Dan, your videos are brilliant and should assist many people across the country if they watch, listen and understand. Love your shows, and please keep them going.
@@BlackBeltBarrister For a search warrant to be issued, sufficient evidence for the warrant has to be put forward. TV goons are employees of a private company that is not part of the legal system and has as much right to get a search warrant or enter a property as any member of the public. If what you are saying is true that would mean 1) I could get a search warrant for a neighbors house because I have reason to believe they have hacked my wifi password or stolen Fido my dog and I could personally carry out the search. 2) A TV goon would have had to have potentially broken laws ie trespass, voyeurism or filming on private property without consent to gain evidence in order to get a search warrant, which would make that evidence inadmissible and the Goon liable.
Excellent advice Dan, i made the mistake of helping a work colleague with a loan but only a verbal agreement regarding paying it back, he never paid a penny back. An expensive hard learned mistake.
Hopefully it wasn't too much. Depending on the amount think of it as salary lost and you'll earn it back. What I have learned is if they have to ask you for it in the first place, they won't pay you back, even if their times get better.
@@rs-qt1qg It was more than a months wage at the time. As a friend told me, a fool and his money are easy parted. Despite plenty of reminders, he didn't seem to care about making any offers of repayment. I vowed never to lend money to anyone again.
@@Barbarapape I know how you feel. A so-called friend of mine who's an alcoholic scammed me over the space of a few years it was always lend me £20 i'll pay you back just to feed his habit. Final straw was he said he would pay me back a few days ago but didn't. So I said goodbye to that "friend"
@@rs-qt1qg The worst part for me is that i still have to work with this person, he is constanty gloating about buying the latest mobile phone etc, but has no intention of ever paying me back. Some day his karma will hopefull catch up with him.
@@Barbarapape I know how you feel as I had the same when I lent my brother a large amount and after an arguement he decided not to pay it back. I learnt a lesson, but would still lend money to those that need help, but now I accept it may not be paid back and always a relief when it is. Hope you get some good karma as you obviously deserve it.
@@lloydwalden3541 They may send 'threatening' letters and may decide not to believe you when you send in the official "I don't need a licence because I don't use a telly" form. Perhaps it's changed now, but years ago I had a 4-year battle to get rid of the licence goons. (I genuinely only watched DVDs, and /free/ computer video).
imho, as a man of 70 who worked from 16 to 66 stayed married and raised a son and daughter to adulthood i reckon by far the Biggest mistake people make is getting into 'unecessary' Debt....sorry people, but the truth is Debt Enslaves You to those you owe that Debt to...(which is what they want)...for your own sakes avoid it as much as you possibly can.
After I was honest enough to disclose that I had been a passenger in a car crash when I encountered the relevant question in my own car insurance renewal, my premium went up significantly. When I questioned this, I was told that, statistically speaking, I was more likely to be involved in another crash. One needs to be aware that honesty can be used maliciously by third parties.
Talking of contracts. A few years ago I worked for a well known energy and engineering company. With in the first month I was sent up to a project that they were principle contractor in the east of England that was way way behind schedule and a client who was within their rights to be angry at the debacle they had caused. The project manager (who had also been parachuted in) and I arranged face to face meetings with the sub contractors. We found out very quickly that there was no written contracts and agreements had been verbal. It shocked me a company of that size would operate in such a manner.
Great advice BBB. I'm sure Vicky Pryce and Chris Huhne MP never thought they would be jailed for Eight Months for Perverting the course of justice when she took Speeding Points for him. Hard lesson to learn. Keep up the good work. Mike 👍🍻
How do points get alotted or take by someone other than the driver? In he US, tickets go to the driver so there's no way to get around that with any tickets for moving violations. I'm so curious now about what makes it so different in the UK!
Thank you so much , police and others always try to do this type of things , thank god not that I have the anybody like this but been done of money like most
Good advice Dan. It could cost you a lot more financially and maybe your freedom by not being straight up with everything. Also friends who ask to take points on your licence or borrow money are usually not that good a friend.
One unhappy truth about having a formal contract drawn up, for building work especially, is the time factor. Using a law fir m to do this is the sensible route, but there’s no guarantee this will happen in the time frame you desire: weather conditions, the time of year snd not least, the number of jobs the contractor has “ lined up” in addition to yours. In a well populated area/region you might just find a law firm prepared to draw up a contract at relatively short notice, but the builder is not going to wait forever. In a low density population such as that in which I live jobbing builders are “thick on the ground” and predominantly work from home. Established firms have work loads stretching as much as 12 months ahead and tend to be very expensive, but even they rely on their reputation than a formal contract. You may be relying on an extension to your mortgage to pay for the work but that too can often come with time constraints. In practice, where we live most people rely on the honesty and recommendations from others and do without the formal contract just to be sure to get the job done at an affordable price and within the time frame that best suits you.
Another tip - when you buy your house, do the conveyancing yourself and don’t bother to register it with the Land Registry. It’s then held in a blind trust for you by the previous owners, and the courts can make no claim against it! Play the legal system, people - it’s rigged against you, so you’ve nothing to lose!
I think in reality it's easier than you say to have a judgement set aside. I've mentioned before our case against Northamptonshire Healthcare Foundation Trust that we won this year. There were many facets to it, so we submitted a separate claim for each. The first seven were ignored, NHFT got seven default judgements and it was only when we sent the baliffs in that they realised what was going on! Their barrister was Jennifer Thelen of 39 Essex Chambers and all she had to say was that they considered they had a reasonable defence for one case and all seven were struck out! Of course they went on to lose two of these cases, but what amazed me was that the court quite happily accepted their excuse that at least 14 court letters were not sent, despite us receiving every one and the summons being in the name of the NHFT chief executive with the Trust's address. I am still convinced that someone at NHFT has a desk full of letters they have not passed on!
I followed your advice and filed a complaint for a default of the Company Rgulations 2008 when a company sent me a total of 11 emails with 5 defaults each. £200 per default. Its £11295 + Costs now they have until Tuesday before I will file it in the courts on Wednesday. Merry Christmas :)
Dan, great video. Can I ask you, you mention that someone can enter your property with a warrant. Yet on TH-cam you see examples of where the home owner is arguing that the warrant isn’t signed. Can you tell me, how do we know the search warrant is genuine? What do we look for?
