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Know your bailiff

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BAILIFFS have recently been granted new powers. However, how many of us are aware of their rights when they hear that knockCitzens Advice Bureau on the door? Here’s a quick summary of the different types of bailiff and debt collectors you might encounter, what they are allowed to do, and who to contact for help and advice.

Certified Enforcement Agents are appointed by the Magistrates Courts (CHECK). Under the Tribunals, Courts and Enforcements Act of 2007, they have certain powers to enter properties and to seize goods. Certified Enforcement Agents are either officers of the Courts, or private contracted firms. They deal with debts relating to: Council Tax; High and County Court Judgements; Magistrates Court fines and Compensation Orders; parking penalties; child support; income tax; National Insurance; VAT, and business rent. If your debt is not from one of these, it’s probably not a Certified Enforcement Agent.

Enforcement Agents can only force their way into your house if they have applied to the court for a Paragraph 15 warrant of entry. This only applies in law with unpaid criminal court fines. They cannot remove goods in your absence unless you have signed a compliant regulation 15 controlled goods agreement with those goods listed on it.

Agents can enter your house through an unlocked door. They cannot force their way past you, or enter the house when only children or vulnerable people are present, or at night. They must only enter through a door. If you don’t let them in, they are entitled to seize property outside your house, for example a car.

If you do not owe money to any of the above, or have not received notice that the bailiff is visiting, you are probably dealing with a debt collector. Always ask to see identification. Debt collectors have none of the powers discussed above, and if they try to convince you that they are a bailiff, or have the right to enter your home, they are committing an offence.

The new regulations concerning bailiffs have led to some confusion and disagreements locally. The Herald understands that the police were called to the Mount Estate in Milford Haven last week, after reports of an altercation between a bailiff and a local resident.

According to witnesses, on Thursday (Feb 5) the bailiff entered through the patio doors of a property in the Birch Mead area of the Mount before the argument took place. A Police spokesperson confirmed that officers had visited the Estate following ‘a request for assistance.’ However, no injuries were reported, and no arrests were made.

If you need more detailed advice on bailiffs, contact the Citizens Advice Bureau on 0844 477 2020. They will contact you within 48 hours. Alternatively, check their website www.adviceguide. org.uk for details of local drop-in sessions. To complain about a Certified Enforcement Agent, download a form from www.gov. uk

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Welsh Lib Dems urge First Minister to return dodgy donation

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THIS week in the Senedd, the Welsh Liberal Democrats have urged the First Minister to return the £200,000 donation he received from a company linked to environmental crimes.

Speaking to the Senedd on Wednesday, party leader Jane Dodds MS urged FM Vaughan Gething to return money donated to his campaign by Dauson Environmental, a refuse and recycling business owned by David John Neal.

Mr Neal received a 3-month suspended prison sentence in 2013 for illegally dumping waste at a conservation site on the Gwent levels.

His companies Atlantic Recycling and Neal Soil Suppliers were also prosecuted and given fines and costs of £202,000.

Then in 2017, Mr Neal was given another suspended sentence of 18 weeks, with fines and costs of £230,000 after failing to remove the waste.

The Welsh Lib Dems have called on the FM to return the donation, as part of wider calls for a shift away from the influence of “big money” in Welsh politics.

Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said:

“This entire episode has casted a dark shadow upon Welsh democracy and has rightfully led to many questioning the integrity of Vaughan Gething’s leadership campaign and the way our democracy works here in Wales.

Unfortunately for many of us this is hardly surprising, as our political system has been broken for quite some time now.

A system that empowers the elite donor class whilst simultaneously shutting out the voice of the voter is a perversion of democracy itself.

This is why our wider goal must be to remove the influence of ‘big money’ from Welsh politics once and for all.

We cannot have another government that prioritises the interests of its financial benefactors over those of the Welsh people.

We need to take a firm stance in rooting out the influence of cash in Welsh politics, for the sake of our communities we must start prioritising their interests and needs instead of having more self-serving politicians.”

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Council seeking legal advice to address Withyhedge enforcement

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PEMBROKESHIRE County Council says it has sought legal advice and is contemplating legal proceedings against Withyhedge Landfill operators RML, in regards to the ongoing odour issues at the site.

The Council intends to ask the Court for an injunction requiring RML to abate the public nuisance odour arising from the landfill. Failure to comply with the injunction would be contempt of court, which carries a penalty of up to two years’ imprisonment and unlimited fine.

Following significant work undertaken by RML the Authority is disappointed that the problem has not been resolved and residents continue to be impacted by the odour.

Working in collaboration with Natural Resources Wales (NRW) and Public Health Wales (PHW), we fully appreciate that the communities affected cannot tolerate this any longer.

NRW announced that the first set of deadlines for the completion of actions to tackle the ongoing odour issues at Withyhedge Landfill have been met, one week on following the issuing of further enforcement action on 18th April.

This will be closely monitored by NRW to ensure the operator complies with all the actions set out in Notice by 14 May.

It was deemed appropriate to wait until the operator had carried out mitigation to comply with the enforcement requirements by NRW prior to considering this additional action.

To that end, on 26th April 2024, the Council served RML with a letter of claim and invited them to give legally binding undertakings to abate the odour nuisance or face legal proceedings. The Council also asked for disclosure of documents relevant to the proceedings, including records of waste brought in or removed from the landfill.

The Council has given RML until 14th May 2024 to respond to its letter of claim. This aligns with the current deadline set by NRW under its enforcement notice.

Pembrokeshire County Council Chief Executive Will Bramble welcomed the move. He said: “We are extremely disappointed that RML has not delivered the necessary action to stop the completely unacceptable smells from the site.

“We fully support the additional enforcement action being taken by NRW and continue to work closely with them to do all in our power to correct the situation.

“Our intention to ask the Court for an injunction requiring RML to stop the odour nuisance arising from the landfill, is another part of our collaborative approach. The smell from Withyhedge is having a major impact on residents and visitors. This situation has gone on too long and it is unacceptable.”

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Beautiful, funny and lovely: Family pay tribute to Sian Batchelor

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THE family of a woman has paid tribute to a “beautiful, funny, lovely person.”

Sian Batchelor, aged 32, was found on a beach near Pennar, Pembroke Dock on Tuesday evening, April 30th, 2024.

Her family has issued a statement to say: ‘We are devastated by our loss. Sian was a beautiful, funny, loving person. We will treasure the good times we had with her.

“We would now like time to grieve and would ask to be given privacy in which to do so.”

The circumstances surrounding Sian’s death are being investigated and police would like to hear from anyone with information, sightings of Sian or contact from Sian, between Thursday April 25 to Tuesday April 30.

Police can be contacted either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101. If you are deaf, hard of hearing, or speech impaired text the non-emergency number on 07811 311 908.

Quote reference: DP-20240430-284

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