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Almost on a daily basis I receive an enquiry on this subject from either a debtor, solicitor or a police officer. Hopefully this thread will assist. Under the new bailiff regulations an enforcement agent has a general right without a warrant to enter debtor’s premises to search for and take control of goods. The legislation is Paragraph 14.1 of schedule 12 of the Tribunal Courts and Enforcement Act 2007 In cases where a Controlled Goods Agreement has been previously signed, the bailiff may have re-entry rights into the premises under Paragraph 16. -
quick question can a bailiff force entry after peaceful entry and control of goods signed are failed to make payments under agreement -
http://www.bbc.co.uk/news/business-30641877 Does this have any impact on our members who are already struggling with payday loan sharks? -
Payday loan charges cap announced by FCA http://www.bbc.co.uk/news/business-30000472 -
Can health clubs force you to provide email address?
Louisam posted a topic in Gyms and Health Clubs
My parents are long standing members of bannatyne gym. To date they had used swipe cards to access the gym. Now they must use a pin. The gym requested that they provide an email address to send the pins to. My parents requested that the pins be sent via post or alternatively collected in person with ID. The gym refused their request and said it had to be an email address - if they didn't want to provide theirs then a family members would do. They have since spoken to another member who was permitted to collect theirs in person do it can be done!!. They went back again. Again they were refused. They've been told that unless they provide an email address to send the pin to then when the gym pin switch program completes even though they have several month membership left they will not be allowed in until an email address is provided to send the pins to. -
Details of the letter received from Hammersmith and Fulham council: "Empty property at address in Hammersmith and Fulham Having send a number of letters by post and by hand, over the last 6-months, I am writing one last letter in order to try to get a response. Should I fail to be contacted by anybody with an interest in the above property by 30 April 2014, my next course of action will be to serve a Notice of intended Entry (Local Government - Miscellaneous Provisions) Act 1976. In bold red writing. Should this Notice also be ignored, I would then need to employ a locksmith in order to force entry into the property." I'm not sure how common this is, but I received the above letter and it was addressed to, To Whom It May Concern from Hammersmith and Fulham council. If a letter is not addressed to me then I will always return it to the sender. I opened the letter by accident and it is important to note that the property is not empty as I have lived there for more than 2 years. I must have returned the previous letters which Hammersmith and Fulham council claim they sent. When I moved into the property I registered to vote and for council tax. I don’t understand what Hammersmith and Fulham council motives are. Especially as this is a private dwelling which is not empty. I do not want to waste my valuable time with any of the cretins in Hammersmith and Fulham council, therefore what legal action should I take to stop them from entering my property under the guise that it is empty? How do I deal with Hammersmith and Fulham council? How do I stop Hammersmith and Fulham council from ever setting foot on my property again? What does Hammersmith and Fulham council really want to do with my property? -
Not sure this is in the right area.... We have a situation arising within the family....The father in law separated from his wife nearly 20yrs ago but the continued to live in the same home up until 6weeks when the mother in law decided to move to her friends house, The mortgage has been paid by the father in law and the bills split in half,the mother in law gave up her job through ill health and has paid nothing towards the mortgage.... Now the question is because she wants to get her own place has no money has said because shes on the mortgage she wants to force the sale of the house from under the father in law.... basically I'm after any information to see where this can go. many thanks.