Dont worry if your a politician you can do what you want,take speeding fines for your other half,threaten to throw acid in someone's face and a host if other things,the same rules don't apply to you when it comes to punishment.
I got caught out once years ago by who I thought was a good friend and was also a work mate , I owned a very nice motorcycle brand new only 6 months old , but was on finance , I lost my job and could not afford repayments , he agreed to take my bike and continue paying until he payed it off , all good up to about 6 months later I received mail from the Finance company asking why I had not been making payments, they then adding extra charges etc , turns out my " good friend " had not even made one payment since he got my bike , he dodged me at every turn at getting the bike back , in the end as I had nothing in writing to do things legally I did end up hiring a couple of heavies to sort things out , they got my bike back and the missing payments , I never did ask how they manged :-)
Sound advice Dan - Bottom line be very cautious with anything that involves money or the law - make sure you have a way back if things go wrong - loving your videos !
The dishonestly of some people is truly amazing. What about those who order clothes they have no intention of buying, wear them then return them. I find thsi utterly abhorrent.
At work we do loads of due diligence before we buy anything but at home my folks do none. I work weekends in a supermarket. We get loads of short purchase returns people get really nasty when you say the imei number on the device and the box don’t match or the serial number of the item and the box don’t match. I had one a few weeks back and it said the item was made 4 years ago, but box and the receipt said a week ago.
Regarding recalling money. I’ve known a few people have issues where they have ordered something for delivery, had a notification from the seller of delivery but the items have not arrived. They lodge a complaint with the seller for refund or replacement of the missing goods. The seller refuses on grounds that they have had notification from the delivery company of delivery, with photograph. When they eventually got ahold of the photograph it has clearly shown a different location. When they tried to recall the money they were told that as there was proof of delivery they could not and would have to try to retrieve the goods, not always feasible when all you have to go on is a photo of a letterbox.
People who want to see an end to TV licence they should pull the plug on watching live TV. TV license advice is pay up or shut up. If you don't like it don't watch it.
@@natstar7864 Not sure what you mean by this. I don't watch BBC garbage or any other live TV garbage. If people think they are being ripped of by TV licence fee , they don't have to watch it . Nobody is forcing anyone in this country to watch live TV. The only slaves here are the TV watchers and that makes up at a guess, 98.8 of the population in the UK. Right ?
@@RavenBlack74 I agree , but really that is not the point . If the BBC folded there would be no licence fee to pay. However , the next thing people would complain about is the never ending deluge of advertisements, which is another reason I dumped watching live TV.
At work we had someone "return" a machine which was a counterfeit of one of our products. They must have thought we as the manufacture would not notice. How do people expect to get away with it?
Hi Dan, what is the bare minimum for an acceptable contract? A sound recording of you and them setting out the terms and agreeing? A video recording? Written on paper with their signature? How do you verify that the signature is theirs when they say it isn't?
Your agreement is the contract, a written document is evidence of what the contract terms were. Both a sound recording and a written contract would serve the same purpose. With the signature, once again it is an evidential concern. Their signature can be cross-referenced against their signature on other documents. Nothing is ever iron-cast though, I suppose a good liar can get away with anything. I would suggest that, in addition to a written contract, you can take a picture of it and send it to the other person by text or email at the time of agreement. That way, you both have a copy which is electronically time-stamped and acknowledged by you both as being binding.
In the United States a contract requires that both parties be present and watch each other sign it. And in some cases it requires the signature of witnesses and the stamp and signature of a notary public.
@@oldtimefarmboy617 I would add (U.K. law) that the witness is only to attest that the witnessed signature was done freely and not under duress. From my real experience of being a witness in a court case.
@@oldtimefarmboy617 That's simply untrue. Contracts do not require both parties being present. I'm not sure where you got that information but I've dealt with literally thousands of contracts during my 24 year legal career, and I've never seen one stricken or rendered invalid because the parties signed it at different times. That's simply not a rule. There could be certain contracts that require simultaneous signatures, but that would be on a document by document basis, and is not a set in stone rule in contracts law in the United States. Many contracts are e-signed now, which is totally valid, and the parties do not need to be in the same room together at any point. Also, the parties watching each other sign is not a rule and has never been, as far as I know. Sometimes contracts require witnesses, but the parties can't attest to the other party signing a document, so that would never be required. Occasionally businesses have certain ways they do things, but that doesn't amount to contract laws or requirements.
Hi Dan a had a signed for letter come through my letter box but during the pandemic the postman signed it, the envelope was EMPTY the track and trace Number showed it was posted 200 miles a way at a sub post office . I have also in the past where some one applied for credit a letter came through my letter box with my adresse on it but wrong name I opened it up to discover what was going on and phone the credit company to tell them.
I remember a few years ago the police turning up at our door and saying they had inspectors authority so they didn't need a warrant. Has this changed or is it still possible for the police to gain entry using that (slightly different ot TV livinding officer, but good to know anyway) ?
You can have proof of condition by filming yourself packaging it as your handing it over for delivery showing delivery parcel address on the video same opening it on receipt.
Company in a lot of debt: you can often look up the credit & CCJ situation for a company but, and despite being really useful information for consumers there is an associated access even though it arguably should be public information.
Regarding #2, I have always been told that if you send someone a detailed description of what is agreed and they don’t challenge that within a reasonable time then that is a binding contract. For example you agree with a builder that they will build a conservatory in your house during a certain period for a certain amount so you email them “To confirm, you have agreed to build a conservatory at house at [address] as per attached measurements and designs. Works will start no later than [date] and finish no later than [date], once started works will be continuous and in event of any breaks you will ensure that temporary measures are in place to ensure the security of my property and that no damage will occur. Total cost is estimated at [sum] and you will not allow costs to exceed [sum] without my permission. Initial payment shall be [sum] not more than 7 days before you commence work and [sum] when initial grounds works are complete, final payment of all outstanding monies will be made within 1 week of the work being completed to my satisfaction.” If they don’t object before the initial payment is made then they can be deemed to have agreed. A lot of IT supply contracts where I work are actioned on a similar basis.
If you lend someone money without a contract, can you take them to court such that they would have to lie under oath about the verbal terms? It is one thing to dodge payment it's another to lie to officialdom.
Please can you advise on opening letters that are addressed to your address (correct address) but are not in your name or anyone in the household, i.e debt collector or bills, letters coming to your house, but with a random name are you allowed to open it and can you ring them to say this person does not exist at the property?
