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Malookoo

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  1. On a more serious note, the thing I can't get my head round on virtually every occasion people have to jump through all sorts of hoops to get any redress, which even then is usually money. When someone goes the whole way using Form 4 risking costs against them, for what outcome? the bailiff has his/her cerificate withdrawn and company sacks him/her. Then next day replaces them and carries on. Most of the actions leading to this are criminal why can the Police not be forced to take action on these?
  2. Don't know about 2 posts and advocating shooting a human being i wonder about 100 posts and still considering bailiffs as human beings
  3. Yes I understand that but is there anything on the paperwork to indicate whether it is the High Court ?
  4. Hi I am sure some of the brilliantly helpfull people will be aloong soon to advise you. From reading your post and the amount involved it may well be an HCEO and not a bailiff that is visited you ( big difference ) perhaps it may be good idea to check and post as it will probably assist them with the advice they give.
  5. Indeed brass you are right about the lack of training regarding bailiffs, also the excellent coverage of the law by old bill. I am still do not know how this can be any sort of defence for them when even when criminal offences are pointed out to them they still refuse to take action? There is at least on thread on here where the Police looked into it enough to remove the bailliffs but apart from that no further action by the Police! Sorry IMO this is just plain wrong and indefensable.
  6. Oh that is so cynical brass, but sadly so very probably true If only Plod would do it right a few times i'm sure it would make yours and others on here who do such brilliant work so much easier.
  7. What legal twaddle as I understand the thread we are talking about a certified bailiff seizing a vehicle unlawfully. Surely part of the qualifications to get his certificate is knowing the law as it applies to doing the job, therefor he must have known he was acting unlawfully! Perhaps a more interesting discussion would be, had someone restrained said bailiff till dim wit Plod arrived what excuse they would find not to arrest the bailiff.
  8. WD I did not mean to infer in any way that Russe11 should not use HCEO's and certainly had no intention dissagreeing with your advice, which I have had the benefit of and am gratefull for. If I have caused any offence to you or others I appolase unreservedly.
  9. Though I can simpathise with anybody trying to collect a genuine debt and having been on both sides I think you should think long and hard about PT & TT suggestions. Using HCEO's sounds good untill you ealise acting unlawfully and ovecharging fees appears to be routine and endemic and I am before long the Police will have to get involved and when it goes back down the line who can be held responsible? the HCEO, his rep and?
  10. Hi old bill what an excellent idea both bailiff/HCEO petitions signed although it won't solve peoples immediate problems hopefully it will make a difference in the long run and takes very little time to do. Hope all on here sign.
  11. Deadwood is correct in that HCEO do not have to use certified bailiffs, but as for arms length that is incorrect they are their rep and their responsibility at all times, just as ultimately action on the writ is the responsibility of the creditor. In my case that bit is fairly irrelavent as 1) there are problems with the certification. 2) The attack dog told the Police he was acertified bailiff acting on a valid warrant, which was not true. And quite honestly what the Police want to do does not bother me it is high time they were kicked into doing what they are there for. Do I feel sorry that the poor little darlings can't sort it sat infront of a computer by telephone or CCTV and might actually have to move their backsides, actually NO. Apologies in advance to old bill and the few others who have or do.
  12. I totally agree old bill but getting the Police to do anything is the problem I myself having phoned the Police when I was unlawfully having money removed from me and subsquently visiting the Police station and speaking to 2 officers of Inspector level, point blank refused an appointment with the Chief Super. all this despite having a file full of information (some supplied by creditor) and they will not even look at it I have tried writing to the HCEO as advised by some excellent people on here and have had a reply today which basically says sod off and take it to the High Court for assesment but we will defend, instruct Counsel and ask for costs. To be honest I have no intention of risking going near the High Court. Why should I ? The Police I thought were a public body that should enforce the Law (not civil) but as I understand it Fraud,Deception are criminal? or maybe its me thats thick
  13. My first thoughts are that at the moment people on here such as Brass, TT, PT and others do brilliant work advising on Bailiffs and Council problems, but as things are going are going to get more and more to do with HCEO who are a different ball game. As far as HCEO are concerned I beleive that trying to do anything through the rules as they are would be extremely difficult and very expensive, but as oldbill as put there actions do come under the Fraud Act 2006 and if my reading is correct then the Offence is criminal and as such the Police should be instigating proceedings not the poor sods who have had hundeds if not thousands removed from them. If the Police took action 2 or 3 times I still think it would make them sit up and take notice. With regard to getting monies returned as most are under £5000 it would be much safer to go through the County Court. Going through their system doesn't work.
  14. Hi I am posting this with great trepidation as the others helping have great knowledge and are superbly helpfull but here goes. A limited company is an entity on its own so once desolved there is no entity to chase for Business Rates and as such the Council should not even have taken the £300 a month payments that were made. As for the bailiffs I beleive had the Police looked into it more they would find that there conduct was not just wrong but is actually in law a criminal offence and if they took action against the bailiff it would I am sure bring them there employers and the Council up short very quickley.
  15. Another thing on misleading can or should a bailiff acting for a HCEO say he is a HCEO ? As The Sherriffs Office only has one, and he doesn't go out and get his hands dirty. He certainly is not the person you will see in the programe who is a certificated bailiff who if his last appearance is anything to go by he will be stating he is a HCEO
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