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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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Mercers. Urgent, they're coming round


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Do not be holding your breath waiting for them.

 

These people have NO LEGAL POWER WHATSOEVER

 

In the highly unlikely event of someone calling at your door tell them to go forth and multiply. Should they fail to leave your premises when ordered then contact your local police and report a breach of the peace. There is a nice letter you can send to these clowns telling them not to call. I cannot post it at the minute because I am not at my own computer.

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Hello ane welcome to CAG

 

Don't panic.

 

It is very rare that these people actually send someone to your home. (The worst culprit seems to be Scotcall)

 

If on the offchance they do actually send someone around, he or she has no more powers over you and your proerty than the local ice cream man. You can legally tell him/her to go forth and if they don't do so, you can call the police on them and have them arrested for a breach of the peace.

 

Just to clarify, DCA's cannot

sieze your property, send in the bailiffs, place a charging order on your property, without first going through the county courts and obtaining an order against you.

 

This would normally be referred to as a CCJ - at this point, you would have your chance to ask to pay in installments, based on what you can reasonably afford. this is the most common resolution to these processes.

 

Obviously the debt collectors would rather you settled with them outside of court, because that way they can threaten and cajole you into paying more.

 

They can only bully you if you let them.

 

Send the CCA letter to them, get them to ptove they have a right to collect this debt

 

send a £1 Postal Order and do not sign the letter, put I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in bold and underlined right at the top of the letter.

 

send by recorded but if you can afford it, send it by registered, retain all correspondence and proof of postings

 

 

Alas.....too late was the cry

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If they come round I will eat me cat!!

 

All joking aside, they have NO right what so ever to gain entrance to your property with out a court order. If you have no knowledge of this this "debt" keep the letter and wait for the next one.

 

Somebody will popping in soon to give you some more advise but in the mean time DO NOT WORRY YOU HAVE NO NEED TO BE CONCERNED. :D

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Hiya skp :)

 

First off, don't panic, "calling" most likely means telephoning! I fell for this same thing a few months back and got myself in a real state about it.

 

Here is the letter ODC means, cos he helped me with it when I got myself into a state (((thanks ODC))) :-

 

Dear Sir/Madam,

 

Ref xxxxxxxx

 

Please be advised that I am only prepared to communicate with you in writing and therefore, if it remains your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property, and if you do so, then you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

 

I look forward to a speedy reply from yourselves and the prospect of a letter informing me that you have made a mistake, that all letters alleging that I owe such a debt will immediately cease and that the matter will be fully closed.

 

Keep a copy of it near the door so that IF (which is unlikely) anyone from Mercers does call you can hand it to them and shut the door in their face. Also send a copy in the post to Mercers asap.

 

Post back and let us know how you get on. I think you will find your phone will ring between 7 and 8 on Monday and it will be Mercers. My advise to you would be NOT to speak to them on the phone or discuss anything with them, tell them you will only deal with them in writing.

 

If you need any more advice shout out.

 

Love SG x

  • Haha 1

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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The card says that they've tried contacting me without any success and there is a number to call if this is inconvenient. Is it a ruse to get me to call them? There is also a space for a signature, but nobody has signed it. I will organise a CCA tomorrow morning!

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Dont bother buying any Scones or cream as most of the time it is a empty threat.

 

If they do call say

 

UNLESS YOU REMOVE YOURSELF OFF MY PROPERTY WITHIN TH NEXT 2 MINUTES L AM CALLING THE POLICE.

Then if you have a mobile/ portable phone then pick it up and start dialling 999 they will move then.

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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In the highly unlikely event of them calling make sure to have your digital camera handy and photograph the doorstepper and take the registration number of his car. For some reason they dont like it

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not thought of that ODC

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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Ive got a nice collection of cards from Mercers threatening to call round.

Not had one vist yet!!

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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In the highly unlikely event of them calling make sure to have your digital camera handy and photograph the doorstepper and take the registration number of his car. For some reason they dont like it

 

:D I like that idea ODC!

 

You could say as you're doing it "Don't mind me, I am just getting some details about you for Watchdog" :p;)

 

Under Siege we could start collecting these instead of old postcards, they may be worth something in years to come ;)

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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I have almost a full set of these lovely cards from RMA/NCO, all I need is Saturday and Sunday and I'm done.

 

I was thinking about sending them a bill for all the tea and cake I have wasted waiting for them to arrive ;)

Be VERY careful whose advice you listen too

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can we also bill them for waste of time reading there empty threats?

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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Thats a good idea GodMother,

 

I am going to bill Mercers, for taking a day off work so I could stay in all day for when they called round.

 

Im gonna do it!

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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let us no how if goes US.

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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UPDATE. Guess what? I waited in all day and they didn't show. Actually, I didn't wait in, obviously that would be silly! But I was waiting for a locksmith to fix the back door all morning. But sadly, no one from Mercers. Biscuits back in the tin...........

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LOL glad they made there usual apparence

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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