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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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Use of Police by Bailiffs/HCEO Companies


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I believe that use of the police by enforcement agents should be closely regulated. The Police are being used as a tool to intimidate debtors into paying rather than to prevent a "Breach of the Peace". I think they are being called routinely even when there hasn't been a prior heated "discussion" and the debtor has no previous history. The Police are being used to generate profits for these corrupt companies.

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I believe that use of the police by enforcement agents should be closely regulated. The Police are being used as a tool to intimidate debtors into paying rather than to prevent a "Breach of the Peace". I think they are being called routinely even when there hasn't been a prior heated "discussion" and the debtor has no previous history. The Police are being used to generate profits for these corrupt companies.

 

The problem that needs to be addressed is that the police are unaware, or inadequately trained of the law in this area, and are under the mistaken impression that they are mainly on the same side as the bailiff, so side with him, even in the face of the bailiffs often blatant misuse of his powers, for which HE should actually be the one arrested.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The problem is that police officers receive little or no training in how to deal with bailiffs, even though national guidelines are in existence. Another problem is that ACPO regard bailiff matter as "civil matters". Whether this has got something to do with their relationship with the trade associations bailiff and HCEO companies belong to needs to be investigated. The News International scandal has highlighted the dangers of inappropriate relationships between the police and commercial interests.

 

Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate. Any claims by bailiffs that police officers are required to help them gain entry to a debtor's home should be dealt with as a potential attempt to incite disaffection and be dealt with as such. Where a bailiff has made threats, either by letter, or by telephone or in person, these should be dealt with under relevant legislation, i.e. Malicious Communications Act 1988, Public Order Act 1986, Communications Act 2003. Although, under normal circumstances, arrest is the very last resort, in cases such as these, it should be a case of one and only warning before arrest. Where a debtor is classed as vulnerable, this should be regarded as aggravating factors in deciding whether or not to arrest a bailiff after giving them a warning or arresting them without a warning.

 

The police have been mislead by the civil enforcement iindustry and there will be a payback or, more accurately, a backlash and when it comes, bailiff and HCEO companies will not be prepared for it. I can see police officers coming down hard on bailiffs and HCEOs who cross the line.

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The problem is that police officers receive little or no training in how to deal with bailiffs, even though national guidelines are in existence. Another problem is that ACPO regard bailiff matter as "civil matters". Whether this has got something to do with their relationship with the trade associations bailiff and HCEO companies belong to needs to be investigated. The News International scandal has highlighted the dangers of inappropriate relationships between the police and commercial interests.

 

Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate. Any claims by bailiffs that police officers are required to help them gain entry to a debtor's home should be dealt with as a potential attempt to incite disaffection and be dealt with as such. Where a bailiff has made threats, either by letter, or by telephone or in person, these should be dealt with under relevant legislation, i.e. Malicious Communications Act 1988, Public Order Act 1986, Communications Act 2003. Although, under normal circumstances, arrest is the very last resort, in cases such as these, it should be a case of one and only warning before arrest. Where a debtor is classed as vulnerable, this should be regarded as aggravating factors in deciding whether or not to arrest a bailiff after giving them a warning or arresting them without a warning.

 

The police have been mislead by the civil enforcement iindustry and there will be a payback or, more accurately, a backlash and when it comes, bailiff and HCEO companies will not be prepared for it. I can see police officers coming down hard on bailiffs and HCEOs who cross the line.

 

ACPO should itself be investigated, as it is a for profit company, as most police forces now are as they are all registered as corporations on Dunn & Bradstreet, Far from being a union for Chief police officers as it is portrayed, it has a malign and corrosive influence to the detriment of police impartiality. and helps to politicise the police to the detriment of the public.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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.........Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate.........

 

+1

 

As I've said before, HCEO's are sending allsorts to enforce, the registered HCEO should be present in person. It's very wrong that HCEO companies are sending "security" industry people to enforce, There are a fair number with criminal connections and the debtor may find himself being extorted or burgled shortly after being visited.

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ACPO should itself be investigated, as it is a for profit company, as most police forces now are as they are all registered as corporations on Dunn & Bradstreet, Far from being a union for Chief police officers as it is portrayed, it has a malign and corrosive influence to the detriment of police impartiality. and helps to politicise the police to the detriment of the public.

 

I totally agree with you. In the light of the News International scandal, I can see ACPO's relationships with the trade associations in the civil enforcement and private security industries putting put under the microscope. You are absolutely right about the corrosive influence on police impartiality - ACPO are the ones promoting the "It's a civil matter" line with regard to bailiff misconduct. You are also right about the politicisation of the police -that's why officers are leaving in droves. Morale is at rock-bottom.

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I totally agree with you. In the light of the News International scandal, I can see ACPO's relationships with the trade associations in the civil enforcement and private security industries putting put under the microscope. You are absolutely right about the corrosive influence on police impartiality - ACPO are the ones promoting the "It's a civil matter" line with regard to bailiff misconduct. You are also right about the politicisation of the police -that's why officers are leaving in droves. Morale is at rock-bottom.

That is a great pity, as a lot of the common sense , and inherent fairness that was typical of the police of old, where a quiet word, and a ticking off did more good than a prosecution, has been lost to a new cadre of apparatchiks who chase targets to the detriment of the public they purport to serve.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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There is a provision in the Courts Act 2003 directing the Police to assist HCEO's, well I didn't know that.

 

http://www.legislation.gov.uk/ukpga/2003/39/schedule/7/paragraph/5#schedule-7-paragraph-4-4

 

This reinforces my comments about the High Court being the Queen's Court and The Police being sworn to the Crown.

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Only for fairly specific purposes according to paragraph 3, by the looks of it.

"Modern 'currency' is known as 'fiat money': it is artificially created, has no value in itself and the basis for use in exchange is typically a government edict." Paul Morran, Information Rights Unit of Her Majesty's Treasury.

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Zaniwhoop - I am looking into what assistance the police are actually allowed to provide to HCEOs. Once I have established exactly what assistance the police are required to provide, I will post it up.

 

Deadwood - I will look into what you have posted about the situation of HCEOs using what appears to be crims and post up my findings.

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