Form 4 Complaints and the matter of costs.

[brassnecked]

BN, yes, there are a lot of 'questions' arising from this debacle and I am prepared to put my knowledge where my mouth is by answering any q's raised on the forum but as Fair Parking commented on the site in question, I have more important tasks ahead of me for the day and with the cat litter tray having now been emptied, I must turn my talents to making mince and dumplings for tea.Which by the way I am fully qualified to that task with over 50 years in the catering industry.

 

WD

 

Think I have to do chicken & mushroom pie for my lot, use up remainder of yesterday's roast chicken....

[wonkeydonkey]

Cheat and open a can of Condensed Chicken soup throw in the mushrooms and diced peppers etc saves loads of time making a sauce?????

[brassnecked]

Cheat and open a can of Condensed Chicken soup throw in the mushrooms and diced peppers etc saves loads of time making a sauce?????

Thanks WD will try that next time, had already diced a small onion, and simmered it with an Aldi chicken stock cube iwth peas carrot and pepper. thickened with cornflour and milk, and it is in the oven.. Wait a minute would HC claim to be a chef in between vanquishing bailiffs, whilst flying inverted in an Airbus 360?

[unclebulgaria67]

I have stayed out of the postings about the person who runs this other small site, as I find it all a little bit odd. I can never understand people buying these packs which just contain information. It is a bit like Grant Shapps (Michael Green) who used to sell these books about the secrets of business success, how to win etc etc. There is nothing wrong in doing so, as long as you abide by all the relevant laws and advertising standards.

 

I see the latest idea that this Bailey chap is looking at, is selling packs about how to sue the Police, when they have made mistakes in helping bailiffs when they should not have done so. If you look at the other site, there is a posting tonight asking whether anyone knows a Solicitor who would be interested in helping with the packs.

[wonkeydonkey]

I doubt any solicitor would want to risk being involved in such a venture, that 'Bailey chap' has now been shown that DIY form 4 complaints can be very costly to a debtor, imagine the costs they would face taking the action against the police? Imho he is once again looking for guinea pigs to test a possible money spin idea.

[lamma]

Suing the police. Rough seas that are hard to navigate (and can be impassable) - and are shark infested to boot.

[brassnecked]

Suing the police. Rough seas that are hard to navigate (and can be impassable) - and are shark infested to boot.

Unless you have them bang to rights on a wrongful arrest and unlawful detention after a cry wolf bailiff has been rumbled

[tomtubby]

Suing a local authority or a bailiff company is one thing but suing a POLICE AUTHORITY is something that I would NOT ever recommend without very serious thought being taken.

 

Issuing proceedings in the first place can cost a FORTUNE as "Happy Contrails" himself confirmed in his post on this very forum (link below):

 

http://www.consumeractiongroup.co.uk...d-comes-around

 

As you will see, he confirms that he paid over £18,000 issuing proceedings against Marston Group. !!

[wonkeydonkey]

Suing a local authority or a bailiff company is one thing but suing a POLICE AUTHORITY is something that I would NOT ever recommend without very serious thought being taken.

 

Issuing proceedings in the first place can cost a FORTUNE as "Happy Contrails" himself confirmed in his post on this very forum (link below):

 

http://www.consumeractiongroup.co.uk...d-comes-around

 

As you will see, he confirms that he paid over £18,000 issuing proceedings against Marston Group. !!

 

............the phrase' take it with a pinch of salt' springs to mind, sadly only Marston's/Drakes can give the true tale to what the costs were and what sum was actually awarded,?

[tomtubby]

For anyone interested I have posted a copy of the leading test case referred to in this thread and copies of Judgments where costs orders have been awarded in favour of the bailiff in a seperate thread:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?389403-Form-4-Complaints-Copies-of-Judgments-where-costs-have-been-awarded-in-favour-of-the-Bailiff-!!(5-Viewing)-nbsp

 

.

[letsmakeamark]

I have a very very bad feeling that this person is costing people who cannot afford these sorts of fees dear ?

[letsmakeamark]

Jason has been kicking off about tom tubby and wonkey donkey again. He must be very jealous of tomtubby. If i am right. He has been caught out again.

[wonkeydonkey]

Jason has been kicking off about tom tubby and wonkey donkey again. He must be very jealous of tomtubby. If i am right. He has been caught out again.

 

Caught out BIG time. However, it is said "the wheels of Justice turn exceedingly slow, but grind exceedingly fine." and with patience being possibly my only virtue....tick, tock.

[tomtubby]

I would like to thank everyone for the messages and emails that I have received today. I had not realised that this person (JasonDWB) had made such serious (and untrue) allegations against me on his forum late last night and early this morning. I am genuinely in shock at the moment but I hope to be given the opportunity to respond.

[wonkeydonkey]

I have also received a large volume of emails/phone calls following his latest outburst. I offer a big thank you to one and all for your continuing support.

 

TT I would also like to be given an opportunity to respond but, as we well know Jason DWB hasn't got the *alls to open up his site to allow either of us the right of public reply.

[tomtubby]

Thank you also to everyone who has sent PDF copies of the posts to me. Predictably, within the past few hours the posts have been MOVED into their "Flame Pit" section.

 

I am in the process of drafting my response.

 

Today is a very significant day where three events combine.

 

It is friday the 13th at the last time that a full moon will be seen for 35 years.

 

It is also the day that I intend to defend myself against this person.

[brassnecked]

Thank you also to everyone who has sent PDF copies of the posts to me. Predictably, within the past few hours the posts have been MOVED into their "Flame Pit" section.

