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Rossendales-do i need to speak with the bailiff?

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  • #16
    Re: Rossendales-do i need to speak with the bailiff?

    Thanks for posting up the relevant link, PT. I agree that the bailiff is skating on thin ice, legally. Then, given which firms now owns Rossendales, is it really surprising?
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #17
      Re: Rossendales-do i need to speak with the bailiff?

      Will auto payments go to the debt or this year CT that I'm currently paying happily now this years is up to date

      Comment


      • #18
        Re: Rossendales-do i need to speak with the bailiff?

        Originally posted by bluebottle View Post
        Thanks for posting up the relevant link, PT. I agree that the bailiff is skating on thin ice, legally. Then, given which firms now owns Rossendales, is it really surprising?
        The firm that have a track record for their bailiffs bullying third parties into paying court fines and assaulting debtors and innocents alike perchance? There is every reason not to trust them, nor is there as has been mentioned any legal compulsion to deal with them. When the breakdown of fees arrives, if there is a levy what is it on. do you own a car? Rossendales have form for levying third party motors, in fact they got a kicking along with Blaby council for just that from the Ombudsman

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        • #19
          Re: Rossendales-do i need to speak with the bailiff?

          Originally posted by Madmartigan View Post
          Will auto payments go to the debt or this year CT that I'm currently paying happily now this years is up to date
          Check your reference numbers, you might be looking at 3 sets of differnt numbers as each Council operates a different system, there may be:
          Property Ref No - usually signifies your address and doesn't change
          Account Ref No - usually allocated to each person/couple and doesn't change
          Ref No - usually different from year to year
          The above is the system my Council uses but I was made aware of one Council who only use a reference no and the last digit signifies the year. The Council may tell you that any payments you make can only be credited to the current year, this is a load of tosh as they must allocate to what you - the customer - says, any hassles come back and we'll take them to task using an oldish law that they must comply with.

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          • #20
            Re: Rossendales-do i need to speak with the bailiff?

            I don't own a car but I work for a newspaper company as a ditribution driver and there van is parked outside mine. Would they dare touch that its got logos saying companies name all over it ?

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            • #21
              Re: Rossendales-do i need to speak with the bailiff?

              Originally posted by Madmartigan View Post
              I don't own a car but I work for a newspaper company as a ditribution driver and there van is parked outside mine. Would they dare touch that its got logos saying companies name all over it ?
              Yes if it is parked outside they will try to levy it, but any levy and all the fees would be unlawful and would have to be removed, if the bailiff has seen it outside, he will likely have levied it already. This levy can be grounds for a Formal Complaint and you stating in the complaint that you cannot trust the bailiff so will not deal with them, an will be paying the council direct

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              • #22
                Re: Rossendales-do i need to speak with the bailiff?

                If he does clamp a work owned van can I ring police for removal instantly?

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                • #23
                  Re: Rossendales-do i need to speak with the bailiff?

                  Originally posted by Madmartigan View Post
                  If he does clamp a work owned van can I ring police for removal instantly?
                  He will most likely list it on a levy, if he is daft enough to clamp it it is unlawful interfearence with goods as soon as he is told it is a company vehicle, a DVLA check would confirm this so yes you could call the police, but the hapless copper may be charmed by the bailiff into helping hii and become a criminal himself

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                  • #24
                    Re: Rossendales-do i need to speak with the bailiff?

                    Originally posted by Madmartigan View Post
                    i was then threatened with jail. ... if its not paid in full i shall be going to jail ... he then walked off saying in full or your being commited to prison... Later that day i rang him up again offering to pay in installments. He then threatened to be around in 1 hour with police.
                    It is a truth universally established that a bailiff seeking payment of a debt or his inflated fees will tell all manner of lies to panic his/her victim.

                    This ba:censored:rd seems to be more than usually mendacious and I suggest you use that against him

                    If you can record the call or get a friend to video the oaf when he next tries to intimidate you, you might as well pretend that you are frightened that he is about to arrest you or take you off to gaol for wishing to pay in instalments.

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                    • #25
                      Re: Rossendales-do i need to speak with the bailiff?

                      Originally posted by Inca View Post
                      please don't rip into your partner,
                      I entirely agree.