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Evening, I'm hoping that someone may be able to give me some advice please. Whilst I was at work today a Task Enforcement 'bailiff' came to my house & when my wife answered the door put his foot on the threshold & then, when my wife tried to push the door shut, pushed it - and her - back into the hallway and stepped into the house claiming that he had gained peaceful entry. My wife called me to say what was happening, I dialled 999, explained what was happening & asked for the Police to attend - which they did very quickly. When I arrived at home about 30 minutes after my wife's phone call, the Police were outside with the bailiff & another officer was with my wife to take down her side of the situation. The officers were reasonable, polite & sympathetic but stated that as the 'bailiff' had entered the house they were powerless to prevent him coming back in & seizing goods. I have no complaints towards the officers nor do I dispute that there MAY be a PCN due to TfL (the notice was served on me as a Director of a Limited Company and the signatory to the lease agreement for the vehicle that incurred the PCN & I'm disputing my obligation to pay now that the Company has been wound up) but my issue is more with a) the conduct of the bailiff & the way he gained entry to the house and b) the fact that he had NO documentation or identification that proved that he was a bailiff and not an unlicensed heavy - when I challenged him on this (in front of the Police officer) he claimed that he'd "had it ten minutes ago" and that he "must have dropped it entering or leaving the property" - I don't believe him & neither did the Police officer so my question is: How do I check whether this individual is a certified bailiff? Is what he did acceptable practice? What redress do I have & how can I prevent him returning to the property when my wife & I are out to seize goods? Any and all advice would be gratefully received as my wife doesn't want to leave the house & is terrified that this man will return when she and the kids are in bed. Thanks -
Today, I started a new thread entitled: HMCS Forced Entry Protocol for use by bailiffs enforcing Magistrates Court FINES Given the importance of this subject the moderators have put the thread as a STICKY (link below) http://www.consumeractiongroup.co.uk/forum/showthread.php?407528-HMCS-Forced-Entry-Protocol-for-use-by-bailiffs-enforcing-Magistrates-Court-FINES(22-Viewing)-nbsp If anyone has any questions or comments can they make them on the forum and not on the Sticky. I will do my best to answer any queries that you may have. Tomtubby PS: I would like stress that the "exceptional" right to force entry is ONLY applicable to bailiffs enforcing a Magistrate Court FINE ( which are referred to a criminal offences). -
http://www.bbc.co.uk/news/business-23791252
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British Gas broke into businesswoman's home over an unpaid bill despite not having any gas appliances in her flat Read more: http://www.dailymail.co.uk/news/article-2431864/British-Gas-broke-businesswomans-home-unpaid-despite-having-gas-appliances-flat.html#ixzz2gMoyfcLV I would hope they provided this poor woman with more than just an apology !! This is not a one off situation, there are many similar stories on CAG
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Advice needed please, My disabled aunt is a tenant and has a genuine dispute with gas and electric supplier over previous tenants bill being added to hers (she's only been there 6 months). Despite this and without any warning a bailiff turned up with a warrant to force entry and fit prepayment meters while my aunt was out. This they did but during the process not only has the house been searched, and internal door (unlocked) damaged, things moved, drawers opened and letters removed from envelopes, her dog was 'subdued' by a dog handler? and is now seriously ill at the vets possible overdose of what ever was administered. No warrant was left and the key does not work properly. Her neighbour who was present asked to see the warrant and the bailiff refused to let her see it because she was on the phone to my aunt and claimed he had not forced entry but had used a key. I would like to know exactly what a warrant allows 1 is it a case that they can enter and fit meters and no more ie exactly what is written in the warrant. or 2 does it mean that they can force entry, fit meters and have a good look round remove items search drawers while a small dog is restrained and doped to the point that it is unconcious. Do bailiffs now carry 'master keys' with them to gain entry and do they have top leave a copy of the warrant. Any advice would be appreciated -
How can I find the e mail address of Gary Simpson, Managing Director of Parcel Force. This company keep parking on my drive to deliver parcels to neighbours and blocking my access. I am constantly told this won't happen again but it does. Many thanks
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taken from this link: https://www.gov.uk/government/news/surveillance-camera-code-of-conduct-comes-into-force New guidance in place over police and local authority use of CCTV and Automatic Number Plate Recognition. Public authority use of surveillance cameras will be subject to a new code of practice published by the Home Office today. The code will set out new guidelines for CCTV and Automatic Number Plate Recognition (ANPR), encourage transparency in their use and ensure public bodies such as local authorities and the police consider whether they are proportionate before erecting new cameras. It follows Andrew Rennison’s appointment as the first Surveillance Camera Commissioner last year. The commissioner’s role is to encourage all operators to comply with the code, review how the code is used in practice and provide advice and information about it. Surveillance by consent The principle of surveillance by consent is at the heart of the new legislation – meaning the public can be confident cameras are not there to spy on them but to protect them. Minister for Criminal Information Lord Taylor of Holbeach said: "CCTV and ANPR are crucial tools for cutting crime and protecting the public, but for too long we have seen these systems grow without proper oversight". "Through this code - and with an independent commissioner - there will be a framework in place for the first time that helps police and local authorities in the fight against crime and anti-social behaviour, while reassuring the public that cameras in public places are used proportionately and effectively". The surveillance camera code of practice, which has been laid before Parliament for approval, is part of the Protection of Freedoms Act 2012. Here is the New Surveillance Camera Code of Practice its in PDF: -