With respect to civil fraud and ending up on the CIFAS database, many of the resultant constraints seem like a perfect way to push a fraudster toward further crime. I'm not for one minute suggesting the law should go lightly in terms of punishment, but surely it would be better that they have a monitored and controlled bank account rather than no bank account at all?
Daniel : this seems to be a point of contention . While I have no issues with TV licencing , many of the TH-cam videos seem to focus on the correct formatting of a warrant to enter and search a property . Could you please make a video , explaining in detail how a lay person could read , inspect and authenticate a warrant ? Does the lay person have the right to ask for the warrant to be presented to their lawyer before granting access ? What recourse does a householder have before allowing agents onto their property?
Quite informative for the lay folk, Dan ) I would, however, elaborate further on the “fundamental dishonesty” pleading in civil cases, since one has to be very careful to avoid such a finding in the civil courts, given that a finding like this has both adverse civil costs ramifications (costs on indemnity basis, meaning that the loser pays whatever the winner claims) AND criminal implications (many Circuit Judges and HC Judges have been known to pass the case files to CPS /DPP for a criminal investigation). Never even think of messing with insurers.
Simple question for you Dan; what constitutes a dangerous letterbox? In support of my Son's new business business venture, I have been delivering sales leaflets to houses in the immediate vicinity. I appreciate that I am on "their land" uninvited and I am supplying them with what some might see as "junk mail". However, I have been appalled at the lack of safety concerning the behaviour of some letterboxes. The problem is significantly worse with uVPC doors and porches. Sometimes I find the inner secondary flap is controlled by a strong spring that results in a "bite" that a crocodile would be proud of. Equally, the installation of the letterbox has resulted in jagged sharp features in it's interior that impacts that skin on the hand. I am not particularly concerned about myself as my association with this activity is limited. But, there are people that deliver leaflets for a living and (of course) there are the Post Office workers themselves. Observations?
My friend has just been falsely accused of spiking his girlfriends drink. He is 100% innocent. How can he clear his name and have the arrest wiped from record? Thanks.
Thanks for your reply. I very much doubt it will even go to court...but I'm concerned that the arrest for the alleged offence will stay on record.....or will it automatically be removed from record if the case comes to nothing?
TV License Agents. My understanding, having listened to this explanation is, if the Agent is in possession of a Warrant, they can enter your home and you have to answer their questions. Does your right to remain silent not apply in this instance? Thank you.
I would imagine you always have the right to remain silent. It is up to the Capita salesman (oops “TV LICENCE INSPECTORS”) to prove you are breaking the law. It’s not up to you to admit it.
You do not have to say anything but it may harm your defence if you do not mention, when questioned, something you later rely on in court, anything you do say may be given in evidence. You should be cautioned before questioning takes place and have the right to seek legal advice.
I have a question for you to explain to us all, and a video from you would be greatly apreciated, can you please explain and define what in the legal terms, a PERSON is as the legal acts and statutes keep referring to a PERSON / the PERSON .
Many thanks - very useful advice. Any chance of a follow up video ? .... "10 Huge Mistakes to Avoid When Interacting With the Police ?" Maybe things like .... (*) If I'm stopped (not in a car), do I have to give my details ? ("Stop and Account") (*) If I'm stopped in a car, do I need to provide details ? (*) If I'm searched, do I have to give details ? (*) If I'm invited for a voluntary interview at a police station, and I decide not to go, can I be arrested ? etc etc Thanks again ... and keep up the great work !
@@BlackBeltBarrister I'm sure this will be very popular, and help boost your channel ... 100k subs a bit quicker, hopefully. I know you have a number of Police auditors in your fan club, along with Mr Belfield. They'd love it, and share it with their subscribers. I reckon this could also be turned into an e-book, and added to your "Merch Store" ... if you do this, I'm placing my order right now. And the idea of "10 Huge Mistakes to Avoid ..." could be a brand. I'm sure you know that all "Dummies" books have a section at the end of every book : "The Rule of 10". Best of luck ... and I look forward to help market this really important work.
I was wondering if you could give me any advice please with regards to government vxx mandates? I am a nurse & lost my job in September due to not taking the jab. My partner is facing the same predicament 3rd Feb, he has 30yrs service in the NHS
Have a right to inspect the warrant? I have seen countless videos where they don't want you to see the warrant sort of let you see it without touching it for like a second....
I was told by a local lawyer that, "the council can bill you for what ever they want, for however much they want, when ever they want, that's the law and you have to pay it." Is this true or do I need to speak to a better lawyer. Oh this is in reference to the council over charging me for council tax, a couple of thousand pounds in fact. And if they can do this why is this not fraud or theft, the summary warrant is granted with no evidence at all.
No that is completly wrong. The Valuation Office set a properties council tax band not the council. Any other discount or exemption for example Single Person Discount require an application to the council usually with supporting evidence. Any dispute about liability for council tax, banding or eligibility for a reduction is dealt with initialy via the Valuation Tribunal which is an independent body. Case law says that Council Tax is due and payable as it falls due not withstanding any ongoing application for relief, ie you pay and if you win you get your money back. Magistrates Courts do not issue a "Summery Warrent" they issue Liability Orders these enable a council to take further enforcement action if required. The Liability Order must be served (By post) on the bill payer before any further enforcement action is commenced. The Bench will require proof that the council tax has been set correctly ie a copy of the resolution, proof of postage for the a Reminders and Summonses, a cerificte to state the computer evidence provided is correct as at that date and that the officer taking the court is authorised by the council to do so. If any of this evidence is not available then they can refuse the application. However, they cannot look at any dispute that is within the remit of the Valuation Tribunal (s16) or affordability. Any complaint about the actual administration of the account goes ultimately to the Local Government Ombudsman. That is what the legislation and case law says should happen but sometimes councils get it wrong and that is why the VT and LGO exist. Sounds like you would be better of with the CAB.
I had a dispute once over an alleged debt of £80 on a previous address… I had bank statements proving I hadn’t missed a payment … they dismissed it and said if I didn’t pay I’d incur court costs … begrudgingly I paid it … two days later I received another letter saying I still owed £60… I was fuming … they got a gob full and told where to shove it …. Never heard a word since .
