tribunals, courts and enforcement bill

[andrew1]

What's to stop anyone asking for 2 wheelies if they have a bigger family?

 

As for the bugs - If I find one it's coming off and being sent back to it's owner. And what about the Data Protection Act kicking in here. I didn't give permission for any of my personal 'waste' data being processed by the council.

[dragonlord002]

The get around that by saing once you put in the dusbing its no longer your and becomes theres

 

once they stat in my town. I will just send em a recorded delivery letter requestion they remove there binns from my propert. and no long have my permistion to hanndel any rubbish from my propert.

 

and will just fly tip on coincil land makeing shaw to remove any personal details from my rubbish.

 

screw em

[andrew1]

To be honest - that sounds a bit stupid. I understand your feelings but flytipping is the scourge of society ( apart from debt collection agencies and bailiffs) and I can't condone that. Anyway, who'll want to be responsible for dumping their own bags somewhere else?

 

In Ireland the council make a seperate charge for collection of wheelie bins - those who cant/ won't pay dump their rubbish on others - not a way forward!

 

Anyway if it becomes their rubbish they can't fine you can they?

[Number6]

What's to stop anyone asking for 2 wheelies if they have a bigger family?

 

 

The Council! We are only allowed one bin which will be emptied only every two weeks. Up till now we used sacks and had a weekly collection.

 

The only concession is that a family of six or more at the same address is entitled to a 240 Litre bin instead of the standard 190 litre bin - big deal!! A 240L bin will hold about 5 full bin bags which is what we normally get through in a week.

 

I've checked our new bins and guess what - microchips. I haven't taken them out yet but I will do soon.

 

Pete

[dragonlord002]

andrew I wont fly tip it anywhere I was thinking more like the council yard m8.

if ever one done the same when they start fineing pepole.

 

they would soon have to change there mind or be up to there necks in rubbis down the council.

last time they left my rubbis roting for 3 weeks and dident pick it up.

 

number 6 dont you just love how they sneek around and fit that chip without telling you.

[Number6]

 

number 6 dont you just love how they sneek around and fit that chip without telling you.

 

Too bloody right. It must have been fitted after the bin was delivered because I saw it being delivered, they were all just hauled off a truck with no regard for the address they were delivered to. So, someone must have trespassed on my land to retro-fit the chip!

 

Pete

[dragonlord002]

That what thet were doing. some old boy court one red handed at in his garden

was in news.

[veryannoyed]

I have on many occasions had rows with councils over rubbish collection. Of course, it is never their fault as they contract it out blah blah blah... except it IS their responsibility as they give me no choice but to pay their exhorbitant fees for a very poor service.*

Generally the conversation (with the head of Environmental services - don't bother with any minions at councils) goes like this:

 

ME: Why has by rubbish not been collected again?

COUNCIL: Er, I don't know I'll have to get someone to investigate and call you back

ME: Don't bother, I'll be round by 2pm this afternoon and deposit it on your desk

COUNCIL: That's illegal sir, we'll call the police

ME: Demanding payment in advance for a service you fail to provide is fraud

COUNCIL: We'll call the wagon and get them to collect it right away sir

Me: Thank you

 

 

Hasn't failed once...

 

Oh, my current head of Environmental Servies at the council was told in no uncertain terms that I would be invoicing them for £5 for each and every time they failed to empty my bin, and that I would sue them for the money and costs if necessary... since that day not one collection has been missed (before this I had to call them 9 times in 13 weeks for missed collections!!)

 

 

*I have heard that you can 'opt out' of the rubbish collection and get a small reduction in council tax, not sure how true that is, as I have also been told by court officials that there is no point whatsoever attending court with "the councils service is crap, therefore I am witholding X from my council tax payment" in defence for not paying some council tax as it is quote "no defence" ... I've yet to investigate what makes councils totally exempt from providing any accountable value for money for their services?

[Peterbard]

This one will make a real difference to the people of this forum.

 

Payment by Instalments

 

262. We propose that the law should be changed to provide all licensed enforcement agents with the capability to offer the debtor the option of repayment by instalments, or to accept an offer by the debtor to pay by instalments, if such an action is agreed by the creditor. The enforcement agent will not be obliged or compelled to make or accept such an offer unless at the behest of the creditor. In such circumstances, the amount to be repaid will be the debt, the fees incurred up to the point at which the offer is made, and the fee attaching to payment by instalments. In this context, enforcement agents will not be acting as proxy debt collectors, but offering or accepting from the debtor a repayment plan which takes account of their financial situation as well as the needs of the creditor.

As I understand it bailiffs already have the power to make deals on repayments of debts the only difference as far as I can see is that currently the repayments are secured by a lien or walking possession order placed on your belongings.

if I read you right the bailiff will be able to decide whether not to make a deal,based on an examintion of your finantial possiton,so you will be expected to discuss and and reveal your liquidity with the bailif on the doorstep ? Isn't that giving the a little to much power?

Then if he does not accept what you offer, which he won’t he can get an order to force entry.

Personally I think it will be a sad day when someone can gain entry to your home without a warrant issued by a Majistrates Court Judge

[Number6]

Personally I think it will be a sad day when someone can gain entry to your home without a warrant issued by a Majistrates Court Judge[/font]

 

It's not just that either.

 

Currently a Mag can only issue a warrant for police, customs, immigration or other law enforcement agencies to enter your home if you are suspected of a crime.

 

The new regs will allow any tom dick or harry to get an entry warrant for a civil debt! This is unheard of since the middle ages!!!

 

Pete

[dragonlord002]

I see a big market for saw off shotgus comming.

[bazm]

Dragonlord002 you worry me! Zooman makes a lot of sense. Proper civil enforcement of court judgments is essential (otherwise no justice = unjust society). Why should it be that that someone who can hide their wealth behind a wall, lock the merc in the garage not pay his creditors when the vulnerable debtors become easy targets because of the low standard of many bailiffs.

Bailiffs should be licensed, not paid commission and qualified by exam. In a perfect world all debt/fine recovery would be dealt with one court department's bailiffs but in the meantime the current mess needs sorting out. The additional enforcement restriction orders and debt relief orders in the act will hopefully remove a lot of the poorer people from bailiff action.

And don't always blame local govt - the blame can be attached much higher, to central government where wierd ideas and extra services are forced upon local councils without funding.

Now if you really want to get me started lets discuss dodgy company directors who fleece suppliers and employees with the apparent approval of government. The latest trick of going into administration rips a lot of people off. You would be surprised at the number of big high street names currently trading using administration to avoid paying their debts and all the while the directors grow fat - and there is no sign that the government will allow bailiffs to get at them either

[Gingerheid]

I would say that these are generally good proposals, and would also share any faith shown in the court system!

 

I would hazard to say that in fact people are more frightened of courts than they should be, and as a result more often than not fail to take advantage of the protection from creditors the court can offer them when they should.

 

For example, nobody should be letting claims go to judgement in default from the bulk centre at Northampton (for payment in full forthwith). If you can't pay a debt you need to give the courts the information about what you can or cant pay. Any order made my someone at a local court who has seen you will reflect that; the difference between an order to pay £10k yesterday from Northampton and an order to pay £10 a month from your local court.

 

For many people a CCJ would actually provide for much more civilised dealings with some creditors than trying to deal with the bolshy people at the debt collectors call centre that are basically secretly hoping they can bully you into borrowing the money to pay the debt of from somewhere else, because it's their only chance of ever seeing the money in sensible length of time and they know it!