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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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Debt following death.


nuthatch
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In spite of what I have read elsewhere on CAG...Lloyds TSB do have a heart :)

Received a letter yesterday to say my husband's debt has been written off and balance reduced to zero.

 

Nice One!:D

 

Great start - one down (?) to go.

 

The first one is always the hardest.Now you can use Lloyds TSB as an example to the others when asking for the debt to be written off.

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along with all the other letter that will be comming in says we have cancelled this debt.

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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along with all the other letter that will be comming in says we have cancelled this debt.

Very important. Argos cancelled mine and I took it all at face value and did not keep the letter. Six months later Cabot bought it. I am still paying it off but not for much longer.

If my post helped you feel better, click my scales.

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The letter cancelling my husband's debt has been safely put away in one of the new files.

 

Letter from Cabot re my CCA request for my Goldfish account received today:

 

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives.

We shall send you the information as soon as we receive it.

 

We will, as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

I think this could be good news or am I jumping the gun?

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Yes you should wait & see. However if you should get one, & this is relevant to all you creditors, make sure what you get is a true copy & that any signature purporting to be yours is in fact yours.

 

Beware of cut & paste it's very popular computer function amongst some DCA's & in particular some major creditors

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The letter cancelling my husband's debt has been safely put away in one of the new files.

 

Letter from Cabot re my CCA request for my Goldfish account received today:

 

 

I think this could be good news or am I jumping the gun?

 

I think Goldfish are run off their feet at the minute as I am still waiting for mine.Not had any word from them as mine is directly with GF.

 

They haven't even had time to phone me for the last month LOL :p

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Yes you should wait & see. However if you should get one, & this is relevant to all you creditors, make sure what you get is a true copy & that any signature purporting to be yours is in fact yours.

 

Following this advice and other posts on CAG, I used a squiggle of my initials on both the CCAs I submited to my creditors. I have never used this "signature" before so if I get an agreement with this on it is obviously a reconstructed document.

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I was in a similar position two years ago when my husband died,had to wait about two months for bereavment payment which i recieved for a year,you might be able to get help from dhss for funeral ,I recieved the £2000 also which was payed quickly,mistakes I made,over 16hrs work can get working tax credit,I worked 15,and if had been unemployed for more than six months and over 50,let the job centre help find work,can get extra help from the government,I know this is slightly off topic but you can learn from others mistakes and the only way of letting you know,there is hardly any provision it seems for widows,was left with £77 a week and had to pay anything over the income support level back in rent and council tax,I was 58,sixty next month,cant wait,its been a struggle to exist and pay bills since my husbands death.

joyce

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So sorry to hear of your struggles, Joyce.... and thank you for your contribution to this thread. Two years is not that long ago in real terms.... I can remember my Mum struggling to make sense of things for years after Dad's passing....

 

If you need any help with anything yourself, please post a thread.... no matter what it is.

 

Bless you.... :)

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Thank you Joyce and I am sorry we have to meet like this.

I actually work 20hrs but am off sick at the moment. I have an occupational pension as I took early retirement from the NHs and I will also get a percentage of my husband's occupational pension. I have got the bereavement allowance.

I am luckier than a lot of people in my situation.

I do hope you are managing OK and thanks again.

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Another letter from Cabot dated 22.08.08 about my Goldfish CC

 

Your request under the CCA 1974

 

We recently wrote to you informing you that the original lender is experiencing a delay in obtaining information from their archives. Although 24 days have passed since your request, we hope to be able to send the information to you shortly. We shall remind the original lender that your information remains outstanding and should be orocessed as a matter of urgency.

 

We apologise for any inconvenience you may have experienced as a result of this delay.

 

The status of your account

 

Your account shall remain on hold until further notice.

 

So, Cabot/Goldfish are way out of time now by Cabot's own admission.

Do I just leave things as they are?

I am anything for a quiet life if I can.

 

I have heard nothing more from Robinson Way who received their CCA on the same day as Cabot.

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Just another question :D

 

One of my (many) debts is a CC with Lloyds TSB. But I have been getting letters from BLS collections who I understand from elsewhere on CAG are their DCAs.