@@diegestive4167 you may not have missed a payment, the bill you received was the balance outstanding on the day you left the property. The way the instalments are structured means you may have had something to pay when you left. But think about it if you received a bill two days after you paid the outstanding balance that bill was probably issued before you made the final payment and was already in the post hence no further action.
@@PA1606X I’d physically paid the remainder in their offices before hand …. This bill came over 2 years later addressed and billed to my present address… I had the bank records to show nothing was owed at this address…. Then they sent a revised bill stating it was from the last address where as I said I had gone into the office and was told what I owed and cleared it. I went through the bills and payments with them and asked where do they see I owe it …. I paid it for a quiet life ….
@@diegestive4167 As I said before unfortunatly some times they cock up, sounds like that happened in your case especially given that CTAX cannot be carried forward between accounts. But as I said it is possible to up to date on instalments and still have a balance outstanding when the account is closed, although, it should only happen if you move early in the year say April/May possibly June or of course they buggered up closing the account and got the dates wrong that would mess up both the old and new accounts when it was corrected. These days I'd say keep the bill, take names and double check everything.
Taking the wrap for someone could be beneficial. For example, your driver (could be your mum) could have 6 penalty points and is facing another 6. If you don't have a car you might as well take the wrap otherwise your driver will be disqualified and both of you will end up worse. It probably happens more often than you think but you only hear about it if they get caught so there's no way of telling how successful it is
A contract protects both sides and keeps everybody honest or at least holds them responsible. And that includes family and friends. Stuff happens, even with the best of people.
Just a quick thought. I notice in another video you said the person taking an item off the shelf is making an offer to the store when they pay for that item, then if they switch the price labels, how are they breaking the law? Couldn’t it be argued that the consumer is making an offer an if the shop accepts it (albeit at the wrong price) then why isn’t that acceptable?
Technically even with a warrant they cannot come in. The BBC makes it a policy no force may be used to enter a property. They however often use, unlawfully I might add, the police to enter the property even though civil warrants and proceedings are a matter of private law where government bodies like the police have no statutory authority to enforce such a warrant. Only agents of the opposition and agents of the court may execute such warrants.
You can write them yourself, but whether you have to or should are 2 separate things. It depends on what it is for and you can usually find some examples of contracts and terms and conditions by a google search. Whether you think it is a good investment to pay a few hundred £ to get a solicitor to draw it up is up to you really. But in terms of enforcement, both contract would be equally as valid under law so long as they satisfy the condition of offer, acceptance, intention to create a legal relationship, and (except in Scotland) consideration (usually, but not always this means money).
Not legal advice, always contact a solicitor for your specific situation but provided its a contract generally and does not concern land all your contract needs, and it can be in parol (verbal) but ideally should be committed to writing is an offer (the offeree is offered something by the offeror, acceptance, the offeree accepts the offer and terms of the offeror, on terms which are fixed and certain, with consideration (something in exchange) it need not be in any particular medium and there are no formalities, this is slightly different if it regards land. Technically every time you go to a shop or get in a bus you have a contract, written contracts are more of an evidential thing than anything else, but once committed to writing it cannot be altered by parol with very limited exceptions.
Dan, your videos are brilliant and should assist many people across the country if they watch, listen and understand. Love your shows, and please keep them going.
This is one of the most informative 13 minutes I have ever spent - thanks for your concise videos
Thank you 😊 🙏
@@BlackBeltBarrister For a search warrant to be issued, sufficient evidence for the warrant has to be put forward.
TV goons are employees of a private company that is not part of the legal system and has as much right to get a search warrant or enter a property as any member of the public.
If what you are saying is true that would mean
1) I could get a search warrant for a neighbors house because I have reason to believe they have hacked my wifi password or stolen Fido my dog and I could personally carry out the search.
2) A TV goon would have had to have potentially broken laws ie trespass, voyeurism or filming on private property without consent to gain evidence in order to get a search warrant, which would make that evidence inadmissible and the Goon liable.
@@williamwilliams8145 you made some good points. I wonder if you can stop them filming on your property.
Excellent advice Dan, i made the mistake of helping a work colleague with a loan
but only a verbal agreement regarding paying it back, he never paid a penny back.
An expensive hard learned mistake.
Hopefully it wasn't too much. Depending on the amount think of it as salary lost and you'll earn it back. What I have learned is if they have to ask you for it in the first place, they won't pay you back, even if their times get better.
@@rs-qt1qg It was more than a months wage at the time.
As a friend told me, a fool and his money are easy parted.
Despite plenty of reminders, he didn't seem to care about making
any offers of repayment.
I vowed never to lend money to anyone again.
@@Barbarapape I know how you feel. A so-called friend of mine who's an alcoholic scammed me over the space of a few years it was always lend me £20 i'll pay you back just to feed his habit. Final straw was he said he would pay me back a few days ago but didn't. So I said goodbye to that "friend"
@@rs-qt1qg The worst part for me is that i still have to work with this person, he is constanty gloating about buying the latest mobile phone etc, but has no intention of ever paying me back.
Some day his karma will hopefull catch up with him.
@@Barbarapape I know how you feel as I had the same when I lent my brother a large amount and after an arguement he decided not to pay it back. I learnt a lesson, but would still lend money to those that need help, but now I accept it may not be paid back and always a relief when it is. Hope you get some good karma as you obviously deserve it.
It is perfectly fine to let a TV license person into your home ...the secret is not to let them out.
GET RID OF THE TELLY LIKE I DID,SO YOU WILL NEVER EVER NEED A LICENCE ANY WAY.I 😄😄😄❤👍🇬🇧
@@lloydwalden3541 AND GIVE UP THE FREE LABOR!?!?....SOD OFF!!!
Then you have transgressed hibeius corpus! Don't do it big trouble
@@terenceherming1838 Only a few of them have turned into corpuses ...a few of them did say "heybs" but they are in a better place now.
@@lloydwalden3541 They may send 'threatening' letters and may decide not to believe you when you send in the official "I don't need a licence because I don't use a telly" form.
Perhaps it's changed now, but years ago I had a 4-year battle to get rid of the licence goons. (I genuinely only watched DVDs, and /free/ computer video).
imho, as a man of 70 who worked from 16 to 66 stayed married and raised a son and daughter to adulthood i reckon by far the Biggest mistake people make is getting into 'unecessary' Debt....sorry people, but the truth is Debt Enslaves You to those you owe that Debt to...(which is what they want)...for your own sakes avoid it as much as you possibly can.
