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    • 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
    • why do you need adobe...use a pdf online website. all for now...no get reading up and do not miss your defence filing date no matter what. post it up in good time no!!    
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CCA request to Debt Collector or original Creditor?


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whomever is asking for 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... 

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Thanks dx100uk...

I CCA'd the DCA at the beginning of April and had no response. Their latest letter is asking me when I contacted the original creditor :!:.

The DCA state that they are collecting on behalf of the creditor, but it's the DCA that are asking/hassling for the money.

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then they've failed and you can stop payments

 

tell us about the debt

 

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... 

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Share on other sites

Hi dx100uk,

 

I've copied & pasted an outine of the debt and the CSL circus that has followed...

 

I had a Credit Card off Capital One and got into arrears owing to lack of work (agency worker)

over the snowy Christmas period.

I wrote to Capital One and asked them for a payment plan.

I made an offer of payment to them, sent it recorded delivery, and they ignored it.

I started getting calls from CSL on my phone.

I wrote to CSL on several occasions saying I would not discuss my account over the phone and not to call.

I told CSL that I wanted confirmation in writing- from Capital One themselves- that the debt had been passed on to CSL.

I have never received this confirmation.

I also told CSL that I wanted Capital One to respond to my proposed payments and

why they had not done so. I never received this either.

 

CSL continued to phone so I reported them to Consumer Direct, OFT and OFCom and Trading Standards.

The annoying calls stopped.

 

I received a yellow postcard from P2C saying somebody would be around to discuss my communication with CSL.

I wrote to P2C AND CSL and withdrew/revoked their Implied Right of Access.

I then received a 'payslip'-type letter from P2C. I wrote to them again and told them I had revoked their implied Right of Access.

On April 1st I emailed CSL and requested my CCA from them. I still haven't received it.

Instead, CSL sent me a letter with the 'Opportunity to save 40%'.

 

I'm not sure what to do next, namely:

 

 

My latest letters have the amount restored to the pre-offer ammount, and although I CCA'd CSL I may have buggered up a bit as the request was sent via email. I also know that they DO receive my emails as they have occasionally replied to them.

I have also KEPT every single email sent/received.

 

They are now asking if:

 

"Whether you have NOT received any documentation from the client since your request was sent,

Whether you have paid the statutory fee of £1.00 (your request would not have been processed if this fee was not paid)"

 

They want me to let them know by 15th May or 'account will be taken off hold and collection activity will continue'.

 

In short, the CCA request was to CSL- NOT Crap1, as CSL are aware- and I did not pay the fee as the request was done via email...

What should be my next move? Letter & fee to CSL?

 

My head spinneth.

 

 

 

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right

 

the clincher in all of this is the offer of a 'discount'

 

this always means one of two things:

 

either there is no enforceable paperwork

or

the balance is mostly reclaimable charges and/or PPI

 

in either case they are stuffed and can only try be trying to fleece you

[esp as P2C have gotten involved]

 

totally ignore everything then now

 

and only worry if a claim form arrives

 

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... 

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