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    • dont go near them bunch of scammers! ive removed ref. dx  
    • I used to post regularly in order to provide factual information (rather than advice) but got fed up with banging my head against a brick wall in so many cases when posters insisted black was white and I was writing rubbish. I have never posted anything which was untrue or indeed biased in any way.  I have never given 'advice' but have sought to correct erroneous statements which were unhelpful. The only username I have ever used is blf1uk. I have never gone under any other username and have no connection to 'bailiff advice'.  I am not a High Court Enforcement Officer but obtained my first 'bailiff' certificate in 1982. I'm not sure what records you have accessed but I was certainly not born in 1977 - at that time I was serving in the Armed Forces in Hereford, Germany (4th Division HQ) and my wife gave birth to our eldest.   Going back to the original point, the fact is that employees of an Approved Enforcement Agency contracted by the Ministry of Justice can and do execute warrants of arrest (with and without bail), warrants of detention and warrants of commitment. In many cases, the employee is also an enforcement agent [but not acting as one]. Here is a fact.  I recently submitted an FOI request to HMCTS and they advised me (for example) that in 2022/23 Jacobs (the AEA for Wales) was issued with 4,750 financial arrest warrants (without bail) and 473 'breach' warrants.  A breach warrant is a community penalty breach warrant (CPBW) whereby the defendant has breached the terms of either their release from prison or the terms of an order [such as community service].  While the defendant may pay the sum [fine] due to avoid arrest on a financial arrest warrant, a breach warrant always results in their transportation to either a police station [for holding] or directly to the magistrates' court to go before the bench as is the case on financial arrest warrants without bail when they don't pay.  Wales has the lowest number of arrest warrants issued of the seven regions with South East exceeding 50,000.  Overall, the figure for arrest warrants issued to the three AEAs exceeds 200,000.  Many of these were previously dealt with directly by HMCTS using their employed Civilian Enforcement Officers but they were subject to TUPE in 2019 and either left the service or transferred to the three AEAs. In England, a local authority may take committal proceedings against an individual who has not paid their council tax and the court will issue a committal summons.  If the person does not attend the committal hearing, the court will issue a warrant of arrest usually with bail but occasionally without bail (certainly without bail if when bailed on their own recognizance the defendant still fails to appear).   A warrant of arrest to bring the debtor before the court is issued under regulation 48(5) of The Council Tax (Administration and Enforcement) Regulations 1992 and can be executed by "any person to whom it is directed or by any constable....." (Reg 48(6).  These, although much [much] lower in number compared to HMCTS, are also dealt with by the enforcement agencies contracted by the local authorities. Feel free to do your own research using FOI enquiries!  
    • 3rd one seems the best option, let 'em default, don't pay a penny, nothing will happen, forget about all of this. As for Payplan don't touch them with a bargepole, nothing they can do that you can't, and they will pocket fees. A do it yourself DMP is pointless as it will just string out the statute barred date to infinity.
    • Because that’s what the email said. Anyway it’s done now. Posted and image emailed.    im doing some reading in preparation for defence but I will need my hand holding quite tightly by you good people.  I’m a little bit clueless
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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LBA from Optima Leagal Services*WON* DISCONTINUED BY CONSENT*****


Viano
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Thanks

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Well he has had excellent advise of here so nor do i.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Yes its a great result for ONE person . Unfortunately it would have been a better result for ALL, IF , it had gone to court . We would then have a Court RULING, setting a precedent that a illegible application form is not acceptable as an enforceable agreement . This is why BC withdrew, they knew it would cost them millions . As it did in the unfair charges cases ! Luckly I,m already on this bandwagon .

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Sorry stapeley, it would be nice, but County Court cases don't set precedents that can be quoted in other cases, only higher court decisions do that.

 

Many congrats. to all involved in this case though. It's a great reward for the determination of one & the knowledge & generousity of the other. Well done guys. :D:D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Yes its a great result for ONE person . Unfortunately it would have been a better result for ALL, IF , it had gone to court . We would then have a Court RULING, setting a precedent that a illegible application form is not acceptable as an enforceable agreement . This is why BC withdrew, they knew it would cost them millions . As it did in the unfair charges cases ! Luckly I,m already on this bandwagon .

 

(a) County Court does not have the authority to set precedents... and

(b) No precedent is required; the Law already states in black and white that Agreements must be legible.

 

By the way - had there BEEN a Judgement in Court, it could still have been referred to in other County Court cases; however it has no weight - i.e. a Judge will consider it as useful information, nothing more. A precedent set by the High Court is legally binding on lesser Courts and can only be overturned by a Court of Appeal or the House of Lords.

Edited by Movingon
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Okay , thanks for that . Hopefully it will give others in same situation courage to see the cases through to the end . As mentioned before I am in dispute with a DCA acting for Sainsbury Card. Although the application is set out a little differantly, it is a very poor copy of an application form from 2002 .

Edited by stapeley
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Hi all,

 

Sorry for the delay in expressing my thanks for all the help, backing and support, the delay is due to the vagaries of the atmosphere (not kidding) as I'm using a mobile 'dongle' to connect me to the internet and it is not as good as it could be.

 

Anyway, once again thanks everybody for all the help, backing and support.

 

PT knows how grateful I am for his time and knowledge.

 

If their is any help or backing I can give that I have learned from this experience please don't hesitate to give me a shout.

 

And I agree-a great result.

 

Viano

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HI V,

 

As i said on the dog and bone your very welcome, i am a wee bit disappointed that we never made it into the court room but i feel that this was the best outcome

 

Oh BTW, just to let you know, the emails all came through this morning in a large block

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Just wanted to say congratulations...Fascinating thread and well done for seeing it through...Hopefully it may help me if I ever get to this point...:D

 

Nice one!!!

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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I haven't read the complete thread, but well done and congratulations Viano and Paul (another case to your credit Paul - excuse the pun!) :D:D

 

ATM I'm paying small token payments to Barclaycard which they seem happy about for the time being, but I realise that they'll probably end this arrangement at some point, and then I'll have to follow in your footsteps!

 

I probably won't make CCA requests to them until they start playing nasty again.

 

Cheers

Rob

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Okay , thanks for that . Hopefully it will give others in same situation courage to see the cases through to the end . As mentioned before I am in dispute with a DCA acting for Sainsbury Card. Although the application is set out a little differently, it is a very poor copy of an application form from 2002 .

Received letter from DCA this morning , in response to third letter pointing out the application form copy they sent was illegible . I quote " as we are unable to assist you with your request. We have closed your account and will not be taking any further action ." This is despite two , FINAL LETTER BEFORE ACTION , and several , Phone us immediately to avoid court action . Are these parasites finally getting the message ?

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seems like it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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It seems at first inspection of the facts we have that that the "Senior Barrister at Law" they hired has given their solicitors a real roasting about what you can and what you can't get away with in a Court... and that the solicitors have returned to their client with their tail between their legs and advised their client APPROPRIATELY.

 

Interesting turn of events, this... we should ask the Mod team to link any threads which refer to Optima/Barclays/etc which are closed in this way here on this thread to get an idea of an actual trend... will someone who can safely enable their Private Messaging service please ask the question???

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