After I was honest enough to disclose that I had been a passenger in a car crash when I encountered the relevant question in my own car insurance renewal, my premium went up significantly. When I questioned this, I was told that, statistically speaking, I was more likely to be involved in another crash. One needs to be aware that honesty can be used maliciously by third parties.
Talking of contracts. A few years ago I worked for a well known energy and engineering company. With in the first month I was sent up to a project that they were principle contractor in the east of England that was way way behind schedule and a client who was within their rights to be angry at the debacle they had caused.
The project manager (who had also been parachuted in) and I arranged face to face meetings with the sub contractors. We found out very quickly that there was no written contracts and agreements had been verbal.
It shocked me a company of that size would operate in such a manner.
Great advice BBB. I'm sure Vicky Pryce and Chris Huhne MP never thought they would be jailed for Eight Months for Perverting the course of justice when she took Speeding Points for him. Hard lesson to learn. Keep up the good work. Mike 👍🍻
Thanks I was racking my brain for those names.
How do points get alotted or take by someone other than the driver? In he US, tickets go to the driver so there's no way to get around that with any tickets for moving violations. I'm so curious now about what makes it so different in the UK!
Thank you so much , police and others always try to do this type of things , thank god not that I have the anybody like this but been done of money like most
Good advice Dan. It could cost you a lot more financially and maybe your freedom by not being straight up with everything. Also friends who ask to take points on your licence or borrow money are usually not that good a friend.
BBB missed a very common one out, which is, giving a debit card and pin number to a family member/friend. A giant no no that I often hear about.
Absolutely!
It’s like having a really smart friend!
Thank you so much for sharing your brilliant mind 😊
I wish this gentleman had been giving out this valuable information thirty years ago…..
One unhappy truth about having a formal contract drawn up, for building work especially, is the time factor. Using a law fir m to do this is the sensible route, but there’s no guarantee this will happen in the time frame you desire: weather conditions, the time of year snd not least, the number of jobs the contractor has “ lined up” in addition to yours. In a well populated area/region you might just find a law firm prepared to draw up a contract at relatively short notice, but the builder is not going to wait forever. In a low density population such as that in which I live jobbing builders are “thick on the ground” and predominantly work from home. Established firms have work loads stretching as much as 12 months ahead and tend to be very expensive, but even they rely on their reputation than a formal contract. You may be relying on an extension to your mortgage to pay for the work but that too can often come with time constraints. In practice, where we live most people rely on the honesty and recommendations from others and do without the formal contract just to be sure to get the job done at an affordable price and within the time frame that best suits you.
Great advice delivered in a way we can all understand !
Another tip - when you buy your house, do the conveyancing yourself and don’t bother to register it with the Land Registry. It’s then held in a blind trust for you by the previous owners, and the courts can make no claim against it! Play the legal system, people - it’s rigged against you, so you’ve nothing to lose!
Unless you’re buying with cash your mortgage company won’t be too happy with this. The mortgage could be withdrawn.
@@DMC888 always buy with cash...
I think in reality it's easier than you say to have a judgement set aside. I've mentioned before our case against Northamptonshire Healthcare Foundation Trust that we won this year. There were many facets to it, so we submitted a separate claim for each. The first seven were ignored, NHFT got seven default judgements and it was only when we sent the baliffs in that they realised what was going on! Their barrister was Jennifer Thelen of 39 Essex Chambers and all she had to say was that they considered they had a reasonable defence for one case and all seven were struck out! Of course they went on to lose two of these cases, but what amazed me was that the court quite happily accepted their excuse that at least 14 court letters were not sent, despite us receiving every one and the summons being in the name of the NHFT chief executive with the Trust's address. I am still convinced that someone at NHFT has a desk full of letters they have not passed on!
As the old saying goes, "a verbal agreement ( or a handshake) is only as good as the paper it's written on".
Lol, depends on who that agreement was with 😉
I followed your advice and filed a complaint for a default of the Company Rgulations 2008 when a company sent me a total of 11 emails with 5 defaults each. £200 per default. Its £11295 + Costs now they have until Tuesday before I will file it in the courts on Wednesday. Merry Christmas :)
Dan, great video. Can I ask you, you mention that someone can enter your property with a warrant. Yet on TH-cam you see examples of where the home owner is arguing that the warrant isn’t signed. Can you tell me, how do we know the search warrant is genuine? What do we look for?
Dont worry if your a politician you can do what you want,take speeding fines for your other half,threaten to throw acid in someone's face and a host if other things,the same rules don't apply to you when it comes to punishment.
I got caught out once years ago by who I thought was a good friend and was also a work mate , I owned a very nice motorcycle brand new only 6 months old , but was on finance , I lost my job and could not afford repayments , he agreed to take my bike and continue paying until he payed it off , all good up to about 6 months later I received mail from the Finance company asking why I had not been making payments, they then adding extra charges etc , turns out my " good friend " had not even made one payment since he got my bike , he dodged me at every turn at getting the bike back , in the end as I had nothing in writing to do things legally I did end up hiring a couple of heavies to sort things out , they got my bike back and the missing payments , I never did ask how they manged :-)
Glad to see it had a happy ending
Did they throw him off a boat with concrete boots?
@@bobbyrayofthefamilysmith24 ??? why would a boat be wearing concrete boots?
@@cnault3244 Go take an English class you clearly don't understand the language.
Don't have to talk to them UNLESS they have a warrant? A search warrant is not an interrogation warrant surely.
Sound advice Dan - Bottom line be very cautious with anything that involves money or the law - make sure you have a way back if things go wrong - loving your videos !
The small charge to the Purcell scammer - is how they get your bank details and can become a route to clearing your account.
Great advice and excellent show. Your parents must be so proud of you ♥️
Thank you 😊 🙏
🤣parents☑️
Many thanks for the very good advice. Sadly, I did make one of the mistakes you have mentioned. At least I have learned from the experience.
I'd never thought of returns fraud. This channel has some great tips.
😁👍
The dishonestly of some people is truly amazing. What about those who order clothes they have no intention of buying, wear them then return them. I find thsi utterly abhorrent.
