Jump to content


  • Tweets

  • Posts

    • Any advice on what remedies are available given the following circumstances - would be much appreciated. Dec 23, HMCTS enforcement officer (HMCEO) knocks on the door. Stating he possesses a “warrant of control” (WOC) issued by xxxxxx Justice Centre (HJC) to recover unpaid fines for driving offences. Further stating, he is there “to execute the warrant and take goods to the value of .. if the warrant wasn’t settled in cash/monies” After requesting proof I was given a quick glimpse (seconds) of a small tablet/palm sized “computer” I only caught flash of a white screen. I notified him, A number of times, I needed to see a copy of said woc. I was unaware of any outstanding warrant. I was not going to pay as the matter was live and had been sent to XXXX Crown Court with Jan hearing. It was not my property but my dear friend’s (14yrs) home. He was not coming in and he was not going to force entry. I asked how come he was at this address – no reply. He had better phone the old bill, if he had any issues. As he had not set foot in the house, I closed the door I was unaware the purported WOC or any warrant, I was under the impression my case was with the courts. My requests for a copy were persistently refused, I was unaware what case(s) were listed as “outstanding on this purported WOC”.  (had live S172 with the courts with an appeal) this alleged woc was totally unrelated.   With supporting high court documents I approached his Co vehicle to reasonably discuss what was going on. After exchanging a few words, he had my name down as the address we were at. Oddly, he then stated the car at the same address which he was blocking in, was mine !! – It was not and never has been ! neither was it reg/ins at that address. I could hear the police sirens approaching, No issues with those attending at all. The first officer lady (ONr1) approached, listened to what I had to say. Then went to speak with "HMCEO". I went inside to gain more evidence that his documents were invalid.   Ms xxxxxx (property/title holder) produced a mortgage document stating the title holder. It was dissmissed by by both "HMCEO" and Police I produced a number of court documents; High Court document with correct address from HHJ xxxxx, HMCTS stating my case was to be heard at xxxxx Crown Court Jan date DVLA drivers license with xxxxxxx with correct address. All documents dismissed by both HMCEO and Police. My trial documents had the correct address as did HMCTS. ONr1 was now joined ONr2, they both concluded the HMCEO WOC document superseded my High court documents as it was addressed to xxxxx. High court documents were irrelevant as the address was “different” from my friends home. I was dumbfounded when the officers stated the “HMCEO was here to collect a debt as instructed by the court”, if I was “to obstruct him in his duties I would be arrested and removed”. I still had not seen any proof of an actual woc I unsuccessfully challenged the officers comments for a fair few moments, then realised no matter what I said, did or otherwise, they had made up their minds and where going to arrest me if my objections persisted. I could not believe I was witnessing misfeasance in public office. Where’s the impartiality I asked ??  - no reply.   I requested more time to collect and gather myself.   I could not raise the amount of money demanded. HMCEO would not accept a pay plan, as apparently the demanded sums had been outstanding for some time. Payment in full was again demanded or a locksmith would be called to drill the locks and force entry. (destruction of 3rd party property) with threat of further hundreds of pounds to be added.   I strongly objected, stating I had no entitlement of title to Nr xxxxxx, neither of the three were interested. Full payment was again demanded or entry will be forced and goods removed.   I was melting down and in a dark place mentally, xxxxx was also in a terrible state considering the threats made against her and her beloved property. even the old bill had chosen to support a private company break the law !!.   " HMCEO" persisted his menacing demands to extort monies. Finally, Diane, under extreme duress and threats of forced entry, coupled with threats of arrest if I didn’t stand aside and let HMCEO extort monies. Against her better will and judgement she transferred monies form her and her sons account(s) to that of "Marston's". Effectively settling a third party debt. His actions amounted to theft, fraud, extortion, and fraud by false representation. Money had just been extorted from the best friend I had, and I was helpless. I understand the following facts are true, I have the opinion both myself, ms Kelly and her son were victims, and this happened here. Even if there was a valid WOC it was illegal as the case had previously been withdrawn; The act of threatening a victim’s person or property with violence, physical harm or destruction to coerce them into complying with demands. Threatened actions that constitute extortion when used to re-enforce an unwarranted demand would be offences in and of themselves (offences against the person or criminal damage). The Theft Act defines the instance of blackmail as one where: “a person with a view to gain for themselves or another or intending to cause loss to another makes an unwarranted demand with menaces. Dishonesty is not an element of the offence.” The sheer fact, he was supported by 2nr police officers – either of which or both, should have been sufficiently knowledgeable enough in criminal law, and vigilant enough to have seen and prevented a fraudulent crime against another(s) being committed with their support. ======= After the event - Next morning calls to/from HMCTS ======= Call from “Enforcement MoJ” confirmed they have already instructed Marstons Group as a matter of urgency to return all monies wrongly taken from Ms xxxxx .  