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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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mbna/rma


everton2005
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Watch for the flying pigs when the doorstep collector comes. They are both as rare as Hen's teeth. :D

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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well he never turned up damn . got yet another call off rma today requesting payment yea whatever so i told the girl mbna have still not supplied cca so no payment will be made also told her to stop ringing me doubt they will.she said well ring mbna up i said no you ring them up yuor company are working for them

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You could always send them this letter. The only downside is that it stops them calling you, which makes life a bit boring after a while and stops you having fun with them.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir,

 

Account no:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that due to the failure to supply a copy of the signed, executed Consumer Credit Agreement this account is in dispute.

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be 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 and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

  • Haha 1

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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  • 2 weeks later...

No prescribed terms, so completely unenforceable.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sending them letters only encourages them. They are in default - stop paying them - let their threat-o-matic computer start spitting out its drivel. You know that you are now in the driving seat - watch their increasingly desperate attempts to get money from you and laugh!

 

Remember they are a sad, pathetic septic company who thought they were above the law and now they have been found out.

 

You will get other bottom feeding pondlife trying it on as well - laugh more - they have no powers at all. If they try to take you to court then you can start to go nuclear (however if their 'solicitors' have half a brain cell between them they will realise that they do not have a leg to stand on).

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just had a phone call from mbna

me hello

mbna could i speak to everton2005

me speaking

mbna did you receive your cca in the post

me yes

mbna can we now bring this account up to date

me no

mbna why

me no prescribed terms plus i think its only an application

mbna ok i will pass it to my collegue

 

phone rings again 5 minutes later

 

me hello

mbna my collegue just passed your account to me he tells me you are not happy with the documents sent out

me thats right

mbna well i am in the opinion that this agreement is water tight

me well am not no prescribed terms

mbna well were will this lead us

me thats up to your company

mbna we could take you to court to get the money back

me what with an application form

mbna thats all we need to supply

me ok bye

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The reason they are willing to tell you this cr@p over the phone is because they can later deny it. MBNA have had their fingers burned more than once over unenforceable agreements. In future insist that anything they have to say to you is put in writing only. Do not engage in telephone conversations with them. They are well aware that if they took you to court and you defended they would lose.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Oh dear. They are really up the creek. Do you know how much the PPI comes to as a percentage of the account balance?

 

You might also wish to make a complaint to the OFT regarding the PPI. The OFT just fined Egg over 700K for their dodgy practices regarding PPI.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hmm. I think I would start applying a bit of pressure then on MBNA to just write off the account and discharge your liability for the account.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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