Jump to content


  • Tweets

  • Posts

    • Agreed, let them default. Keep everything in writing, if they ring to discuss the accounts over the phone, simply say 'everything in writing please', and hang up. They'll soon get the message. Get all of your paperwork in order too, if you haven't got any, or are missing relevant documents, then you can SAR the original creditor, which is free and they have 30 days to supply the info. Keep a diary of events too. sit back and relax, YOU'RE in control, not them.
    • thought you said you had an sjpn? dx  
    • 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!  
  • 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

Reached the Point Where I Cannot Go on Shoring things up......


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4489 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

  • Replies 90
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Baz 1986,

 

Can i ask how you got a company to accept 35% F+F?

 

Hi Baz, i have no idea how this happened. i simply asked what they would accept as a final settlemet...she said "hang on i'll work it out" then came back with this wonderful figure!! i knew from info on this site that this has been done before...even so I'm sooo happpy!

 

Well done in doing your own DMP!! 8-). i think i may do this myself too...I'm feeling inspired today. i will read up on what you have done , and see if i think i can handle it.

thanks!

x

Link to post
Share on other sites

Yeah i bet you nearly fell of your chair? Was the debt an old one and was you paying anything towards the debt? Yeah doing your own DMP is going to be hard work but it has given me something to focus on and be really productive with, A simple folder and a section for each creditor and a pile of envelopes and stamps is all i need to keep on top of it!! I know the companies like you to use companies like CCCS etc but i like the fact i can manage it all myself!! So have you accepted the F+F from the company yet? If not i wouldnt accept unless they out it as Settled to help your credit file?

Link to post
Share on other sites

Hi Tingy, thanks for that! I will check in here more often …me thinks!

The lady did say that this would be the end of it, and that as soon as we agreed an amount and date of payment she would then put it all in writing…which would then be binding. If we then failed to keep to this agreement…immediate default.

My hubby thinks that they should accept even less, due to our other debts being quite substantial too …I don’t know what planet he is on.

Do you think this is a possibility? If you do then I think I will try push it even more??!!!

Thank!

Link to post
Share on other sites

Yeah 35% of the debt seems to be a good deal, Its up to you like Tingy said i havent had any dealings with this kind of offer, But hopefully will have this for my debts in the future so i can be debt free quicker. But i cannot imagine them just cutting the whole deal if you asked for a lower settlement. I think you should both sleep on it and make the decision in the morning over a night bit of brekkie!!

 

Good luck in whatever you decide

Link to post
Share on other sites

  • 2 weeks later...

Ok….checked both current accounts this morning. Withdrew money from one account to put in my NEW (other bank account)

When I checked my account just now, I am £78 over my overdraught. They applied Overdraught interest AND overdraught monthly charge. PLUS TWO bounced DD charges (fair enough on that one…my fault I should of cancelled the DD.

THEN the same bank , but a cc account rang and asked me for a payment I thought at this point all was still OK with my account…I gave them a payment. This was on second account which is now in a similar situation as the first one.

It was after this that I checked my bank accounts…EEEEK!! :|

 

What a mess I’m getting into! Does anyone think I have a ‘cat in hell’s chance of getting these charges reversed on the basis that they took the charges on a SATURDAY afternoon, when the banks are CLOSED so I cannot rectify the situation.??

 

Oh dear…maybe it’s time to hand everything over to the CAB :?:

Thanks for listening/reading/ any comments! :-)

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?294924-Abbey-Santander-Changing-Overdraft-Charges

 

Just found the above thread...obviously Santander thought carefully about when to start the new charges...ON A SATURDAY. WHEN PEOPLE CANNOT RECTIFY IN TIME TO AVOID EVEN FURTHER CHARGES BEING APPLIED. NICE ONE!

Link to post
Share on other sites

Give them a phone and ask them to refund them, you never know, if you've not had refunds before they might consider it.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

maroondevo52

 

Thanks for the reply!

 

I have tried this a couple of months ago ….and they did not charge me. (similar situation where the account looks fine on the web, but next morning it’s bank charges) They said that they can only do it once a year. So I am not hopeful.