HMCTS ..... Ms xxxxxx, 1/12/23 @ 11:50 States …”case withdrawn 28th Feb 23” email attached Purported WOC issued by Harrogate Justice Centre (HJC). for collection of fines for allegations by West Yorkshire Police (WYP), that had previously been withdrawn. Ref: HMCTS Letter Dated – XXth XX  2023: Case Nr. ********, listed for XXth XX 23 @ XX:XX WYP Letter. Headed - XXth XX 23, Trial at Kirklees Mags Court on XX/XX/2023 at XX:XX                                                     i.     WYP offer no evidence and request HMCTS, CPS - case be dismissed.  According to HJC There was no evidence of WOC ever been issued.   Ms xxxxxx & son, eventually had monies returned. No apology to either Ms xxxxxx or her son. Executed a “warrant of control” which was not prescribed by the HMCTS. His actions amounted to fraud, fraud by false representation. His actions amount to theft, fraud, and fraud by false representation. Extortion of monies by menace S12 Theft Act 76 Alledged "HMCEO" removed monies on two occasions from a third 3rd party bank accounts, 2nr sums circa £600 and £600 collectively totalling £1200.00 to which he had no legal right or obligation to do so. His actions amounted to theft, fraud, and fraud by false representation. Extortion of monies by menace S12 Theft Act 76 As ¶²⁸ above, removed monies under the false pretences of a certified bailiff, whilst not been in possession of the correct court documents entitling him to do so. He was thus acting as a “common debt collector” as such he was not entitled to charge any fees. His actions amounted to theft, fraud, fraud by false representation. Extortion of monies by menace S12 Theft Act 76  Alleged "HMCEO" Knowingly provided a false statement of fact to WYP knowing they would act upon those facts. The two attending police officers should have been sufficiently knowledgeable enough in criminal law, to prevent such a fraudulent crime been committed in their presence. The very fact there was legal correspondence from HHJ xxxxxxxx   xxxxx Crown Court within dated parameters surly overrides any civil documents purporting to be from HMCTS. Especially when PNC, DVLA, MIB, databases could instantly confirm/deny the defendants statement of address. This event (along with others) has not only devestated my life, but my friends too. To the extent I was admitted to Acute Mental Health Team NGH for 4/5wks as I was unable to cope with the effect this action had taken on my best friend. The consequences have been insumountable, the mere sight of the old bill now reduces me to a wreck. WHAT LEGAL REMEDIES (IF ANY) MAY BE AVAILABLE TO ME/US - How would one proceed ?? Contructive comments only please - **** takers and conspiracists jog on.  All HMCTS documents are available, Only 2nr Marston documents exist, 2nr receipts for payments taken.  Regards Mr Blue            
    • 1 Date of the infringement 14/12/2023   2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  Issue date 27/17/2023   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received 10/12/2024   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  N   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal]  No   Have you had a response? [Y/N?] post it up No   7 Who is the parking company? Excel Parking   8. Where exactly [carpark name and town] Brewery Street Car Park, Chesterfield, S417UG   For either option, does it say which appeals body they operate under. IPC on their letter BPC on others I have attached all letters received to date by Excel and others.  Any advice is more than welcome PCN Letters_1_11zon.pdf
    • Hi guys I got caught with my mum's freedom pass the other day. I have now received a letter asking how I'm going to plea I've only just received it but it says reply within 10 days of the letter from when it was dated on the 17th june which seems unfair, but anyway! What's my best bet here? I have seen the best thing and it's the most logical, is to just come clean, say say it was wrong and plead with them! I've attached the letters they have sent Thanks for any help you can provide Image to PDF 20240625 22.16.31.pdf
    • Mediation date now set. Do I just tell them 'I don't have enough information?'
    • With the inflation dragon appearing to have been slain, falling to the 2% target in recent data, there is a risk that savings rates could similarly plummet.View the full article
  • 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
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4719 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

