By ashprocess, 19-Jan-2012 14:16:00
This week, a process server I know very well, and who is a very likeable, professional and tenacious server, was significantly assaulted whilst serving paperwork. He was outnumbered, and set upon by a 'gang' of men, taken to the ground, and assaulted. The police arrived promptly, and due to the volatility of the situation, a police officer was also punched, resulting in the use of pepper spray on the attackers.
I am pleased to learn that no serious harm came to the process server, and that in his words 'his good looks remain intact'. It does however highlight the danger we can expose ourselves to in our daily dealings.
We all take our jobs very seriously, and never assume a situation will run smoothly, but we would urge our clients to make sure we are made aware of potentially volatile situations in advance, because we can then make the necessary arrangements to ensure our process servers are kept safe.
By ashprocess, 18-Jan-2012 15:30:00
A few weeks ago I had my annual Electricity Contract Renewal from my current provider. As usual, I had a shop around, and got what is in comparison to theirs, a fantastic deal! So I've switched, and notified the current provider accordingly.
Now today, a week after I have advised them of my termination, they have called me to say that they can offer me some great rates if I stay with them, better rates than the ones they quoted in my renewal documents.
My response ............. 'If you had those great rates available to me, why did you not offer them to me on my renewal? Why did you wait to see if I would just accept your 'not great rates', before you showed me what a 'great customer' I am, and offered me a better deal?'
Needless to say, I will not be renewing my contract with them! But it just goes to show, even if you do not want to switch your current provider, it's worth suggesting that you might, because the chances are they will offer you something better!
By ashprocess, 18-Jan-2012 14:42:00
It was reported this week that a process server working in New York 'broke the law' by failing to keep adequate records of the documents he had served in thousands of cases (indeed it would appear all of the cases he had ever worked on). It has given defense attorneys in Foreclosure matters a new angle to explore as they seek to buy time for their financially beleaguered clients to modify or refinance their mortgages.
The full story can be read at http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/NY_judge__Sloppy_service_has_legal_consequences/
It brought to mind an incident a couple of months ago, where a client of mine requested whether our agent had noted a specific vehicles registration number when serving some documents three months prior. I checked our Information Report, which did not show the information, and therefore telephoned the local process server to ask if he could check his notes just to make sure he hadn't written it down and just not provided it to us. The response I got was 'from three months ago? i don't keep records that far back'. The process server in question had worringly not got any notes about the serve, nor a copy of the documents, nor even a copy of his proof of service. If this matter ever needed his subsequent attention, he would have absolutely no physical record of what happened, other than what he can remember - and bear in mind some process servers serve multiple people every day!
This prompted me to make some further enquiries with people I assume to be well regarded within the industry, and found that a vast number of process serving firms do not keep any record of what I would consider to be 'basic information'. There is no record of attendances made, they are unable to produce either a copy of the documents served, or the proof that they did it, no physical description of the respondent, no record of any telephone numbers they may have obtained along the way............. so in a nutshell, if for some reason the client misplaced the information sent to them at the time of service, it is now lost forever! I am unsure that if the process server was ever called to Witness, 'I can't remember' would be a suitable answer to questioning.
So, for your peace of mind, I would like to confirm that ASH (UK) Process Servers Ltd hold scanned copies of the following records for every process serve we have conducted since the day we were established.....
1. A copy of the clients instructing letter
2. A copy of the documents we served
3. A copy of the Certificate, Statement, Sworn Affidavit, or other proof of service
4. A copy of the Information Report sent to the client (containing any useful telephone numbers, vehicle and respondent descriptions etc).
If you have ever misplaced anything we have provided to you, be rest assured that we will have a scanned copy of it which we can email you in an instant!
By ashprocess, 12-Jan-2012 13:12:00
You think of ASBO's, and if you are like me, what springs to mind is groups of youths causing havoc, criminal damage, and intimidating the elderly.
Well it would seem ASBO's are much more versatile than you may think.
This week, Margaret Reynolds, 69, and Danuta Rogowa, 75 have been given ASBO's preventing them from feeding the pigeons in Trowbridge! They are also banned from buying more than 3kg of bird food in one go, or buying more than 3 loaves of bread in one day.
It may seem ludicrous to do this, but apparently the pigeon problem is so severe in Trowbridge that it has been classed as a public health risk, and despite various Orders being made to stop these pensioners from feeding the birds, nothing has worked so far.
Fortunately for me, my own grandmother is far too busy knitting, so unless someone decides her clicking needles are causing too much disruption, I think she is safe!
You can read the full story at http://www.bbc.co.uk/news/uk-england-wiltshire-16488207.
By ashprocess, 05-Jan-2012 10:00:00
I read with interest an article I found in the Uxbridge Gazette, concerning an individual who has been given an ASBO preventing him from attending at any house without notice. The said individual has been going to people's houses and pretending that a relative has recently deceased, asking the householder to give him money for a trainfare to visit his grieving family. It transpires that he has been using the money to buy drugs, and has even been returning to houses who had been charitable towards him before, to request more money. My initial reaction would be that I would not be taken in by this man, but in reality, if he was on my doorstep, I probably would give him money too.... and it got me thinking about what else I give my hard earned money to, thinking I am giving to a good cause, which in reality probably isn't.
The full article can be read here - http://www.uxbridgegazette.co.uk/west-london-news/local-uxbridge-news/2012/01/03/drug-addict-given-asbo-113046-30052432/
This got me thinking about all the times I have given an apparent person in need either money or other supplies. There is a homeless guy who I see on a regular basis, and whilst I do not give him money, I regularly buy food and drinks for him and his dog, and stop to have a chat. However now I come to think about it, the last time I did this he told me I shouldn't have bought him a tea because he already had two from other people!!!!
I regularly put money into charity boxes being shaken in the street - but how much of this money actually goes to the charity? I appreciate that in a number of cases the people collecting are volunteers, but I should imagine that in other cases they are not. How many times have you thrown money into a bucket being shaken by some fancydressed people for Comic Relief - I am sure not all of these individuals actually give all the money to the cause!
I buy charity christmas cards and other items, but I never stop to look at how much of my money actually goes to the charity? If I did I fear the % which actually reaches the charity would be negligible.
When I was younger I worked in a large office which contained a telephone call centre. There was a guy who regularly stood outside selling the 'Big Issue'. I used to speak to him quite a lot and he always seemed like he was desperate to be 'given a break, and mentioned to me that he had worked in a call centre before'. When I heard about a call centre job being advertised at the firm I worked for, I spoke to the call centre manager and arranged an interview for the Big Issue seller. I told him that they were aware he didn't have any 'interview clothes', and that he had no fixed abode, but that he would be given a fair interview and not discriminated. I even offered to do his CV for him. And what happened.......... he didn't bother to turn up for the interview! I saw him a couple of days later, selling the Big Issue, and he told me he didn't think the job was right for him! .......... why did I bother!?
So, as this is January and the month for resolutions, ......... just make sure that when you do have the money available to be charitable, you ensure the money is going to the charity and not lining the pockets of of others seeking to profit from your generosity..................there are loads of fantastic charities out there, and also people who work selflessly to fundraise for them, and they definitely need your money more than the guy taking 50% of the bucket he is shaking in the street!
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