Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Default Removal Successes


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3404 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

As these tend to be dotted around the forum, it is often difficult to find this information. If users would like to post details of successful default removal's then please feel free to post below - with a link to the thread concerned.

 

 

 

 

 

 

Link to post
Share on other sites

Link to post
Share on other sites

  • 3 weeks later...

Hutchison 3G

 

Asked for removal apologised as it was a mistake offered the £226 owed, also offered £50 to there favorite charity as an apologie.

 

Default vanished a month later.

 

No payment made, reply letter, or nothing? CRA confirm its gone.

:!:
Link to post
Share on other sites

  • 4 weeks later...

Cap_One default taken off my record after a long fight..

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

Link to post
Share on other sites

Shop Direct Financial Services (Littlewoods Catalogue) default removed following their inability to provide any SAR data, no court/ ICO involvement required. See thread:

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/125106-littlewoods-shop-direct-financial.html

 

While I'm here; does anyone know how long the CAG small claims procedure books (by P Pearl) take to arrive when ordered through the website?

Link to post
Share on other sites

Successfully got HBOS to remove loan default as they failed to issue a Notice of Default:

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/113297-knox-blair-oliver-scott.html

 

Successfully got Vodafone to remove a default by sending they a grovelling letter:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/127885-knox-vodafone-default.html

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

Link to post
Share on other sites

Alliance & Leicester default Removal

 

Successfully had a default removed, £1000 compensation and the disputed balance refunded after I sent them a statuary demand. It took a month to get it sorted after it showed up on a mortgage application.

 

Mostly due to the knowledge gained from this website, thanks all.

Link to post
Share on other sites

  • 3 months later...

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

Coming Soon......

Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

Link to post
Share on other sites

  • 3 months later...

Hi, I'm new to this site (infact this is my first post) and i'm about to embark on what I imagine is going to be a long, hard battle for a removal of a default on my credit report. All the threads have been very helpful.

 

Has anybody had any success with GE Money... As I think they might be a tough cookie to crack :(

 

Any advice would be great! Thanks

Link to post
Share on other sites

Hi, I'm new to this site (infact this is my first post) and i'm about to embark on what I imagine is going to be a long, hard battle for a removal of a default on my credit report. All the threads have been very helpful.

 

Has anybody had any success with GE Money... As I think they might be a tough cookie to crack :(

 

Any advice would be great! Thanks

 

No, but I was just pipped at the post by the "Judge lottery";

 

http://www.consumeractiongroup.co.uk/forum/other-stores/110148-car2403-ge-capial-bank.html

 

I'm still consider what recourse I have, as I haven't given up completely just yet. (My Army Generals have been recalled to regroup and reconsider their tactics)

 

Link to post
Share on other sites

Hey, thanks guys. You've been most helpful. I'm going to get cracking on my first letter this weekend.

 

Just another quick question... If I paid my account off in full when I recieved a final demand for payment, do they have the right to put a default on my credit? Even if they did give me a default notice (which they didn't)?

 

I'll be sure to add a thread as soon as I get the ball rolling. Thank you :)

Link to post
Share on other sites

  • 1 month later...

Hi I made claim against Littlewoods then found they had no agreement got the normal we are unable to find your agreement etc. They wrote off debt £1700 but then entered two defaults on CRA files.

 

I used FOS though Littlewoods did say that they would not remove one of the defaults when I checked CRA's files all gone.

 

my thread is

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/80339-wife-littlewoods-ppi.html

 

dpick

Link to post
Share on other sites

  • 2 months later...

Capital One Credit card default removed.

Made as part of my complaint to FOS for repayment of charges.

Charges were refunded but Cap One said that default would stay.

Told FOS that default removal was part of my complaint ,so they got back in touch with Cap One and they eventualy removed it.

hello all:-)

Link to post
Share on other sites

Hi Everyone

 

I felt I would like to share a letter that I wrote a few months ago with you all. I have been harassed for two years now over a debt that I paid. I wrote letters sent proof of payment each time it got moved on to the next dca. I just got fed up. So I did a little research and penned this beauty. The calls stopped, so did the mail and the default on the credit file disappeared virtually overnight. I reckon if they cant produce the CCA, then this type of letter should follow folks. Some of you may want to refer to some of the legislation I quoted - it worked a treat! Here it is......

 

The document is attached - enjoy.... I did get a reply from their CEO. I have his personal email id anyone wants it.........

BCW.doc

Link to post
Share on other sites

  • 1 year later...
  • 7 months later...

I am dealing with a few creditors and my debt has been sold on more than a few times. I have received defalt notices in the past. How can I find out if I have had more than one defalt per creditor?

 

Kind regards

Link to post
Share on other sites

Simply write to each creditor individually and ask them..I know this sounds obvious and simplistic BUT it is the way to do it AND it works...

 

ALTERNATIVELY you could go the route of paying experian,creditexpert and equifax the appropriate fees and find out from them...IT WILL COST YOU THE FEES THOUGH!!!!

 

rgds

 

m2ae

Link to post
Share on other sites

ALTERNATIVELY you could go the route of paying experian,creditexpert and equifax the appropriate fees and find out from them...IT WILL COST YOU THE FEES THOUGH!!!!

 

and just watch the bottom feeding DCA's come to light after 'being alerted' to your new personal details. My advice, write to them, DON'T pay for access to your credit file unless you are making statutory requests under the CCA (with a one off cost)

 

Link to post
Share on other sites

Hello,

 

I need help ?? The creditor sent me letter back saying it could not provided the cca agreement or default notice and as such closed the account and no longer

pursue the existing debt. I thought great but they said nothing about the default so I sent them a letter to ask about removal of the default notice from my account as they could not provided the relevant documents. They have sent me a letter saying:

 

The fact that the documentation is not available in this case is a separate issue to that of the registration of the default. Aktiv kapital has an obligation as data controllers to provide this information to the credit reference agencies. As this is a legitimately defaulted account it is reported as such.

 

And they go on to say that they our satisfied with default as it’s a true reflection of the account in question and therefore cannot agree to remove it????

 

 

So can anyone help me with this matter please??? Am not too sure what to do next really

Any help I will be most grateful.

 

Kindest Regards,

 

Stephen

Link to post
Share on other sites

So, the question now is how important is it that the Default is removed from your Credit file?

 

Things to consider, are, if they don't have documentation to support the default entered, they can't claim that the data is accurate and the Data Protection Act gives you rights as a data subject to have that data destroyed, but on the other hand, you have a win here in that they won't chase the debt now. On the other hand, they can only **currently** not provide the documentation - what happens if they suddenly find it should you begin challenging it?

 

Definitely needs consideration on next moves, either way...

 

Link to post
Share on other sites

  • 6 months later...
Cap_One default taken off my record after a long fight..

 

Hey allIm just about to take the fight to capital one. For charges and default removal. I would have started my own thread but i'm so inept at all this forum stuff at the moment. Im hoping that I can claim charges first and also default removal as a tasty little bonus, as I gather that if I apply to have charges refunded I also get the default removed because it no longer applies to the amount registered ( is it true that then they can't re register it as there is no governing credit agreement for the new amount). Well copies of my statements are on the way, as soon as I recieve them( and figure out how to post myself a new thread) i'll keep you updated on how it goes.PS: I'm also looking at trying to remove a T-mobile default, if anyone has any suggestions please let me know. I'm thinking miss selling or some other technicality.Best regards allChris

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3404 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...