Bristow & suitor

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
John The Baptist
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#36 Re: Bristow & suitor

Post by John The Baptist » 16 Dec 2017 01:05

You stuck your big nose into a debate by posting your usual brand of drivel.

Is Jason telling debtors that they are vulnerable and have nothing to worry about alright in your book?

What happens when the bailiff lands on them with an even bigger bill due to fees?

Do you think it helps to quote Jason or yourself?

As far as I'm concerned, feeding debtors with crap that lulls them into a false sense of security is just as bad as bailiffs abusing their powers.

Edd
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#37 Re: Bristow & suitor

Post by Edd » 16 Dec 2017 01:42

A section courtesy of citizens advice:

(Check if bailiffs should treat you as vulnerable

You can be vulnerable in lots of different situations, for example if:

you’re disabled
you’re seriously ill
you have mental health problems
you have children or are pregnant - especially if you’re a single parent
your age makes it hard for you to deal with bailiffs - usually if you’re under 18 or over 65
you don’t speak or read English well
You can also be classed as vulnerable if you’ve been through recent stressful or emotional circumstances. For example becoming unemployed, being a victim of crime, or having someone close to you die.

Tell the bailiffs if you’re a carer, relative or friend acting for someone vulnerable who has a debt. Explain the person’s vulnerability and the bailiffs should be willing to talk to you instead.

Mention if you have any legal right to act for the vulnerable person, such as powers of attorney.)

Ps. It asserts nothing is cast in stone re vulnerability - these are guidelines only. Each circumstance and situation will often vary accordingly.

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Schedule 12
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#38 Re: Bristow & suitor

Post by Schedule 12 » 16 Dec 2017 02:05

John The Baptist wrote:
18 Jan 1970 13:22

We both know that you don't do this so why lie about it?

I do them as paralegal working under a solicitor. Not the solicitor you think it is.
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Author: dealingwithbailiffs.co.uk

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Schedule 12
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#39 Re: Bristow & suitor

Post by Schedule 12 » 16 Dec 2017 02:12


Is Jason telling debtors that they are vulnerable and have nothing to worry about alright in your book?




That is not what I said.
Run this Checklist. If no joy, then we'll fix it
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Pote Snitkin
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#40 Re: Bristow & suitor

Post by Pote Snitkin » 16 Dec 2017 07:28

You really need to change the sentence on that link. "Bailiffs may not recover fees from vulnerable people" implies that vulnerable people are exempt from fees.

John The Baptist
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#41 Re: Bristow & suitor

Post by John The Baptist » 16 Dec 2017 10:20

Edd wrote:
16 Dec 2017 01:42
A section courtesy of citizens advice:

(Check if bailiffs should treat you as vulnerable

You can be vulnerable in lots of different situations, for example if:

you’re disabled
you’re seriously ill
you have mental health problems
you have children or are pregnant - especially if you’re a single parent
your age makes it hard for you to deal with bailiffs - usually if you’re under 18 or over 65
you don’t speak or read English well
You can also be classed as vulnerable if you’ve been through recent stressful or emotional circumstances. For example becoming unemployed, being a victim of crime, or having someone close to you die.

Tell the bailiffs if you’re a carer, relative or friend acting for someone vulnerable who has a debt. Explain the person’s vulnerability and the bailiffs should be willing to talk to you instead.

Mention if you have any legal right to act for the vulnerable person, such as powers of attorney.)

Ps. It asserts nothing is cast in stone re vulnerability - these are guidelines only. Each circumstance and situation will often vary accordingly.
Just to put you in the picture, vulnerability for the purposes of enforcement means that someone cannot manage their financial affairs. For example, due to a condition (mental impairment) or a situation (bereavement). Simply being disabled, pregnant, single parent etc will not be enough to make you exempt from a bailiff visit. It would certainly pay to inform the bailiff company in advance of a condition ie pregnancy or disability but it wouldn't stop a visit. It may well impact the level of pressure that the bailiff applies though.

People need to forget about vulnerability as a means to get out of bailiff fees. It is so rare that it is pointless trying for it.

John The Baptist
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#42 Re: Bristow & suitor

Post by John The Baptist » 16 Dec 2017 10:24

do them as paralegal working under a solicitor. Not the solicitor you think it is.
Okay.
That is not what I said.
You are claiming that the bailiff cannot take control of goods if they are in the house on their own and that the creditor must remove bailiff fees. In terms of enforcement, that is the same as telling them that they have nothing to worry about.

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Schedule 12
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#43 Re: Bristow & suitor

Post by Schedule 12 » 16 Dec 2017 11:04

No it's not.

Creditors don't need to remove bailiffs fees.
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John The Baptist
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#44 Re: Bristow & suitor

Post by John The Baptist » 16 Dec 2017 11:13

Jason - You are telling people (wrongly) that the bailiff can't enforce and that fees will be removed from the account. Surely that is as good as telling them that they have nothing to worry about? No enforcement and no fees leaves nothing whatsoever to worry about does it?

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#45 Re: Bristow & suitor

Post by Pote Snitkin » 16 Dec 2017 11:36

John The Baptist wrote:
16 Dec 2017 10:24
You are claiming that the bailiff cannot take control of goods if they are in the house on their own and that the creditor must remove bailiff fees. In terms of enforcement, that is the same as telling them that they have nothing to worry about.
That's half true - if a vulnerable person is the only one present then the EA cannot take control.

The wrong part is Jason saying that they will be exempt from fees. That's clearly not true - if the debtor is vulnerable then they must be given an opportunity to seek advice or assistance, that is all. If the debtor is mentally unwell or destitute then it may well end up with the EA being recalled, but you can't say it absolutely will happen.

John The Baptist
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#46 Re: Bristow & suitor

Post by John The Baptist » 16 Dec 2017 11:47

My feeling is that the debtor must be vulnerable for the purposes of enforcement (suffering either from a condition or situation that affects their ability to manage their own financial affairs) It does not mean any old random person who would fall into the "vulnerable" category. For example, a debtor in a wheel chair with all their wits about them would be exposed to the risk of goods being removed.

If a person can put together a post seeking help on an internet forum then it would almost certainly exclude them from being deemed vulnerable for enforcement purposes. Their goods would be at risk although it should be remembered that for council tax (as in this case), a bailiff would almost certainly need permission from the LA before being able to proceed with removal.

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