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Acting in commerce

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Acting in commerce

Post by daveiron on Sat Feb 25, 2017 9:51 am

Just wondering if we are missing a trick regarding DCAs & bailiffs.

Leaving aside High Court Bailiffs, My thoughts are all other bailiffs & Dc scum are all acting in commerce,should we not therefor demand certain things from them which they must supply.
For example when you get the letter saying they are going to call,should we not ask for the following;

Details of,
Their & their employers Public Liability insurance,
A fully compliant method statement
A fully compliant risk assessment
Also inform them that as its private property all recording whether audio & or video is forbidden.

Maybe assassin can enlighten regarding the HSE side of things.


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Re: Acting in commerce

Post by ceylon on Sat Feb 25, 2017 1:30 pm

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Re: Acting in commerce

Post by assassin on Mon Feb 27, 2017 6:13 pm

Thank you for that Dave.

As far as a bailiff/enforcement so called officer is concerned they are at work and all HSE legislation applies and you can demand to see both a risk assessment and a method statement which must list all risks and methods clearly laid out to mitigate them.

For these individuals I would expect to see something such as being punched in the face in both their risk assessment and how it is mitigated in their method statement as they are real risks, there may often be a risk of being bitten by a dog, or trips and falls on many areas of land from rubbish through to junk being stored as these are real risks.

As for you? if you are at home then no risk or method applies because it is not your workplace and you are not at work.
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Re: Acting in commerce

Post by daveiron on Mon Feb 27, 2017 9:09 pm

Thanks for the response assassin, that was my thinking also.
I am at present having some fun with a DCA .

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Re: Acting in commerce

Post by assassin on Tue Feb 28, 2017 1:09 am

Remember they are trying to get you into a contract Dave, call it the pre tender stages if you want to be business like, as you know only too well this is the stage that all relevant information is exchanged and of course that includes a risk assessment and method statement.
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Re: Acting in commerce

Post by assassin on Tue Feb 28, 2017 1:16 am

You can set wharever rules you like on your property.

You can make it a condition of entry onto your property that they have valid Employers Public Liability Insurance and you need a certified copy of their insurance certificate. You can have a little fun with this, particularly if they are self employed.

You can add a ban on all video and audio recording on your property and if they refuse you can add whatever penalty you like.

You do need to display your terms and conditions in a visible position where they are easily read.
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Re: Acting in commerce

Post by daveiron on Tue Feb 28, 2017 8:35 am

Hi assassin,

That is exactly what i have done .Sent my terms & conditions to them ,including that I require they book an appointment and enclose a payment of £ 100.00 to pay for my time as I do not work for free.
Their response was "we will not supply our public liability details",So I responded that their implied rights of access were now immediately and permanently removed.

TBH I am getting a lot of pleasure from this as for some time i have arranged everything so that i hold title to nothing.
I do not own my home ,my vehicle is owned by a company & all the contents on or in this property are owned by a family member .I do not now or in the future require credit .Just waiting to see how much they are prepared to spend before they resell .

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Re: Acting in commerce

Post by urchinatheart on Tue Feb 28, 2017 11:50 am

Thank you both for an informative and useful exchange and Ceylon for funny and helpful video. One idea I used was to explain that any contact after 3 letter process and estoppel would be treated as a request for the "Quality Control Service" I was offering, and the charges that would be made.
It was great fun correcting the letters, offering suggestions for "improvement" and then invoicing them...they soon vanished after that !

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Re: Acting in commerce

Post by assassin on Tue Feb 28, 2017 12:22 pm

I rather suspected you would work along those lines Dave, another is the trust which is great fun but costs money and this gives everything away but leaves you in control, but you have some excellent trustees they have to get through.

Nice one Urchin, I like some lateral thinking and throwing back at them what they throw at you, with interest.
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Re: Acting in commerce

Post by daveiron on Fri Mar 03, 2017 6:57 pm

Quick update ,received a letter today, PRA Group stated debt is unenforceable .£4,756.20

It gives me great pleasure that they probably paid out 10-20% for this.

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Re: Acting in commerce

Post by assassin on Fri Mar 03, 2017 7:00 pm

Pity it wasn't higher Dave.
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Re: Acting in commerce

Post by assassin on Sat Mar 11, 2017 12:47 pm

Actually they are breaking the law with Public Liability Dave, go to any business premises and they display it in a prominent position such as reception so any visitors can see it; in point of fact any request to see their public liability insurance should be honoured so now they are refusing, they are breaking the law and given you the evidence in writing.
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Re: Acting in commerce

Post by daveiron on Sat Mar 11, 2017 2:12 pm

Thanks assassin,
I do not know if PRA group are licensed for doorstep collections,not that it matters now as they have given up,
Should they have supplied Liability ins details anyway regardless .

If any template letters for debt collectors are put up on this site .I think it would be good to add amongst other things ,
the things i put in my original post. Go on the attack if you will & make things harder for them instead of them dictating things.

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Re: Acting in commerce

Post by assassin on Sat Mar 11, 2017 7:56 pm

I like your style Dave.

In point of fact we have issued all our site crews a document pack as often they are asked for bits of information on site, usually it is CSCS cards but we also include a copy of our PLI and many of our clients like it.
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Re: Acting in commerce

Post by urchinatheart on Wed Mar 22, 2017 10:41 am

Lots of great infomation, thank you. I also found this very helpful.

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Re: Acting in commerce

Post by assassin on Thu Mar 23, 2017 2:45 am

Thinking about it Dave, you can have some good fun with Public Liability Insurance as many scum are directly employed by a company, while many are self employed.

It is a legal requirement to provide the certificate of PLI on demand, and if they refuse to provide it you can evict them from your property immediately on both sides of the coin. you can claim they may be at risk from general or specific risks posed by a visit to your property by your actions such as welding for example, or your dogs. In my case there is more than a risk from my dogs as they will, and have had them in the past

You can reverse this to risks they pose to you, for example you may have a short fuse and clock them one, or them parking across your drive may pose a serious medical risk to yourself or partner due to a medical condition.

In either event they always enter with full insurance and will not be allowed onto your property without proof of PLI and signing a disclaimer, as you know a bit of bailiff meat is a treat for my dogs.
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Re: Acting in commerce

Post by daveiron on Thu Mar 23, 2017 7:44 am

Of course Mr Enforcement Officer ,I need your PLI as there maybe certain risks attached to entering my property.
So in fairness to your insurers I feel that they should be made aware of the possibility of a claim .



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