But I have never had anything to say this debt was being passed over to them.

The first I knew was when a letter arrived in May offering a F&F at a 30% reduction. I wrote back declining their offer and informed CCCS.

Do HFC still have to let me know they are passing the debt on if BLS are "in-house"? It's just that a letter arrived on Saturday to say that "I had not stuck to the terms of the agreement" and "pay up or else" (paraphrase). But my husband and I have the same CCCS client number and Lloyds wrote to write off his debt following his death so they must know the account is on hold by CCCS until I can do a new I&E statement. So they must know the situation....musn't they?

 

I have just noticed that the balance BLS have recorded is about £300 more than the CCCS balance on my DMP so I guess there are more charges added when I haven't missed any payments on my DMP until my husband died.

 

I hope this post makes sense.

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Considering they don't let people know when they sell accounts... they're not likely to bother with an in-house brigade, or to an outfit they use regularly to collect on their behalf, to be honest.

 

Can't say I've ever been informed myself.... but there's b*gger all that the regulatory bodies would do about it anyway, even if they were meant to inform people.

 

If they are hassling you, then CCA them as well. :)

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I have had my DMP review with the CCCS and my monthly payment has been reduced by more than a quarter as I am off sick. This is towards a debt of just over £40000.

I asked the counsellor about making F &F offers with the lump sum I have and she said I could either pay off the smaller accounts or offer everyone a pro rata amount. They would probably get about 30%.

I have no idea how long I will be off work and it could be a few more months yet.

I am going to CCA as many creditors as I can but I do find it stressful. I did not mention to the CCCS counsellor that I had sent off CCA requests. If I zero the amounts owed to Robinson Way and Cabot on my DMP online plan so they don't get paid, it means I couldn't add them on again if it all goes pear shaped.

Robinson Way and Cabot have not come up with my CCA request yet and are now way out of time.

 

I wish I could think logically about this but I am in panic mode today. I have read so many CAG threads that I wish I could have other people's attitudes towards creditors. THe logical part of my brain understands what everyone is doing but I seem to lose the plot when I try to put it into practice for myself.

Edited by nuthatch
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I have had my DMP review with the CCCS and my monthly payment has been reduced to £82 from £418 as I am off sick. This is towards a debt of just over £43000. Just goes to show that it can be done.... despite what banks/finance companies tell you.

I asked the counsellor about making F &F offers with the lump sum I have and she said I could either pay off the smaller accounts or offer everyone a pro rata amount. They would probably get about 30%. Don't rush into this Nuthatch.... CCCS receive their funding from the finance industry, so they're not as impartial as people like to think. See what happens following the CCA requests first.

I have no idea how long I will be off work and it could be a few more months yet.

I am going to CCA as many creditors as I can but I do find it stressful. It's very new territory... so a lot of people feel this way at first. I did not mention to the CCCS counsellor that I had sent off CCA requests. Probably wise.... If I zero the amounts owed to Robinson Way and Cabot on my DMP online plan so they don't get paid, it means I couldn't add them on again if it all goes pear shaped. No reason to worry about this. If they do happen to produce an enforceable Agreement, then you can come to an arrangement yourself. I have always done this and have never gone through a DMP in my life.

Robinson Way and Cabot have not come up with my CCA request yet and are now way out of time. Then you can cancel their payments.

 

I wish I could think logically about this but I am in panic mode today. I have read so many CAG threads that I wish I could have other people's attitudes towards creditors. THe logical part of my brain understands what everyone is doing but I seem to lose the plot when I try to put it into practice for myself.

 

Sometimes people just need a bit of reassurance that's all. You're no different from everyone else in that respect, Nuthatch. :-)

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One day at a time Nuthatch.

 

It gets you down when you are in the thick of it but at the end of the day it's only money.

 

As you know there are more important things in life & £xx to the banks isn't even a round of drinks in terms of the debts they are writing off at present.

 

Take the creditors one-at-a-time as (if) they reply & everyone on here will help.

 

As a matter of interest is the debt all in your name?

Edited by saintly_1
removal of amounts
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