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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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      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.  

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

      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.
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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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Interest Calculation


Seminole
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I think Glenn uk you are a little wrong here.You are quite within your rights to apply contractual interest rates .It is based on an implied term in the bank contract which is based on "mutuality and reciprocity" ie what is sauce for the goose is sauce for the gander, ie if they are charging you 0.79 (say) per % per month,then that is what you are going to charge them. This by the way is NOT compound interest.Contractual interest is if in Oct 2000 you had a penalty for £25 then to this day it would be 0.79% x72 months=£13.82.The Compound interest clicks in because as from Oct 2000 every month that small part of the contractual interest kicks in it is raising you overdraft level and turning it or Compounding it.So there are two types of interests that are applying at the same time.This really does push the interest up a massive amount .I am about to try this against Barclays but i will have to send another LBA.This a major issue and needs to be addressed properly.

 

If you think this helps click the scales!!

  • Haha 1

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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You would loose a load asi have previouly said.You should look at your statement

and see how much they are charging you a month,this may vary .If it is say (as mine is)

0.79% per month then £35 x 0.79% x 12 months would be £3.32,put this in a seperate column and add the total.I did my own spread sheet viz;

04/12/00 charge for item returned unpaid £25 interest 0.79% pm x70=£13.82

21/12/00 charge for unauthorised overdraft £20 " " pmx69=£9.66

etc

etc to the present day Total charges here Total interest here

 

Grand Total: add charges + interest=figure here

 

Flopin easy but takes ages(buy a calculator!),its your money remember

 

If it helps click the scales

  • Haha 1
  • Confused 1

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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Share on other sites

332 X 8% =26.56 x5=132.80

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

Link to post
Share on other sites

Seminole you are so mixed up i cannot believe you.The 8% you are putting on for the court is only when you have worked out your total claim with the charges (contractual or otherwise)with the interest shown,for your pre letter or LBA

Otherwise you would,nt need the flopin spreadsheets!!!

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

Link to post
Share on other sites

Vickie,goto Dedicated free file hosting upload storage space - CompoundSheet_v1.5.xls

and download the spread sheets.This works very well with Excel or Open Office.org.

I incidently was not able to download Vampiress,s,weird.

Like everything like this it looks complicated,but it is not.Read the instructions and print them off,goto preview print first otherwise you will be printing 20 pages!! Put in the % your bank are charging you a month,(at the start of your particulars,before the spread sheet starts)this will be at the bottom of your bank statements at the end of each month with your charges.If this varies over a period of time you will have to take the average % because you cannot change it halfway through,otherwise you will have to

list the charges at a ? %,carry them on to the present day, print them off,and start again every time your % changes and this will take a long time,(an almost impossible task to do unless you can cut and paste them back in when you start again,but you can,t)Over say a 6 year period this is likely to take you 4-6 hours to complete.Do not forget to print off the compounded interest sheet as well,(this is very important) because this is what you need (both sheets),to send with your particulars of claim.If you have sent off your pre lim letter or LBA,do not fret as you will just have to send an amended LBA.At the court stage do not add on 8% because you have already used the Compound Interest to cover that.Do not do your self out of this interest,it is your money.If it is contested you just argue "mutuality and reciprocity",

Put below in your letters and county court claim.

I calculate that you have applied £xxx.xx in levies and further, I also claim interest at a rate of ?% as set out in the attached list of charges. I believe this rate to be justified under the principle of "mutuality and reciprocity", and is based on your monthly overdraft interest rate that is applied under the terms of the above mentioned account.

Your monthly interest rate started in Oct 2000 as (my figures Barclays) 2.2% unauthorised,1.45% authorised,dropping gradually over the following 4 years to 2.05% unauthorised and 0.79% authorised,so i am taking 1.25% as an average (this for the compounded part). Therefore the total amount owed as of today’s date is £xxx.xx.

There are sheets available on this site for credit cards etc.

 

This should cover every thing to do with this operation,(i know interest is confusing to begin with) so will a site helper post this reply at the top of the interest thread and keep it there,so that it helps everyone !!!

 

 

If you think this helps,click the scales !!!!!!!!!!!

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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Glenn, Fortes fortuna juvat,

it is easy to just add 8%,but you are giving so much away.

(1) The interest is on all my bank state ments (Barclays) but not on the copy bank statements,fortunately i had most of mine back to 2000.

(2) The banks did not intend to impose,they did impose,(ex post facto)thats where "mutuality and reciprocity" kicks in,and they cannot argue against that,it is a fact,(quad erat demonstrandum)

(3) If it gets to court you just add as you rightly say,"in alternative 'sub judice as to the ruleing of these charges unfair' i resort to section 65 of the 1984 County Court Act of 8%"

(4) Start heavy,settle lightly

Justitia Omnibus

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

Link to post
Share on other sites

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