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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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Domestic and General unauthorised DD - taken over £450 from me! Help!


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Hi, I'm hoping that someone can help me here.

 

I have just been sorting through my Direct Debits and have realised that I have been paying a DD monthly to Dom and Gen for 4 years

and I actually have no idea what for.

 

I realise that I must have agreed to some kind of warranty cover with them initially,

but I also know that I have no warranties on any of my appliances that are currently active so I have no need for this cover.

 

I am utterly confused and crestfallen because I am absolutely meticulous about keeping records of all correspondence on these things,

and have folders full of this type of info

but I have no letter at all from Dom and Gen that suggest that the cover is ongoing

or that an automatic renewal of the cover will be happening.

 

In addition to this, the cover started at £6.34 per month in March 2009 and has increased in amount every year since then, they are now taking £9.30 from me!

 

I have now cancelled the DD with my bank, but I really can't understand how it is OK for this to have happened.

 

I am usually so careful with these things,

but I tend to rely on correspondence that I get about these things to trigger my action,

and I haven't received any.

 

I read elsewhere on this site that companies MUST inform you of any change in the amount that your direct debit is,

and this has definitely NOT happened, as it would have alerted me to the fact that the DD was active for no reason that I was aware of.

 

I am really upset and feel badly taken advantage of.

 

I know I should have noticed the DD was there, but I have a large number of DDs set up for various reasons

and I must have just stopped questioning it because it's a relatively small amount and has been taken for so long.

 

I'm really kicking myself, but surely there should have been some contact or correspondence from them?

 

I'm going to write a letter to my bank and to D&G now, but any advice or support would be appreciated greatly.

 

Thanks!

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First thing would be to contact D&G and ask them for the information relating to this insurance. I have my washing machine covered with them and the amount taken has never increased, but i will now keep an eye on that. I dont remember if i set it up over the phone but im am 100% sure they did send paper work out relating to the insurance.

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phone your bank

 

get it all refunded under the DD guarantee

 

if someone is taking money from your account

 

they MUST write to you and inform you

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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there is no limit an the DD guarantee other than p'haps sec32

 

thank you annie71

 

i'll await the sidekick now

 

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

Thanks folks. I've contacted D&G and I'll phone my bank asap too. There has definitely been no correspondence each month, nor was there contact each year that the value went up. I'll let you know how it goes!

Nx

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  • 2 years later...

Hi, Ive just become aware that a similar situation has developed with a policy that i took out on a camera i bought at jessops, with 2 year cover. I never recieved the renewal notice and by chance saw the regualr amount they had been taking out for 3 years since it experied. I have phoned them, and they state their system says they sent out the letter each year, and as i didnt reply kept the policy live. I didnt recieve the letter. On friday their customer services team said they would refund the last year, and then inquire about escalting the complaint. Today they called and said they can only give me a letter of apology, and no refund and keep sayingh the same thing 'our system says we sent the letter', and i kept saying i havent recieved them to be able to make an informed choice of whether i want to continue, which i didnt, i had it insured by CIS insurance instead. I feel this is outrageous...if i had not of noticed i could have been paying for the years and years to come, no other insurance company does this. Is this legal, and why is it not written in big letters when you take out the policy. I shoudl have been informed at the point of selling.

 

I used to work at the financial services authority and this feel wrong to me . Can anyone provide help or advice ?

 

T

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Tajindersingh

 

 

Hi, Ive just become aware that a similar situation has developed with a policy that i took out on a camera i bought at jessops, with 2 year cover. I never recieved the renewal notice and by chance saw the regualr amount they had been taking out for 3 years since it experied. I have phoned them, and they state their system says they sent out the letter each year, and as i didnt reply kept the policy live. I didnt recieve the letter. On friday their customer services team said they would refund the last year, and then inquire about escalting the complaint. Today they called and said they can only give me a letter of apology, and no refund and keep sayingh the same thing 'our system says we sent the letter', and i kept saying i havent recieved them to be able to make an informed choice of whether i want to continue, which i didnt, i had it insured by CIS insurance instead. I feel this is outrageous...if i had not of noticed i could have been paying for the years and years to come, no other insurance company does this. Is this legal, and why is it not written in big letters when you take out the policy. I shoudl have been informed at the point of selling.

 

I used to work at the financial services authority and this feel wrong to me . Can anyone provide help or advice ?

 

T

 

 

Although this is a similar thread to the one originally posted you really should start your own thread as the advice on two within one thread could cause confusion...

 

 

Welcome to CAG...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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start a new thread

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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