for the batteriesView the full article
    • New thread started as you & LFI suggested.  It's best to have one ticket per thread, if not people get confused about which ticket they're giving advice for. Firstly, you have every right to be absolutely fuming at MFG.  You go twice and spend money - and what do you get?  A demand for £100!  Do the people who caused this mess resolve it?  No, they lie and mess you about.  No wonder you're so angry. However ... we're worried you’re leaving yourself open to accusations of theft (even though you made it clear the goods would be returned) and criminal damage.  If you take the initiative and approach the garage politely, (a) that covers yourself at least a bit regarding any possible criminal accusations, and (b) if the manager has a brain you two can easily sort everything out. I say if the manager has a brain.  They might try and play the hard case and stupidly put the blame on you.  Who knows. Anyway, how about sending this 1st class post on Monday?   Dear Manager, I am the person who temporarily took some non-perishable goods from the BP shop on Wednesday and left a letter. I have since calmed down and am writing this letter in a friendly, amicable way between adults without abuse or at all costs apportioning blame. What happened is that some time back I visited your premises at 3.15am to buy fuel.  I then revisited at 8.30pm the same day to use the shop. Afterwards I received an invoice from Euro Car Parks for £100 (discounted to £60 if paid within 14 days). What happened is that the ANPR cameras joined the two visits together and ECP issued the invoice for me staying an absurd 17 hours.  I mean you provide a good service but who would stay 17 hours! If you Google "double dipping" you will see that this is a continual problem in the private parking industry and the industry’s own Code of Practice highlights how steps should be taken to avoid issuing invoices in these cases. When I brought this to MFG's customer services' attention you refused to have the invoice cancelled.  I also visited you and again you were unhelpful. Please "take a step backwards" and put yourself in my position.  Say you visited a supermarket on a Saturday evening.  You also visited on a Sunday evening. Later you got a demand for £100 from a private parking company.  You politely asked the supermarket to intervene but they refused.  I think you would consider the matter unfair and you would be extremely angry with the appalling customer service. Anyone who has even a rough knowledge of the law knows that ECP are your agents, you called them in.  You are the organ grinder.  They are the monkey.  You can easily tell them to cancel this invoice. So i am writing to request an appointment with you in order firstly to return the goods which are yours and of course which I should never have taken.  I would like us to be able to speak in a friendly, adult manner. However, secondly I am not prepared to take all the blame for this matter.  I also request confirmation from you that you have had this unfair invoice cancelled. Yours,
    • A new generation of wealth creators has fuelled demand for private members-only clubs in Asia's third largest economy.View the full article
    • well post it to youtube or facebook. so we can look at it.  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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I don't think it's in force yet. Then if it does come into force then the court process would still need to be seen through before a baliff could act. I think? I might be completely wrong though

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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I can honestly say that im not worried....any bailiff lays a finger on me & it will be the last thing they ever do :mad:

There would be prosecutions gallore & claims for compensation etc...it will just be a nightmare all round.

Its just another gimmick by a government desperate to sound tough...when infact its weak to the core & a year away from being kicked out of power.

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Does this mean my account with HSBC credit card, which I dispute due to them not having a CCA, can now break into my house?

NO - because this is being dealt with by a DCA, or even the bank, they are not bailiffs.

 

A bailiff is appointed by a court to carry out the duties of a court order. There is no way that ordinary people who are being threatened by DCA's would every be faced with a real bailiff calling round, as there have been so few debt related cases actually taken to the courts. Even less since people started standing up for themselves and asking for things like a copy of their true CCA... :D

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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I agree with Hillards. I don't know a lot about DCA's but what I do know is they like to sneakily misrepresent themselves as bailiffs. And solicitors. And courts. Shall I go on?!

 

They take advantage of consumers lack of knowlegde and some consumers do think (As I used to before I discovered different on here) that by a DCA threatening to send a representative or "collection agent" round that they are being visited by Bailiffs and they have the power of Bailiffs, when in actual fact, they don't!

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this is a bit of an old story. It comes from part of the courts and tribunals act and the govt stated that it couldn't happen until there was a new regulator for bailiffs. This is perhaps going to be the incredibly competent SIA.

 

Recent reports from the govt indicate that they are not going to do the SI required to implement the legislation due to the current credit crunch crisis. Woo. alliteration. :)

 

Now the question is... is that the end of the story? I doubt it...

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...and they have the power of Bailiffs, when in actual fact, they don't!

 

Should all DCA 'visitors' be issued with bright yellow over-jackets with the large lettered wording 'NOT A BAILIFF' on them?

 

The last time I got a home visit was some years ago and I wasn't sure if the guy was a cat burglar or delivering a box of chocolates , he was dressed in casual black attire with 'sneakers' .

 

Dodgy ID let him down, I told him my kids could do better on the computer - he didn't come back.

 

Then again, real bailiffs often come armed with paperwork that can only be described as badly copied - I'm sure anyone who has ever had a real bailiff call can verify that point. The clue it to check the court seal is genuine, they used to be a blue rubber stamp, but I've noted a trend towards a computer generated 'seal', which is more copyable!

