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    • The initial £75 Fee is separate to the the enforcement charges under fees regulations, in that the bailiff  is due to be paid on endorsement of the warrant by the EA, prior to enforcement.   It is not part of the pro rata payment under section 13 of the fees regulations.    In any case the OP says he had already defaulted on repayment to a plan set up by the bailiff, the bailiff would not have to send another  NOE in that case, neither do they have to acknowledge failure to keep to the terms of the agreement. They will, in my view, quite rightly, enforce forthwith.    
    • If you are in arrears with paying a court fine, then what happens is that HM Courts will send you what is called a Further Steps Notice. You have just 10 working days to clear the arrears otherwise, a warrant would be issued.    The court are not under any obligation to send more than one Further Steps Notice during the lifetime of the fine. In other words, if you had previously been late in making payments and had received a Further Steps Notice, the court are not required to send another one to you if you again default in payment.    If it is the case that you had not received a FTS, then you need to make enquiries with the Magistrate's Court. 
    • They just said it was fine I don't have to send them in. I am relieved definitely.
    • That's great, I bet you're relieved it's over. What happened about the bank statements?   HB
    • Thanks they were really understanding and ill just have to repay the over payment back thanks for everything 
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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IDEM Servicing MBNA debt - being total idiots


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usual story,

 

MBNA debt sold to these clowns, who assumed that our agreement with MBNA to pay £24 a month meant that they would get the same,

not a cat in hells chance,

 

came into some money

offered a F&F but they wanted an I&E (fat Chance),

 

we offered £10 a month,

 

they still insist that they cant accept any offer without an I&E,

 

we set up a standing order anyway and have been paying that,

 

They have now come back and Threatened to pass this on to a debt collector (arden)

 

This is like a red rag to a bull

 

raised an official complaint about the fool who has been "Dealing" with us.

 

they also threatened to default the account,

 

but I am 99% sure that MBNA have already done that which I have informed these fools of.

 

Now I am not at a total loss as how to deal with these idiots but,

quite frankly they are really getting on my nerves. so any advice / thoughts would be nice to receive.

 

another thing I have now cancelled the standing order so they can take a running jump,

until someone with a bit more common sense that the fool I have had the misfortune to deal with is replaced.

 

rant over

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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who owns the debt on your cra file?

 

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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I had dealings with these people too. I found that sternly worded letters, telling them exactly what I would be prepared to do quietened them down. They know their demands are pretty much unenforceable.

Even received an apology and £50 compensation from them for harassment.

 

IDEM Credit Servicing are a DCA, Arden are simply one of their collection teams. You're completely right about the I&E - when I was asked for one, I simply refused and pointed out in writing that only a judge can order me to provide one.

 

Best of luck with them!

 

H. x

Edited by citizenB

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Hi Halibut, tried this but the joker who is dealing with this debt is a right pillock, who can only spout the same drivel in every letter, so I have made an official complaint against them and told idem I will not deal with them until they put someone with a bit of common sense in charge.

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I would write to him and say thank-you for bring this to my attention I have reassessed my income and expenditure and now find that I am only able to pay you £5 a month then just keep paying that and ignore any letters unless they go to court.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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  • 3 months later...

now defaulted the debt and gave me 5 days to repay, letter took 6 days to get here, idiots

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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what a DN?

 

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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nope issued a DN about 3 weeks ago, this is a termination notice

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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is the DN compliant?

 

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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Yep, not got an issue with it, not got an issue paying this back, just don't like their attitude and their demands for an I&E so told em to go f*ck themselves and they will get £10 a month, which they have been getting for the past 6 months

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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had the same problem with Tesco this time, have been paying them for four years have managed to raise it from £1.00 to £5.00 over that time, this time they kept saying I need to fill in there IE, BOY they did not give up, kept saying they would take me to court so in the end done me simple one £ income £ outgoings money left over this is what your getting. There IE form is so personal, with questions like why did you get into debt, partners income if your sick send in sick note ( bunch of jokers ) so my three line IE is all there getting. Will see what they say.

[sIGPIC][/sIGPIC]Happyhippy1959

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there is more of a leaning toward at some point an I+e or common financial statement should have been done

by the time it gets to court

and some judges are rather annoyed its not been done by the debtor when/if it gets to them

 

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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Have you seen idems I&E,

 

its a joke - how much do you spend on chocolate etc,

 

they seem to think because I had an agreement with MBNA for £24 a month that that applied to them

 

I came into some money and offered a full and final which is when they went overboard with the whole I&E thing,

 

told them to show me the legislation they were relying on that allowed them to demand this info,

but of course they could not so told them to take a hike,

and would carry on the £24 a month,

but they then said that they still needed the I&E

 

told them that I had filled it out and realised that I could only afford £10 a month,

so thanks for making me fil it in,

but you still aint getting the info

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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ever looked at PPI/penalties

 

wonder why MBNA sold it?

 

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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