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    • 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
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      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.

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Order to attend Court for Questioning - Arrow Global


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Hello all, I am delighted to have stumbled across such a delightful forum and I am hoping someone will be able to help me with my situation.

 

In 2004 I took out a loan for £5k with HSBC for a family member who was down on her luck (silly I know).

The agreement was for her to pay the monthly repayments which she did for a while.

I moved from my area towards the end of 2004 and thus was unaware that the account had gone into arrears

as the family member assured me that she had been paying religiously.

 

I know I should have taken a more proactive approach in dealing with this debt but I didn’t think it would have come to this.

A few weeks ago I received a letter informing me that this debt has been transferred to my local court for enforcement,

Arrow Global is the claimant.

When I rang the court I was told that I am due to attend court on 24th September 2013 for an order for questioning.

Also a CCJ was registered against my name in November 2007.

 

I have contacted Arrow Global to see whether I could make an offer for payment, they transferred me to IND who isn’t willing to negotiate

and expect me to attend court on the 24th September to discuss my financial affairs.

 

Given that I have had no correspondence regarding this debt is there anything that I can do to avoid attending Court.

 

I have made a SAR to Arrow Global so I am just awaiting the information to see how much money was paid over the years.

The debt now stands at £5360.76

Any help will be appreciated.

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sar to the oc not arrows

 

HSBC

 

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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who got the org ccj too?

 

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 for your reply dx, I actually do not know who got the original ccj, I guess I will need to find that out. I did send SAR to Arrow Global as I was told that they possessed all the information regarding the account, given that they now own the debt. It does make sense to contact HSBC so I will certainly do that this week.

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try phoning northampton bulk court and ask.

 

you could also try

www.trustonline.ork.uk.

 

but you'll need to use your address at the time it was reg'd at ithink

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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you already have the CCJ - I would have thought as it's nearly 6 year's old they won't be able to collect on it. If you attend and advise that you neither knew you had it nor have been contacted about it since in spite of being on the electoral register that they'd struggle. Anyone?

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Just to update, I sent a letter to IND in an effort to set up a monthly payment of £200.00 to avoid going to court, but they simply said that I would still need to go to court in September.

 

As I recently started a Ltd company would I need to submit my company's bank statements as I am listed a a director or just my personal bank statements? I receive dividends and a salary through my company.

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You'd need to provide everything. Make sure that you prove to the court that you have offered repayments, but they have been completely refused.

 

Since it is an order to attend, you MUST attend. Otherwise you would be arrested.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I do intend on attending court but I was just thinking as my business account is in my company's name does the court have the right to request those statements?

 

They may be able to, if you are a sole trader and they want to see what money is being paid into the account.

We could do with some help from you.

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Hello all, I am delighted to have stumbled across such a delightful forum and I am hoping someone will be able to help me with my situation.

 

In 2004 I took out a loan for £5k with HSBC for a family member who was down on her luck (silly I know).

The agreement was for her to pay the monthly repayments which she did for a while.

I moved from my area towards the end of 2004 and thus was unaware that the account had gone into arrears

as the family member assured me that she had been paying religiously.

 

I know I should have taken a more proactive approach in dealing with this debt but I didn’t think it would have come to this.

A few weeks ago I received a letter informing me that this debt has been transferred to my local court for enforcement,

Arrow Global is the claimant.

When I rang the court I was told that I am due to attend court on 24th September 2013 for an order for questioning.

Also a CCJ was registered against my name in November 2007.

 

I have contacted Arrow Global to see whether I could make an offer for payment, they transferred me to IND who isn’t willing to negotiate

and expect me to attend court on the 24th September to discuss my financial affairs.

 

Given that I have had no correspondence regarding this debt is there anything that I can do to avoid attending Court.

 

I have made a SAR to Arrow Global so I am just awaiting the information to see how much money was paid over the years.

The debt now stands at £5360.76

Any help will be appreciated.

 

The courts only interest is in the income/expenditure of the debtor. If the Ltd co was not party to the judgment it cannot provide relief to the creditor to examine its accounts. I assume you are drawing paye? Try googling ex140 it should assist with understanding how the court collates the data

 

Remember to request costs for attending (CPR 71.4) if within 7 days of service.

 

£200.00 a month on circa 5k... seems a little crass of it to reject a sensible payment schedule.

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