 

The difference is that you would usually KNOW you were expecting a bailiff visit as you have a CCJ and have defaulted, or similar... They don't just pop round to have a chat about your credit card account.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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I would also point out that a bailiff can only act as a bailiff when they are enforcing a court order. If they are not enforcing a court order they are simply acting as a debt collector not as a bailiff and have no legal powers. If a bailiff does not make it clear that they are acting simply as a debt collector rather than a bailiff then they commit an offence.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I would also point out that a bailiff can only act as a bailiff when they are enforcing a court order. If they are not enforcing a court order they are simply acting as a debt collector not as a bailiff and have no legal powers. If a bailiff does not make it clear that they are acting simply as a debt collector rather than a bailiff then they commit an offence.

 

How does that one work? I take it you refer to a Certificated Bailiff, who comes to collect an outstanding debt. However, as this is by order of the court, does he have legal powers or not?

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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If it's by order of the court then yes a bailiff does have certain powers such as power of peaceful entry, power to levy. If it is not by order of the court they need to very clear that they are not acting as a bailiff but simply a debt collector in which case they have no legal powers.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well I never have met a Bailiff yet but who knows with Capquest on my case. Anyhow I would not suggest for them to break in even if they have the power to. My Rottweiler Zeus and my SBT Thor might not so happy about a stranger in the house.

I for myself find the US laws to self defence very good to have the right to use deadly force to defend your home and life.

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If a bailiff tried to force his way into my home or use any sort of force against me, I would risk jail to stop him by almost any means!

If it ever came about that they could, I think it would be very selective i.e. only used against those who could not defend themselves, which in effect would be legalising bullying!

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yes, but it would be like the bully children in the playground taking dinner money!

I think it would lead to lots of otherwise innocent people being dragged through court and possibly prison sentences just for defending themselves, because as we all know the police favour the bailiff anyway.

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...as we all know the police favour the bailiff anyway.

Not always - Many years ago I had a visit from a bailiff acting for the local council, over rent arrears. He refused to show any ID and the paperwork he had was so badly copied there were parts which could not be read.

I made him wait outside, saying I was going to check the reference number, locked the door and called the Police. I told them I had a postential fraduster on my doorstep, asking for money but with no ID.

They came, he told them he'd left his ID card at the office, they told him to leave... :D

These days I am inclined to check ID and tell them I think it's false. Can they prove otherwise? I have a 'no doorstep calling' sign in my door, telling callers that I will contact Consumer Direct, Trading Standards and/or the Police.

I would choose not to believe whatever they may tell me, in the same way as I do not believe what a DCA tells me!

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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The certified Bailiff can, after forcing entry. 'invite' 4 other unregistered, unchecked (via CRB) persons into your home to 'assist' in the enforcement.................. & they can even take the family pet................... ain't new labour wonderful

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The certified Bailiff can, after forcing entry. 'invite' 4 other unregistered, unchecked (via CRB) persons into your home to 'assist' in the enforcement.................. & they can even take the family pet................... ain't new labour wonderful

 

But this is still only AFTER a CCJ has been obtained and the debtor seriously defaults and the court orders the bailiffs to seize goods...

 

Most of the cases dealt with on CAG never reach court stage, so it's not going to be a problem really... ;)

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Edit double post

 

Hillards they all say that until it happens & frankly I think your deluding yourself if you think it won't happen much.

 

Apart from the fact that even happening once is too often as soon as this tool is in the creditors armory they like the police have proven will not hesitate to use it at every opportunity & if you think they will abide by any form of procedure then I fear you will be sadly disillusioned. They already lie through their back teeth claiming powers they don't have & the courts just rubber stamp their claims. Please don't expect the courts to act as scrutineers of this system cos it ain't going to happen

Edited by JonCris
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Thinking about that Bailiffs will get same powers as the Police that is scary!

Police can break and enter in dangerous situations or with permission from the district attorney. Usually those sort of raids are only granted in terrorism, high profile drug cases and organised crime cases. Means to break in or raid there has to be a big case otherwise Police will call at the door with a search order! So basically they put debtors sometimes even in disputed cases over a couple of hundred pounds on the same level as high profile criminals or terrorists! Disgusting just disgusting how this country is going down! In other countries constitutions will prohibit those sort of measures and here? I just feel sick, first they took away our guns, than our knives and now our civil rights.

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Most of the cases dealt with on CAG never reach court stage, so it's not going to be a problem really...

This is not necessarily the case in the Bailiffs Forum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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district attorney??????

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thinking about that Bailiffs will get same powers as the Police that is scary!

Police can break and enter in dangerous situations or with permission from the district attorney. Usually those sort of raids are only granted in terrorism, high profile drug cases and organised crime cases. Means to break in or raid there has to be a big case otherwise Police will call at the door with a search order! So basically they put debtors sometimes even in disputed cases over a couple of hundred pounds on the same level as high profile criminals or terrorists! Disgusting just disgusting how this country is going down! In other countries constitutions will prohibit those sort of measures and here? I just feel sick, first they took away our guns, than our knives and now our civil rights.

 

If you owe the money lenders then you are on par with drug dealers as far as they this government & it's lackeys are concerned

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