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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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Interia Products Limited - ignoring my SOGA claim - Faulty Range Cooker


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Hi,

 

purchased a Range cooker (gas + electric) in June 2012. After about 9 months the central ring started playing up and they sent out an engineer a few times as it would start working and then stop again.

 

After about 15 months the oven/grill selector switch burned out.

 

We purchased the item for £500 and the retailers answer was pretty much what can you expect for £500? I believe that there is some element of the Sale of Goods that says items must last a 'reasonable amount of time' in accordance to the price paid. I'd deem something for £500 to last more than 15 months!

 

I sent the below after doing some research on the internet:

 

Complaint about faulty goods

 

I bought from you on 11th July 2012 a Chefmaster Range Cooker with accessories for £586.

 

I now find the goods have the following faults:

 

1. Faulty oven/grill selector switch

2. Faulty central burner

 

Under the Sale of Goods Act 1979 (as amended) goods you supply must be of satisfactory quality. As there was a problem with the goods when I bought them, I request that you provide me with a replacement.

 

I have made several attempts via telephone call to resolve this matter but have not been able to. This has been an ongoing matter for the last 7 to 8 weeks. Prior to this we’ve already have several engineer visits in order to attempt to resolve an inoperable central burner ring.

 

I look forward to receiving your satisfactory proposals for settlement of my claim within seven days of the date of this letter.

 

Yours faithfully

 

Letter was sent recorded post a few weeks ago so the time for them to act has elapsed. My question is - can I proceed with a Moneyclaim online for the amount or is there something else I can do? Quite happy to do the former by paying the fees etc.

 

Thanks for your help all :)

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you are quite right

 

name and shame the retailer please

 

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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you are quite right

 

name and shame the retailer please

 

dx

 

Sorry...... do you think I should press ahead with the Moneyclaim? Any 'technical' terms I need to include in there as I've never done one before. I guess beyond this, if they contest it, I'll need to furnish the relevant legal stuff to the judge as in my experience (in parking cases) they are not very clued up on everything.

 

Retailer is:

 

Interia Products Limited

Potters Lane

Wednesbury

WS10 7LH

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in any even you wold need to issue them with a 14 day letter before action.

 

I've changed the thread title

 

try to find a twitter feed to embarrass them into action.

 

once they know its on a consumer forum

 

companies typically respond quickly.

 

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 help :)

 

I've not found any type of twitter feed etc aside from a Fecebook page where I've posted a simple "please be wary of purchasing from Interia. Currently trying to claim money back under Sale of Goods Act"

 

I have found a template for a 'Letter before Action' but it's geared more towards bank etc. Is there a template in existence for Moneyclaims?

 

Thanks again

 

Jai

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there are threads here with soga orientated LBA's

 

how about ceo emailing

 

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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Hi jaipal

 

Have you got any e-mails regarding your complaints from Interia Products Limited? How did you pay for the Range Cooker?

 

Hi - no emails sent/received. They are a local business so mainly all over the phone. It was paid for on a Visa debit card.

 

Trawled some threads but still struggling to find a SOGA LBA ... will keep looking

 

dx100uk - tried most avenues of contact but not that one - not sure who the CEO is or how to get a hold of him.

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Hi

 

The only name I can find is Kerry Delaney who is a director and is listed as still being active as a director

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi

 

The only name I can find is Kerry Delaney who is a director and is listed as still being active as a director

 

Cheers for that silverfox - to be honest as it's been floating around for a while I'd rather just follow up with an LBA and then progress to court stage. Wife is moaning at me due to not being able to bake in the oven!! :)

 

I just need a suitable LBA now

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A simple letter stating that as they have previously ignored your representations you formally give them 14 days to resolve your dispute. If they choose to ignore the letter then you will file court papers with no further recourse to them.

 

There is no dedicated template letter as each situation is unique so you will have to do your own. By all means post it up here for a critique and then send it by RM Signed For to ensure you have proof they received it.

 

Some companies will react to a LBA but others don't think you are serious until the court claim hits their mat.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thanks mate - here's what I've quickly knocked up...

 

Interia Products Limited

Potters Lane

Wednesbury

WS10 7LH

 

3rd January 2014

 

 

Dear Sir or Madam,

 

Letter Before Court Action

 

Further to the letter sent to yourselves on the 3rd January giving you seven days to propose resolution, I have had no contact from yourselves.

 

I wish to inform you that should no proposals be forthcoming within 14 days from the above date, I will be proceeding with a County Court Claim against yourselves. You have failed to meet obligations as set out under the Sale of Goods Act 1979 (as amended) which states goods you supply must be of satisfactory quality.

 

I trust this matter will be given your utmost attention.

 

Yours faithfully

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I would make it 14 days from receipt of the letter as you will be able to check on the RM website. Otherwise short and sweet.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Forgot to add. It is unlikely that you will get a replacement as you have had 'enjoyment' of the product since 2012. They should offer a repair and if they cannot repair to offer a partial refund. It may be that they do offer a replacement gratis.

 

Have you contacted anyone to find out how much it would cost to repair?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I did have a qualified repair technician in but the difficulty with this is that the manufacturer has gone bust! These cookers do appear to have a known issue as my parents-in-law have the exact same one and their middle ring has also stopped working.

 

Unless somebody can find me a compatible selector switch it's pretty much unrepairable I think - you can 'bodge' it but as its an electrical product and I have 2 young kids I don't want to take that chance.

 

I'll go with the above and make the amendment you suggested on the date of receipt :)

 

cheers mate

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In my opinion, yes. Others may disagree as they may see it as a waste of time but, I see it as trying to ensure everyone is aware.

 

I would be saying something like:

 

Dear Mrs delaney,

Please find enclosed copies of my communications with your store regarding my issues which have not been resolved with the store and of which you may be unaware of etc...

 

copy in the original letter and the LBA.

 

It can do no harm and may do some good.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 5 months later...

Hi - the court date is schedule for September but I think they want to resolve it before then. I know they've offered my MIL a figure of £200'ish (for the same issue on a cooker she'd purchased).

 

Can I ask what the issue is around? Maybe we can possibly help each other out - I know they don't have a leg to stand on as retailers! Especially when I know of 2 range cookers with exactly the same fault!!

 

PM me if you wish :)

 

Cheers

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you cant PM to someone under a good few post

 

can I suggest MM you 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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Share on other sites

We purchased some bathroom vanity units from their ebay site but when they arrived they are different to the picture/description. I have contacted them but they just ignore me. Just about to send a letter giving them 14 days to resolve the problem.

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