I have 1st Credit chasing me £1420 which is the remains of my Halifax OD after I jumped ship nearly 4 years ago when they imposed their new overdraft charges regime. Given my current financial situation, I doubt I could pay it off except at a pitiful amount per week. What I'd like to do is force their hand and make them take me to court because I'm 99% certain that a judge will either order a tiny payment of a few quid a month or even write the debt off altogether, especially given the grief I've gone through over this so far. I was planning on making them a full and final offer of about 10% of the outstanding balance paid off by standing order at a few quid a month with the condition that no further correspondence will be entered into if they do not agree. And under no circumstances bother showing up at my door. Is this worth trying, and will it work? Regards Bigyeti
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http://www.consumeractiongroup.co.uk/forum/showthread.php?398052-Bailiff-Warrant-to-force-entry-amp-fit-prepayent-meters-searched-house-and-injured-animal&p=4302934#post4302934 -
We've had a new young flatmate for the last two months. She spends the whole day sitting in the common room (tv room + kitchen) dry-coughing and spreading potential germs around, not to mention the annoyance of somebody coughing in your face. She doesn't appear to work or study and is not getting any better. She's from the old Europe block and is not registered to a GP and no medical insurance. In other words she can't be bothered with seeking assistance and clearly not in a condition to take care of herself. As she is not registered and she doesn't want to, we have volunteered to escort her to one of these GP-led walk-in centres where she can be visited by a proper doctor. She is not refusing in principle but she's been making all sort of excuses. We've spoken to the landlord but he has only come out with empty promises and no action. He doesn't live with us so he can't be bothered. I am not sure if calling the NHS Direct would make any sense. My personal experience with NHS Direct has often revealed to be a waste of time. I wonder if we have any legal route that we can follow. Thank you for your time.
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Hi, i have a question regarding the baliffs right to enter. I have a 23 year old wayward son, who has accumilated £1400.00 of unpaid fines. It would appear that he has given our home address as his home address. He has never lived at this address, nor did he live at our last address. we recieved letters from marstons to start with, i replied, they replied and asked me to send them my council tax bill to prove he didnt live here. i said NO, my council tax bill is none of your business. A few weeks later a knock on the door, 2 guys from marstons turn up wanting to come in a see my son, he doesnt live here i replied, we need to come in and confirm that they said. I replied FO and they did, never to be heard of again ( so far ) that was about 2 months ago. i have now received paperwork from a company called Collectica, telling me that they will be forcing entry to my property under the DVCV act. Do they have the right to enter if the debtor does not live at the address and who's job is it to prove he doesnt live there. -
Hi just wondering if anyone can help me with a bit of advice, the company i work for is planning to shut down but they have another place which is a 45 min drive from my house , i currently only take about 10-15 mins to get to work so this is just to far to travel to work. i have been working for the company for almost 9 years and would prefer to take redundancy but this has not been offered yet and rumours are that they might not have to give us redundancy if they offer us a job somewhere else even if it is so far away from my current location of work. i have spoken to c.a.b. and they asked if i have a mobility clause in my contract, i've checked my contract and it doesnt mention the words mobility clause but does say "we may ask you to work at other areas of the company depending on business demand" What i kind of really want to know is can i force my company to give me redundancy if i dont want to travel to work this far, there are other issues as well such as if i finish work at 2pm i need to pick my 3 children up from school at 3pm so it doesnt give me much margin for error if traffic is bad and i get held up(the journey takes 45mins) I have joined unite the union but am waiting for my registration to come through. It is also rumoured they will give us some sort of petrol allowance but this will only last so long, surely my company cant force me to go and work so far from were i currently work. Thanks for any help given. -
I recently ordered some goods online, selected the correct address etc & paid for the goods including p&p charges. The money was debited from my a/c & I received confirmation of my order. Thank You... Your order ''TC - 00001732'' has been successfully received. You can view this order, and track any other orders, by logging into our online shop with your registration details (email address and password) and accessing the ''My Orders'' section under ''My Account''. Any update on the order’s progress will be sent to you via email including when the item is dispatched. Thank you and do shop again with us some time soon. Regards............... Then I got this email Many thanks for your website order. Due to the weight of the items we will need to send your order in two parcels which would mean an extra £9.95 postal charge We could not agree resolution, my stance is that they accepted my order & took payment therefore owe me the goods, their stance is that unless I agreed to pay the extra charge, the would cancel my order & refund my money which has now happened. Can I pursue compensation for breach or contract? This might seem petty but because of the messing around, items I ordered for xmas will now not be delivered in time.
