Urgent advice needed re marstons distress warrant

Re: Urgent advice needed re marstons distress warrant

Go here: http://www.legalbeagles.info/forums/...600#post284600

HC

Linking to statements you yourself have made is not proof, all it proves is that you believe it , we already know that. Perhaps if you could provide a link to some authoritive source that shares your beliefs.

I think this has been exhausted now.

D

Re: Urgent advice needed re marstons distress warrant

Go here: http://www.legalbeagles.info/forums/...600#post284600

Re: Urgent advice needed re marstons distress warrant

Under what regulation is that?


Prove to this forum, the magistrates court has ever said a defendant is liable for the fees of the enforcement contractor


Oh jeez! I cant believe I am seeing this stuff, you dig yourself deeper and deeper.

This is supposed to be a legal debate forum, and you come up with nonsense like that. .... and you say I should be on this forum?

Trying to ignore the insulting language.

This is a circular argument, the answers have already been given, the fact is that these charges are being made, if you can show a case where these fees have been successively challenged perhaps we can look at it.

D

[Celestine]

Re: Urgent advice needed re marstons distress warrant

I put it in big print for a reason, because by his own admission, is unable follow the terms of a contract, "too complex".

Im sure LB wants to be sure the OP is not unlawfully deprived of money by anyones inadequacies.

It's a shame you don't know how to make a point without being so insulting. LB is a community where we share and discuss ideas to develop common strands of opinion.
You could have something valuable to add, but you undermine your own posts by resorting to patronising, egotistical insults. If you knew Labman as a person and knew how committed he is to helping others, you wouldn't dream of speaking to him in the way you have.
I find the whole way you have conducted this debate very contrary to the principles of LB.

Re: Urgent advice needed re marstons distress warrant

because the magistrates court says it can

Under what regulation is that?


Prove to this forum, the magistrates court has ever said a defendant is liable for the fees of the enforcement contractor


Oh jeez! I cant believe I am seeing this stuff, you dig yourself deeper and deeper.

This is supposed to be a legal debate forum, and you come up with nonsense like that. .... and you say I should be on this forum?

Re: Urgent advice needed re marstons distress warrant

Hi
Post 28 is just another example of why you should not be on this forum, it shows no respect for the opinion of others, and I say this as someone who has been guilty of similar transgressions in the past, how you are still allowed to post on here frankly amazes me.

In answer to the question raise in the post , i would say because the magistrates court says it can, and more importantly because no court has ever said it cant, in fact as far as I can see the only one who says it cannot be is you.

D

Re: Urgent advice needed re marstons distress warrant

Pepsie, the above question is valid.

The OP has no liability for bailiffs fees on court fines, and Labmans link proved it.

I asked him why he feels that a printed fee schedule on bailiffs notepaper constitutes a fine or an order for payment.

I put it in big print for a reason, because by his own admission, is unable follow the terms of a contract, "too complex".

Im sure LB wants to be sure the OP is not unlawfully deprived of money by anyones inadequacies.

[pepsie]

Re: Urgent advice needed re marstons distress warrant

Its a simple question, or like contracts, the question is too complex?

and when did I insult you? sorry I didnt intend to insult you, my bad then, but , please pritty pritty please answer the Q. Im sure others would like to see it too.

Please refrain from using this thread unless you have advice for the OP should they require it.

As you are only to well aware davyb started a discussion thread and you can vent your spleen against Davyb. labman and myself on there if that is what you get off on?

pepsie

Re: Urgent advice needed re marstons distress warrant

Its a simple question, or like contracts, the question is too complex?

and when did I insult you? sorry I didnt intend to insult you, my bad then, but , please pritty pritty please answer the Q. Im sure others would like to see it too.

Re: Urgent advice needed re marstons distress warrant

Again I have better things to do than respond to this, so I'm not going to. However, it seems your modus operandi when challenged is to insult and attempt to belittle people. Congratulations on failing to do so!

Re: Urgent advice needed re marstons distress warrant

Taken from the Ministry of Justice site http://www.justice.gov.uk/courts/pro...esmenu/part_52

Execution of a warrant to take goods, etc.
52.8 1.1.—(1) A warrant may be executed by—
.

Mr. Labman, you never cease to amaze me.

How do you interpret this legislation applies to bailiffs fees on unpaid court fines?

If you took time to read the legislation you copied into your post - it says at the top of the page - and let me shout it from the rooftops - just to be sure you hear it the first time....




*fingers in ears, drum roll......takes a deep breath...*












Enforcement of fines and other orders for payment




Strewth!



*pulls plugs out of ears....*

So, did you hear that?

Now - go see that link you posted, and tell me what it says at the top of the page?

You see it now?





GREAT!!!



So, Mr Labman the question remains -

When does a schedule of bailiffs fees printed on a company's headed paper become an order for payment, or a fine?









Sorry, peeps, that was the only way to get it through to him.

[bluebottle]

Re: Urgent advice needed re marstons distress warrant

Hey whats in a word but i would go with, "after due consideration" myself.

The minutia surrounding the charging of bailiff fees has never really interested me, I prefer to study something that has a degree of logic attached.
However when i see accepted guidance issued by people who's opinions I do respect rubbished, then i require solid proof if I am going to alter my view.
Despite the rhetoric i have seen none.

D

Bailiff fee fraud has been a prickly subject for some time as I am sure you are aware, Davy. There is nothing to be lost from checking with MoJ, which I am going to do with an FOIA request, as to what legislation they are relying on to make fine debtors pay bailiff fees for administration and attendance without a Costs Order.

Re: Urgent advice needed re marstons distress warrant

In my considered judgement is a phrase I have used over the years to cover myself when expressing an opinion on a legal or quasi-legal matter. It was something a solicitor I knew, now, sadly, no longer with us due to cancer, advised me to use. It's a way of saying, "After taking everything into consideration, this is what it seems to me."

Hope that answers your query.

Hey whats in a word but i would go with, "after due consideration" myself.

The minutia surrounding the charging of bailiff fees has never really interested me, I prefer to study something that has a degree of logic attached.
However when i see accepted guidance issued by people who's opinions I do respect rubbished, then i require solid proof if I am going to alter my view.
Despite the rhetoric i have seen none.

D

[bluebottle]

Re: Urgent advice needed re marstons distress warrant

It is the issue of the contract law surrounding the contract between HM Courts and the bailiff companies that needs a definitive answer. Do the fees stated in the contract have legal standing, and if so where?

Until that is answered I would err on the side of caution and give HM Courts the benefit of the doubt.

I think what you say is very wise, Labman. I will restrict any FOIA request to what you have said. It will be interesting to see if they come straight out with something or duck and dive.

[bluebottle]

Re: Urgent advice needed re marstons distress warrant

Yes BB, only a little affectionate ribbing, however when someone refers to "considered opinion " they are usually referring to someone else, when it is referring to yourself it can in my view sound a little pompous, a bit like saying in my excellent opinion, not that your opinion isn't excellent of course.

D

In my considered judgement is a phrase I have used over the years to cover myself when expressing an opinion on a legal or quasi-legal matter. It was something a solicitor I knew, now, sadly, no longer with us due to cancer, advised me to use. It's a way of saying, "After taking everything into consideration, this is what it seems to me."

Hope that answers your query.