Hi I have 7 payday loans with

 

Wageday Advance

Text Loans

CountryWide

MiniCredit

Wonga

Payday UK

Payday Express

 

I have been rolling over loans for months and am not able to keep up any more. I bank with Santander and went to them yesterday to close my bank account and open a new one with them. After reading some of the forums I wonder can these companies raid my new account?

 

Also, I have account details for all of them apart from MiniCredit and Countrywide. Does anyone know the details of either of these? I should have known Countrywide would be slippery after I applied with them and they wanted to know my telephone banking passwords for Santander! I just told them to call me later as I did not want to give these out and then they processed my loan anyway!

 

Is there a template e mail to contact these companies to default? They are all due to be repaid on 27th July and now I am panicking if I am doing the right thing

Link to post
Share on other sites

Hi there!

 

Don't panic - you have done the right thing by opening a new account. No, they cannot access your new account unless you give them your new account number which you're not going to do!

 

Best to email the companies rather than call them and offer what you can afford to pay. Work out what you genuinely can afford to pay them and then email them (best not to talk on the phone to them); this way you will have a record of any correspondence between you and them. Can you afford to pay maybe one small one off this month and then offer the others what you can afford?

 

There are template letters in the CAG library - top of your screen - click onto library. Have a read there. Come back if you need more help.

 

Good Luck xx

Link to post
Share on other sites

Having just had Santanders Terms and Conditions IO notice they CAN give somebody your new account details without reference, you really need a new account with another bank to be completely safe. Halifax Easycash online is very good, so is the Co-op and Post Office.

 

You have taken the first steps to being debt free. Is it possible to pay one account off completely each month - its called Snowballing and proves more effective than pro-rataing. In all cases remember you are only liable for the original loan amount and one months interest, no matter what THEY might like to tell you.

 

I'd email them as follows

 

 

Dear XXX

 

Please find my shortened I&E, I am experiencing financial problems and wish to pay you X amount over X months, this being the original loan amount and one months interest as deemed due by Section 87 of the CCA Act.

 

I am not to be approached by telephone and wish to keep everything in email format, should any telephone calls be received they will automatically be recorded and kept for evidence should it be necessary.

 

I will not fill out any I&E forms nor pay any 'set up arrangement' fees - requests to do either will automatically be reported to the OFT and Trading Standards, the information below should be sufficient for you.

 

Short I&E Form

 

Income

 

Priority Debts

Rent/Mortgage

Council Tax

Gas/Electric/Water

TV Licence

 

Non-priority Debts

Travel to work/Car expenses

TV/Broadband/Phone

Food

 

Amount left for X creditors X divided by no of creditors = X

 

I will send an update every three months as my situation changes. It is too unstable at the moment to provide any more details as they are still being assessed.

 

I am sorry this situation has arisen but feel it is the only way forward.

 

Yours

 

Keep it short, straightforward and leave all threats out for now, that way they can't start pressurising you.

 

Keep us informed as to what is happening.

Link to post
Share on other sites

It appears in a lot of banks T&Cs, you have to read them carefully to find it, its also in the Halifax one. Basically if you set up another account with the same bank they can give your details to anyone who had access to your old details.... it explains why if some company takes your money the bank can state that they 'deemed it owed' and were doing their duty.

 

I thought their duty was to protect YOUR money, not let anyone else take it at will! - Goes to show what reading T&Cs on a boring afternoon does!

Link to post
Share on other sites

Please can I ask about this cancelled card thing? My bank assure me that payments will not go through on a cancelled card. It concerns me to read otherwise.If pay day loan companies can just do this, then why don't they do it automatically without recourse to threats of door step visits, constant phone calls etc?

Link to post
Share on other sites

Quick action plan for you and you'll fine.

 

1. Close all your accounts with Santander and open one elsewhere. Coop was suggested above, great idea, great bank.

 

2. Contact Payplan. Get a debt management plan together, they'll sort all this out free of charge.

 

3. VERY IMPORTANT. Even though you've got in touch with payplan, *still* email the payday loan company the excellent email that sillygirl provided above. But add your payplan details and tell them payplan will be in touch. Might be worth missing off the I&E bit though and say that payplan will supply all the details that you require. Payplan are brilliant but can be a little slow IMHO, if you need to pay up on 27th of this month, payplan won't be in touch in time so you may end up having a doorstep collecter turn up. At least you've contacted these companies.

 

4. Knock up a little letter and keep it by the door. You can then give it to the door step collector if one should turn up. It should just mention that you've been in contact with the loan company, you've got a debt management plan (put payplan details on there), and you've requested that they only contact you by email but all enquiries should go through payplan, please don't call again.

 

5. Sit back, and relax, you've sorted it all out. Everything is covered.

 

 

But, PLEASE PLEASE PLEASE, don't forget item 3, it's just an email that you can copy and paste and it will stop any messy stuff. You can say you've been up front from the start just by sending that simple email.

 

Keep us up to date, you'll soon me changing your username to Iamnowoutofdebt in no time (if it's not taken that is).

Link to post
Share on other sites

It appears in a lot of banks T&Cs, you have to read them carefully to find it, its also in the Halifax one. Basically if you set up another account with the same bank they can give your details to anyone who had access to your old details.... it explains why if some company takes your money the bank can state that they 'deemed it owed' and were doing their duty.

 

I thought their duty was to protect YOUR money, not let anyone else take it at will! - Goes to show what reading T&Cs on a boring afternoon does!

 

Nice one Sillygirl! May have been boring but definitely constructive.

Link to post
Share on other sites

Thank you all for your advice. I am worried about Santander still letting the companies take the money from my account as I will have some paid in on the 27th and dont want these companies to raid my new account before I can do something about it.

 

I will go and try and open one of the basic accounts somewhere else tomorrow. I am starting to get nervous but have put aside the money to repay MiniCredit as they seem very scary and not willing to accept any payment plans.:|

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...