 

Does anyone know if I put my financial matters in the hands of the CAB…will they give me more time/allowances to get financially sorted? I am finding everything so very difficult to keep on top of. My husband leaving our family last year …just does not help….:sad::violin:

Link to post
Share on other sites

Well Baz…it’s a bit weird really. I conveyed all that I had negotiated with my /our debtor, to my husband (of whom I am presently separated from…read history if you have a minute/inclination/but don’t have too…LOL?) He is the one with the purse strings at the moment. He says he wants to put the money where it should go…but all has gone quiet with him. I am just worried that he won’t grab this chance to clear a considerable amount off out debts…it would help clear a third of it. Just waiting right now………..EEeek!

Did not know about the 60day...that's good!

Link to post
Share on other sites

Hi,

 

Sorry to hear things are not going too well for you at the moment, I know how you feel, another Mod sequenci has a good blog, if you click on his profile I've linked, have a read...........

 

http://www.consumeractiongroup.co.uk/forum/member.php?21294-sequenci

 

I'm also with Santander and they refunded some of my charges last week but that was the first time I've asked for any back from them, I also asked for a small overdraft which they knocked me back for, they seem to be very happy to take charges from me everymonth but can't give me an overdraft, nice people !!!

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Scooby will read your blog now, TBH with you i think a full and final settlement if they have offered you one will not be the one and only, i think they are clever with when they offer it and i think some companys will always listen to offers you have, for example i sent 6 full and finals and only 2 accepted but i will again send the other 4 every 3 months the same standard letter each time offering a bit less, keep paying them on time as agreed and you have a better chance. The 60 day thing came from a post i read some one said 60 days and when they asked how long i will need i just said 60 days so that was that, had the confirmation letters today explaining the process but i am battling for a settled on these accounts..

 

Tingy got to be saving money especially with the postage going up :) Yeah i only owe them £489 but i can see this going up to the £700+ with what i have read about capital one

Link to post
Share on other sites

but they must also remove any DEFAULT markers or late paYMENT etc or else its not worth wasting the money

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for that DX100....You say MUST remove...would this be something they would likely do if I requested it? How far can one go demanding it?

 

Very useful DX as it would be great to get any defaults/late payments removed.

Thanks!

Link to post
Share on other sites

Hey scooby i am in the same process now i have be offered a F+F awaiting written confirmation then i have 60 days to confirm the agreed settlement, i am going to use these days to negotiate a 'settled' agreement, looking at the posts i dont think anyone has to as at the end of the day we haven't paid them the full amount we owe, but we can try, we can nag and no doubt we can use the advice given to us by fellow caggers!!

 

Good luck keep us posted and i will let you know if i get any luck my way

Link to post
Share on other sites

Thanks for that DX100....You say MUST remove...would this be something they would likely do if I requested it? How far can one go demanding it?

 

Very useful DX as it would be great to get any defaults/late payments removed.

Thanks!

 

 

 

its a must for you.

 

there would no point in paying anything F&F as a default 'marker' is as bad as a CCJ to a future creditor as it will show in the 'settled' debts history

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi Scooby

 

You need to research F & F, to make sure a F & F is final, there are no loose ends, and they don't chase for the balance later.

Using a Third Party cheque is a must. Also the wording of the letter accompanying the cheque is important.

Theres some info in my signature (7). There are other threads too.

Link to post
Share on other sites

Hi DX100, I think I remember they lady saying that they would mark the credit file as 'satisfied' Must check this one out to be sure.

Thanks!

 

Scooby - this doesn't tally with your first post where you clearly state it would be partially settled. There is a huge difference, so you need to find out for sure and have it in writing before we can really advise you properly.

Link to post
Share on other sites

Hi Tingy

 

'Partially Settled' which is what the Creditor will put on the Credit Reference File', although a F & F payment will be made to the creditor.

 

Scooby - this doesn't tally with your first post where you clearly state it would be partially settled. There is a huge difference, so you need to find out for sure and have it in writing before we can really advise you properly.
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...