Great advice especially the second one, money makes people do horrible things always protect yourselves :)
At work we do loads of due diligence before we buy anything but at home my folks do none. I work weekends in a supermarket. We get loads of short purchase returns people get really nasty when you say the imei number on the device and the box don’t match or the serial number of the item and the box don’t match. I had one a few weeks back and it said the item was made 4 years ago, but box and the receipt said a week ago.
Regarding recalling money. I’ve known a few people have issues where they have ordered something for delivery, had a notification from the seller of delivery but the items have not arrived. They lodge a complaint with the seller for refund or replacement of the missing goods. The seller refuses on grounds that they have had notification from the delivery company of delivery, with photograph. When they eventually got ahold of the photograph it has clearly shown a different location. When they tried to recall the money they were told that as there was proof of delivery they could not and would have to try to retrieve the goods, not always feasible when all you have to go on is a photo of a letterbox.
Superb advice. I really appreciate this video and all your hard work. Thank you
Thank you 😊 🙏
And I appreciate your time to write the comment
This is great, everyone should watch this!
Thank you 😊 🙏
If enough people followed the TV license advice we might be able to put an end to this legalised robbery.
People who want to see an end to TV licence they should pull the plug on watching live TV. TV license advice is pay up or shut up. If you don't like it don't watch it.
@@Kirkee7 You know the UK is the only Country in the world that had that garbage right your signed your way off as slaves.
@@natstar7864 Not sure what you mean by this. I don't watch BBC garbage or any other live TV garbage. If people think they are being ripped of by TV licence fee , they don't have to watch it . Nobody is forcing anyone in this country to watch live TV. The only slaves here are the TV watchers and that makes up at a guess, 98.8 of the population in the UK. Right ?
@@RavenBlack74 I agree , but really that is not the point . If the BBC folded there would be no licence fee to pay. However , the next thing people would complain about is the never ending deluge of advertisements, which is another reason I dumped watching live TV.
Thank you for your advice Dan.
Some superb advice for surviving the modern world mate. Excellent video.
Excellent tips. More like this please MrBBB.
Thanks.
Thank you.
This is fantastic.
👍😁
Best information video ever well done BlackBeltBarrister love your channel.
At work we had someone "return" a machine which was a counterfeit of one of our products. They must have thought we as the manufacture would not notice. How do people expect to get away with it?
What happened in the end, did they get a criminal conveiction?
Hi Dan, what is the bare minimum for an acceptable contract? A sound recording of you and them setting out the terms and agreeing? A video recording? Written on paper with their signature? How do you verify that the signature is theirs when they say it isn't?
Your agreement is the contract, a written document is evidence of what the contract terms were. Both a sound recording and a written contract would serve the same purpose.
With the signature, once again it is an evidential concern. Their signature can be cross-referenced against their signature on other documents. Nothing is ever iron-cast though, I suppose a good liar can get away with anything.
I would suggest that, in addition to a written contract, you can take a picture of it and send it to the other person by text or email at the time of agreement. That way, you both have a copy which is electronically time-stamped and acknowledged by you both as being binding.
@@KieranWoonton Very sound advice!!!!
In the United States a contract requires that both parties be present and watch each other sign it. And in some cases it requires the signature of witnesses and the stamp and signature of a notary public.
@@oldtimefarmboy617
I would add (U.K. law) that the witness is only to attest that the witnessed signature was done freely and not under duress. From my real experience of being a witness in a court case.
@@oldtimefarmboy617 That's simply untrue. Contracts do not require both parties being present. I'm not sure where you got that information but I've dealt with literally thousands of contracts during my 24 year legal career, and I've never seen one stricken or rendered invalid because the parties signed it at different times. That's simply not a rule. There could be certain contracts that require simultaneous signatures, but that would be on a document by document basis, and is not a set in stone rule in contracts law in the United States. Many contracts are e-signed now, which is totally valid, and the parties do not need to be in the same room together at any point. Also, the parties watching each other sign is not a rule and has never been, as far as I know. Sometimes contracts require witnesses, but the parties can't attest to the other party signing a document, so that would never be required. Occasionally businesses have certain ways they do things, but that doesn't amount to contract laws or requirements.
Excellent advice ; thank you.
You are a good man ; may The Gods bless You. X
With TV licencing, what should I look for to ensure that a search warrant is authentic? 🤔
Hi Dan a had a signed for letter come through my letter box but during the pandemic the postman signed it, the envelope was EMPTY the track and trace Number showed it was posted 200 miles a way at a sub post office .
I have also in the past where some one applied for credit a letter came through my letter box with my adresse on it but wrong name I opened it up to discover what was going on and phone the credit company to tell them.
I remember a few years ago the police turning up at our door and saying they had inspectors authority so they didn't need a warrant.
Has this changed or is it still possible for the police to gain entry using that (slightly different ot TV livinding officer, but good to know anyway) ?
How do I go about changing from joint tenants to tenants in common on property deeds so that I can control who inherits my half of a property?
See a solicitor
I would strongly suggest writing it on a hanky and signing it with blood. That will do it.
@@binarysignals9593 Seems about as resonable as asking for legal advice on youtube.
You can have proof of condition by filming yourself packaging it as your handing it over for delivery showing delivery parcel address on the video same opening it on receipt.
Great advice. Thanks. 👍
Wise words at around 7:00. A cousin's stepson and his friend were both handed a prison sentence for this very thing last year. Don't do it.
Ten out of ten Thanks
excellent advice as always
Company in a lot of debt: you can often look up the credit & CCJ situation for a company but, and despite being really useful information for consumers there is an associated access even though it arguably should be public information.
Regarding #2, I have always been told that if you send someone a detailed description of what is agreed and they don’t challenge that within a reasonable time then that is a binding contract. For example you agree with a builder that they will build a conservatory in your house during a certain period for a certain amount so you email them “To confirm, you have agreed to build a conservatory at house at [address] as per attached measurements and designs. Works will start no later than [date] and finish no later than [date], once started works will be continuous and in event of any breaks you will ensure that temporary measures are in place to ensure the security of my property and that no damage will occur. Total cost is estimated at [sum] and you will not allow costs to exceed [sum] without my permission. Initial payment shall be [sum] not more than 7 days before you commence work and [sum] when initial grounds works are complete, final payment of all outstanding monies will be made within 1 week of the work being completed to my satisfaction.” If they don’t object before the initial payment is made then they can be deemed to have agreed. A lot of IT supply contracts where I work are actioned on a similar basis.
