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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
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Sygma/Creation Finance being difficult


piggywinkle
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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone 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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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx

 

Like you,

StepChange said that they have no legal right to see any bank statements etc.

but they're telling me that they're going to keep billing me for my contractual payments

and subsequent default fees (which ironically took me over my original credit limit = more penalty charges).

 

Yes, the debt is on my CRA files.

I took the card out in 2006.

I've never sent them a CCA request to be honest,

as when we move, any 'spare' money will be going towards my bankruptcy fees (which I haven't told them) so I didn't see the point.

Is it still worth doing?

 

I never opted into any PPI with them either so that's a dead end.

Edited by piggywinkle
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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

 

I thought a DCA may be easier to deal with than Sygma

- they have just been completely and deliberately obtuse from the get go.

 

I have been doing everything in writing though,

and I request to continue doing this at the end of every letter I send to them.

They invariably write back with, 'please call us on... to discuss your case further.' Errrr, nope!

 

The debt is for a CC.

The amount outstanding now is £2135.

It was just under the 2k credit limit before they started whacking penalty charges on for me being over my limit

(I was over my limit because they were putting on late payment fees for me paying less than my contractual payment!)

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then sar them and get reclaiming.

 

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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dx100s advice is what you need to follow, do you know what the charges are currently?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 months later...
My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

 

Hello. I have the same problem. i was trying to speak to them so many times, they are so rude and that's makes me upset. Just wanted to find out did you sort it out? What did you do? Kind Regards Ingrid

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hi

you wont get seen here

 

better to start a new thread

of your own

 

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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