                      She'll be much more compliant if she doesn't know when she's to be spanked. msl:

                      Comment


                      • #26
                        Re: Rossendales-do i need to speak with the bailiff?

                        Originally posted by Madmartigan View Post
                        I don't own a car but I work for a newspaper company as a ditribution driver and there van is parked outside mine. Would they dare touch that its got logos saying companies name all over it ?
                        Yes.

                        If you'd been inducted into the Army and you'd brought a tank home, the mutton-head would probably levy distress on that, too.

                        Comment


                        • #27
                          Re: Rossendales-do i need to speak with the bailiff?

                          Originally posted by CleverClogs View Post
                          Yes.

                          If you'd been inducted into the Army and you'd brought a tank home, the mutton-head would probably levy distress on that, too.
                          But unfortunately for the penypidyn, the levy and ALL associated fees would be unlawful and therefore invalid, so the only loser would be the bailiff.

                          Comment


                          • #28
                            Re: Rossendales-do i need to speak with the bailiff?

                            Originally posted by Madmartigan View Post
                            I don't own a car but I work for a newspaper company as a ditribution driver and there van is parked outside mine. Would they dare touch that its got logos saying companies name all over it ?
                            Certificated bailiffs are not permitted to levy on or seize any vehicle that is used in connection with a debtor's employment, business or vocation or which is the property of a third party. This also applies to bailiffs collecting unpaid court fines on behalf of HMCTS and is clearly stated on the genuine Distress Warrant issued by the magistrates court (Condition 2). Some bailiff companies make up their own versions of distress warrants from which they omit conditions such as this in order to hoodwink debtors and police officers into thinking they can do what they like. I am in the process of preparing to run this past HMCTS to establish the legality of these DIY Distress Warrants. If it comes back that the DIY Distress Warrants have no weight or force in law, those bailiff companies that use them may well find themselves facing serious litigation, having to recover illegally/unlawfully seized goods and vehicles and possible forfeiture of their contracts. Forfeiture of a contract with a government agency or department could have a devastating effect on a bailiff company. It could also have a devastating effect on the civil enforcement industry, as a whole, who would, in all probability, be placed under the microscope of public scrutiny and that could lead to the closure of an industry that is riddled with corruption, fraud and violence.
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment


                            • #29
                              Re: Rossendales-do i need to speak with the bailiff?

                              Originally posted by bluebottle View Post
                              Certificated bailiffs are not permitted to levy on or seize any vehicle that is used in connection with a debtor's employment, business or vocation or which is the property of a third party. This also applies to bailiffs collecting unpaid court fines on behalf of HMCTS and is clearly stated on the genuine Distress Warrant issued by the magistrates court (Condition 2). Some bailiff companies make up their own versions of distress warrants from which they omit conditions such as this in order to hoodwink debtors and police officers into thinking they can do what they like. I am in the process of preparing to run this past HMCTS to establish the legality of these DIY Distress Warrants. If it comes back that the DIY Distress Warrants have no weight or force in law, those bailiff companies that use them may well find themselves facing serious litigation, having to recover illegally/unlawfully seized goods and vehicles and possible forfeiture of their contracts. Forfeiture of a contract with a government agency or department could have a devastating effect on a bailiff company. It could also have a devastating effect on the civil enforcement industry, as a whole, who would, in all probability, be placed under the microscope of public scrutiny and that could lead to the closure of an industry that is riddled with corruption, fraud and violence.
                              Absolutely so, but they still try it on, hope your enquiry nails the lid down on this obnoxious out of control "Industry of Misery"

                              Comment


                              • #30
                                Re: Rossendales-do i need to speak with the bailiff?

                                Originally posted by bizzybob View Post
                                Absolutely so, but they still try it on, hope your enquiry nails the lid down on this obnoxious out of control "Industry of Misery"
                                It will be interesting to see how Chris Grayling talks his way out of it if the DIY Distress Warrants turn out to be worthless pieces of paper. Somehow, I doubt he will be able to do so, given that he would dig a bloody big hole for himself and the ConDem government if he tried to dismiss it as something trivial or of no consequence. I don't give up easily - I didn't when I was a copper - and I can see a number of bailiff company senior executives reaching for the Imodium and Valium when it gets out their companies have mislead debtors and police officers.
                                Life is a journey on which we all travel, sometimes together, but never alone.

                                Comment

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