You mention penalties in a contract, are penalties enforceable in contracts under uk law, I’m sure a lawyer once told me they are not?
If you lend someone money without a contract, can you take them to court such that they would have to lie under oath about the verbal terms?
It is one thing to dodge payment it's another to lie to officialdom.
Great video . Very good advice..
Thanks for this Dan, most useful.
Edit - spelling.
Dan, Does the tv licence warrant to enter have to have a judge / magistrate signature on dated for that day!?
No, often electronically signed
@@BlackBeltBarrister surely they need proof of a offence before they can get a warrant
@@BlackBeltBarrister is that a visual signature…on the document with a date then?
Please can you advise on opening letters that are addressed to your address (correct address) but are not in your name or anyone in the household, i.e debt collector or bills, letters coming to your house, but with a random name are you allowed to open it and can you ring them to say this person does not exist at the property?
Mm... Excellent advice - thanks!
With respect to civil fraud and ending up on the CIFAS database, many of the resultant constraints seem like a perfect way to push a fraudster toward further crime. I'm not for one minute suggesting the law should go lightly in terms of punishment, but surely it would be better that they have a monitored and controlled bank account rather than no bank account at all?
Daniel : this seems to be a point of contention .
While I have no issues with TV licencing , many of the TH-cam videos seem to focus on the correct formatting of a warrant to enter and search a property .
Could you please make a video , explaining in detail how a lay person could read , inspect and authenticate a warrant ?
Does the lay person have the right to ask for the warrant to be presented to their lawyer before granting access ?
What recourse does a householder have before allowing agents onto their property?
There’s often talk of a signature (sometimes termed a wet signature) from a judge on a warrant too. Would be good to understand how that works...
Quite informative for the lay folk, Dan ) I would, however, elaborate further on the “fundamental dishonesty” pleading in civil cases, since one has to be very careful to avoid such a finding in the civil courts, given that a finding like this has both adverse civil costs ramifications (costs on indemnity basis, meaning that the loser pays whatever the winner claims) AND criminal implications (many Circuit Judges and HC Judges have been known to pass the case files to CPS /DPP for a criminal investigation). Never even think of messing with insurers.
Absolutely 💯
Good as gold ... as ever !
This is solid advice.
Great video, sound advice. Thanks.
Simple question for you Dan; what constitutes a dangerous letterbox? In support of my Son's new business business venture, I have been delivering sales leaflets to houses in the immediate vicinity. I appreciate that I am on "their land" uninvited and I am supplying them with what some might see as "junk mail". However, I have been appalled at the lack of safety concerning the behaviour of some letterboxes. The problem is significantly worse with uVPC doors and porches. Sometimes I find the inner secondary flap is controlled by a strong spring that results in a "bite" that a crocodile would be proud of. Equally, the installation of the letterbox has resulted in jagged sharp features in it's interior that impacts that skin on the hand. I am not particularly concerned about myself as my association with this activity is limited. But, there are people that deliver leaflets for a living and (of course) there are the Post Office workers themselves. Observations?
My friend has just been falsely accused of spiking his girlfriends drink. He is 100% innocent. How can he clear his name and have the arrest wiped from record? Thanks.
The prosecution must prove that he did, rather than he prove that he didn’t
Thanks for your reply.
I very much doubt it will even go to court...but I'm concerned that the arrest for the alleged offence will stay on record.....or will it automatically be removed from record if the case comes to nothing?
TV License Agents. My understanding, having listened to this explanation is, if the Agent is in possession of a Warrant, they can enter your home and you have to answer their questions. Does your right to remain silent not apply in this instance? Thank you.
I would imagine you always have the right to remain silent. It is up to the Capita salesman (oops “TV LICENCE INSPECTORS”) to prove you are breaking the law.
It’s not up to you to admit it.
You do not have to say anything but it may harm your defence if you do not mention, when questioned, something you later rely on in court, anything you do say may be given in evidence. You should be cautioned before questioning takes place and have the right to seek legal advice.
Yes you have a “duty to assist”!
I have a question for you to explain to us all, and a video from you would be greatly apreciated, can you please explain and define what in the legal terms, a PERSON is as the legal acts and statutes keep referring to a PERSON / the PERSON .
Great straightforward advice 👍
Many thanks - very useful advice. Any chance of a follow up video ? .... "10 Huge Mistakes to Avoid When Interacting With the Police ?"
Maybe things like .... (*) If I'm stopped (not in a car), do I have to give my details ? ("Stop and Account") (*) If I'm stopped in a car,
do I need to provide details ? (*) If I'm searched, do I have to give details ? (*) If I'm invited for a voluntary interview at a police
station, and I decide not to go, can I be arrested ? etc etc Thanks again ... and keep up the great work !
Fantastic idea
@@BlackBeltBarrister I'm sure this will be very popular, and help boost your channel ... 100k subs a bit quicker, hopefully.
I know you have a number of Police auditors in your fan club, along with Mr Belfield. They'd love it, and share it with their
subscribers. I reckon this could also be turned into an e-book, and added to your "Merch Store" ... if you do this, I'm placing my order right now. And the idea of "10 Huge Mistakes to Avoid ..." could be a brand. I'm sure you know that all "Dummies"
books have a section at the end of every book : "The Rule of 10". Best of luck ... and I look forward to help market this
really important work.
@@stephenhunt8389 Thank you !
I was wondering if you could give me any advice please with regards to government vxx mandates? I am a nurse & lost my job in September due to not taking the jab. My partner is facing the same predicament 3rd Feb, he has 30yrs service in the NHS
Would they not be able to get iplayer evidence from your ISP?
Have a right to inspect the warrant? I have seen countless videos where they don't want you to see the warrant sort of let you see it without touching it for like a second....
No.9 - Reviews. Dodgy companies get their pals to provide good reviews. Always check multiple sites and look at the bad reviews
I was told by a local lawyer that, "the council can bill you for what ever they want, for however much they want, when ever they want, that's the law and you have to pay it." Is this true or do I need to speak to a better lawyer. Oh this is in reference to the council over charging me for council tax, a couple of thousand pounds in fact. And if they can do this why is this not fraud or theft, the summary warrant is granted with no evidence at all.
No that is completly wrong.
The Valuation Office set a properties council tax band not the council.
Any other discount or exemption for example Single Person Discount require an application to the council usually with supporting evidence.