 

I am in the process of drafting my response.

 

Today is a very significant day where three events combine.

 

It is friday the 13th at the last time that a full moon will be seen for 35 years.

 

It is also the day that I intend to defend myself against this person.

 

You have our support TT. This person is a pain in the neck, as all he does is throw insults and bile, a bit like a hate preacher, but he is preaching wrong information that could cost an unwary debtor a fair bit more.

[tomtubby]

 

He is preaching wrong information that could cost an unwary debtor a fair bit more.

.

.

Am this is precisely WHY I will correct any misinformation given on the site. It is vital to do so and is in the public interest.

 

As viewers on this forum will know, in January this year a debtor (Plumb27) sought 'advice' from that site and was encouraged by JasonDWB to file a Form 4 Complaint and his posts confirm that the site assisted him with the drafting of the Form 4. On the very day of the hearing the entire thread was removed from public view and put into a 'secure private members area'. The public were therefore none the wiser regarding the outcome. He ("Plumb27) lost his Form 4 Complaint and was ordered to pay the BAILIFF'S legal costs of over £4,500.

 

A few months ago another poster (RUDEY) posted full details of his complaint on the BHF forum and despite "Rudey's" obvious difficulty in being able to write properly he too was encouraged to file not one but TWO Form 4 Complaints. He paid the site to draft his Form 4's. He too lost in court and was ordered to pay over £5,000 towards the bailiff's legal costs. He had not yet paid and on Monday is due in court again as the solicitor representing the bailiff is seeking to secure payment of the costs by way of a charging order over his (RUDEY'S) property. Utterly tragic and so predicable.

 

It is extraordinary that since 'letsmakeamark' posted on this forum yesterday over 450 additional posters have viewed the thread.

[ploddertom]

I have been contacted by wonkeydonkeys husband to see if I can help him as he is seriously annoyed about some the allegations made against her - none of which have any foundation. There have been allegations of an online diagnosis for mental health issues, reporting and having her ISP throttle her Internet service - very difficult as husbands name is on the account. She is supposed to have made a complaint to HMRC, examination of his phone records fails to back this up. He is after blood for this and I have told him I will help where I can as long as I don't break any site rules for Data Protection.

[unclebulgaria67]

You have our support TT. This person is a pain in the neck, as all he does is throw insults and bile, a bit like a hate preacher, but he is preaching wrong information that could cost an unwary debtor a fair bit more.

 

As I have said before on here on numerous occasions, the only way this type of situation can be dealt with is to regulate all internet advice sites that charge for 'services'. I am not talking about free internet forums like CAG, but ' advice sites' that charge for drafting letters, giving tailored advice etc. There are now many different 'bailiff advice' sites who charge for 'services' and as far as I know they are not subject to any regulation.

 

I am surprised that this paid for advice which can be proved to be wrong, does not come under SOGA. If what has been said is true, some people have lost out financially after believing that their paid for advice was correct and there was no financial risk to making the Form 4 complaint.

 

I have read what has been said on the other site and it does seem to be a continuation of the long running feud, with just a repeat of what has been said before, with added personal stuff. It is a bit of a grey area, as the libelous bits are against an internet forum name and not directly against a person. It is only a certain number of people who would know the real name of the person that posts under a forum name. It is the sort of argument that a court would not get involved in, unless it was a long drawn out expensive case, where lawyers could make loads of money.

[brassnecked]

It would be futile to use litigation at this point UB

[unclebulgaria67]

It would be futile to use litigation at this point UB

 

Not suggesting it. Really there is b*gger all that people can do about this type of situation, other than report to relevant authorities. Perhaps the MOJ would be interested in looking at issues of paid for legal/bailiff advice given by people not holding relevant qualifications and not being regulated ?

[citizenB]

Would there be any point in contacting the MoJ in respect of this ?

[unclebulgaria67]

Would there be any point in contacting the MoJ in respect of this ?

 

That is a reasonable question to ask. It is up to those that have come a cropper after following paid for advice to do what they feel is appropriate.

[seanamarts]

This person in question is dangerous with what he has been doing, I fully believe he is worse than any bailiff I have had to contend with.

I am shocked and appalled at what he has done, Again!!

When is he going to wake up and see that his methods are causing so much more anxiety not to mention cost to an already bad situation. Its obvious its a money orientated scheme he is operating. It certainly is not Justice for his 'clients'

I honestly believe also that he is trying to succeed a one upmanship against TT, hoping that one case wins so he can put up two fingers to TT and say he was right all along about his methods using a Form 4.

Challenging a bailiff via a Form 4 and succeeding is rare, you are not just fighting a bailiff you are fighting the company he works for who will defend their bailiff at all cost. I should know, its not as easy as this person makes out either.

There are other routes to go down that does not implicate costs to the complainant, one of which is to complain to the court bailiff management where the bailiff was certificated. They then place the bailiff in question up for a review in front of a circuit Judge. There is no hearing, you do not have to attend anything and the bailiff does not require a solicitor. The Judge will decide if the bailiff has acted appropriately with regards to behaviour, levy costs etc... The Judges findings are then sent to the company the bailiff works for and they have to make amends, if any, to the clients account. A report is then sent to the issuing council.

A form 4 should not be made with regards to an overcharge from a bailiff, however since April it would be hard for bailiffs to do that, but its not to say some will still try it on.

I know I won my form 4 but that was under completely different circumstances and the bailiff basically admitted he was taught wrongly.

I hope this person gets shut down, he shouldnt be able to do this to people, perhaps we should get dont get done get Dom to sort him out, expose this person for what he really is.