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Been burgled by six masked robbers who came armed with taser guns and CS gas and now claim has been rejected due to no force of entry. They tried to kick down upvc kitchen door but they did not acheive this so they came in throught the patio door which we never use and they picked the lock as there is no sign of force of entry. These guys were proffessionals and now the insurance company have rejected the claim after reading police report that there was no sign of force entry. Is there a body i can write to to who can help me with this claim as its just so unfair. -
Ingeus seem to think that my fortnightly signing on at the Jobcentre is separate. My contract is with the Jobcentre and not Ingeus. They (Ingeus) expect 3 jobs applied and declared to the Jobcentre and then as many jobs as they say I must apply for and declare applications to them on paper unless I want to be reported to the Jobcentre for possible sanctions. Are they allowed to force me to make many, many applications far in excess of what my Jobseeker Agreement stipulates? I always exceed the mininum requirements for activity that the Jobcentre expect of me. Has anyone made a request for info on this to DWP Central FoI Team regarding this? -
They should start by NDR free periods. http://www.bbc.co.uk/news/business-20104059 -
I am a part time retail assistant for a company that shall remain nameless as I can't bring myself to utter its name without a few expletives following shortly after. I'm contracted to work 22.5 hours a week but has somehow escalated to 38.5 hours a week this coming week. I am busy this week studying for upcoming aptitude tests in a vain attempt to escape the place so really don't have the time to waste. It says in my contract that I will be required to work additional hours as agreed with my manager on a week to week basis including over time for stocktakes and other operational requirements. Seeing as how my manager did not negotiate these extra hours with me or can justify the extra hours as falling under stocktakes or other operational requirements I think I have solid grounds to politely decline. Would I be right or am I being naive to think it's that simple. -
hi, dont know if this is the right place to post this but maybe someone can advise. I recently saw some thomas cook vouchers advertised on a website for sale. I am trying to save money on my holiday as we all are, so I made an offer to the seller which they accepted. She said she wanted payment through paypal as this was safer all round for both of us. So I duly sent the money, including extra to pay for special delivery signed for. She said the money was received and entered a tracking number to show they had been sent. On trying to track the item i realised it was not a valid tracking code. i contacted her asking her to send me the correct royal mail tracking code which is 13 digits. she said she would contact royal mail. initially she said royal mail could not trace it. I was insistent she send me the tracking number but she still did not, kept fobbing me off. I contacted paypal who have put a dispute on her acct. she now says the vouchers have been sent back to her address by royal mail. she still hasnt given me the tracking number so i can validate this. ive said why dont you just send the vouchers now, once i receive them i can call paypal and tell them the matter has been resolved. but no she wants to issue me a refund, then send the vouchers as she "trusts me" then when i receive them i can pay her again. its all a bit dodgy. my question is, paypal have told me if she does not provide a reciept, they will issue me a refund. but what if she has spent the money already, and there are no funds in her bank account? can they still take the money back off her, even if there are no funds in her account? I also wonder if I should contact the police, as her refusal to send me a tracking number is worrying, its an easy enough thing to do and i have asked several times!!