Any dispute about liability for council tax, banding or eligibility for a reduction is dealt with initialy via the Valuation Tribunal which is an independent body.
Case law says that Council Tax is due and payable as it falls due not withstanding any ongoing application for relief, ie you pay and if you win you get your money back.
Magistrates Courts do not issue a "Summery Warrent" they issue Liability Orders these enable a council to take further enforcement action if required.
The Liability Order must be served (By post) on the bill payer before any further enforcement action is commenced.
The Bench will require proof that the council tax has been set correctly ie a copy of the resolution, proof of postage for the a Reminders and Summonses, a cerificte to state the computer evidence provided is correct as at that date and that the officer taking the court is authorised by the council to do so. If any of this evidence is not available then they can refuse the application.
However, they cannot look at any dispute that is within the remit of the Valuation Tribunal (s16) or affordability.
Any complaint about the actual administration of the account goes ultimately to the Local Government Ombudsman.
That is what the legislation and case law says should happen but sometimes councils get it wrong and that is why the VT and LGO exist.
Sounds like you would be better of with the CAB.
I had a dispute once over an alleged debt of £80 on a previous address… I had bank statements proving I hadn’t missed a payment … they dismissed it and said if I didn’t pay I’d incur court costs … begrudgingly I paid it … two days later I received another letter saying I still owed £60… I was fuming … they got a gob full and told where to shove it …. Never heard a word since .
@@diegestive4167 you may not have missed a payment, the bill you received was the balance outstanding on the day you left the property.
The way the instalments are structured means you may have had something to pay when you left.
But think about it if you received a bill two days after you paid the outstanding balance that bill was probably issued before you made the final payment and was already in the post hence no further action.
@@PA1606X I’d physically paid the remainder in their offices before hand …. This bill came over 2 years later addressed and billed to my present address… I had the bank records to show nothing was owed at this address…. Then they sent a revised bill stating it was from the last address where as I said I had gone into the office and was told what I owed and cleared it. I went through the bills and payments with them and asked where do they see I owe it …. I paid it for a quiet life ….
@@diegestive4167 As I said before unfortunatly some times they cock up, sounds like that happened in your case especially given that CTAX cannot be carried forward between accounts.
But as I said it is possible to up to date on instalments and still have a balance outstanding when the account is closed, although, it should only happen if you move early in the year say April/May possibly June or of course they buggered up closing the account and got the dates wrong that would mess up both the old and new accounts when it was corrected.
These days I'd say keep the bill, take names and double check everything.
What is live TV? Live to me means like the live broadcast of band aid concert or the royal wedding
There are so many videos on youtube about this.
Just look it up.
@@rusticpartyeditz I'm asking a lawyer to get a legal answer
@@Mids1970 Bangs my head off a brick wall
@@rusticpartyeditz lots of bad advice on TH-cam too, it's not often you get free legal advice like from this chap
@@disarmsox Very true. It just annoys me that people ask for advice in the comments when this chap has answered the question in another video.
Don't they require evidence, that would validate a search in the first place. Suspicion is not evidence, last time I checked.
Does the warrant need a wet signature on it?
Not for the last 21 years
Excellent top tips as always Daniel. Thanks for sharing them.
How much will cost hire a lawyer to write a contract or how to know which lawyer is specifically does that....?
Taking the wrap for someone could be beneficial. For example, your driver (could be your mum) could have 6 penalty points and is facing another 6. If you don't have a car you might as well take the wrap otherwise your driver will be disqualified and both of you will end up worse. It probably happens more often than you think but you only hear about it if they get caught so there's no way of telling how successful it is
Taking the ‘rap.’
They make stuff up there is a vid of police officer ( might be pcso ) and said some had seen him watching tv
A contract, not a verbal agreement… does an email or written instruction count?
The big Boy gets away with it such as solicitors and politicians and bankers
Never deal with a company with a name such as;- F. B. Knight & Co.
Wow!
A contract protects both sides and keeps everybody honest or at least holds them responsible. And that includes family and friends. Stuff happens, even with the best of people.
They can probably get viewing data from your ISP too.
No, they cannot…
The data protection act probably prevents ISPs from disclosing that information.
If you use VPN they've got nothing by going down that route
Talk to us about Katie price , how’s she spending money as a bankrupt and stayed out of prison for her drug/drunk driving
Just a quick thought. I notice in another video you said the person taking an item off the shelf is making an offer to the store when they pay for that item, then if they switch the price labels, how are they breaking the law?
Couldn’t it be argued that the consumer is making an offer an if the shop accepts it (albeit at the wrong price) then why isn’t that acceptable?
Technically even with a warrant they cannot come in. The BBC makes it a policy no force may be used to enter a property. They however often use, unlawfully I might add, the police to enter the property even though civil warrants and proceedings are a matter of private law where government bodies like the police have no statutory authority to enforce such a warrant. Only agents of the opposition and agents of the court may execute such warrants.
QUESTION can I write a contract out myself and have witness to it. Or do I have to use a solicitor to write it. Talking basic contract
You can write them yourself, but whether you have to or should are 2 separate things. It depends on what it is for and you can usually find some examples of contracts and terms and conditions by a google search. Whether you think it is a good investment to pay a few hundred £ to get a solicitor to draw it up is up to you really. But in terms of enforcement, both contract would be equally as valid under law so long as they satisfy the condition of offer, acceptance, intention to create a legal relationship, and (except in Scotland) consideration (usually, but not always this means money).
Not legal advice, always contact a solicitor for your specific situation but provided its a contract generally and does not concern land all your contract needs, and it can be in parol (verbal) but ideally should be committed to writing is an offer (the offeree is offered something by the offeror, acceptance, the offeree accepts the offer and terms of the offeror, on terms which are fixed and certain, with consideration (something in exchange) it need not be in any particular medium and there are no formalities, this is slightly different if it regards land.
Technically every time you go to a shop or get in a bus you have a contract, written contracts are more of an evidential thing than anything else, but once committed to writing it cannot be altered by parol with very limited exceptions.
No one has ever been done by tvl wen they jus ignored all visits ignore them simples
Is a video or audio of an agreement valid
Good advice 👍💯
Thank you 😊 🙏
Whoops.. bad choice of video clip for #4… looks like you in the dock. 😯
Lol, hadn’t noticed!
I don’t think you need a contract with a builder; a detailed quote is usually sufficient.