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    • Agreed, let them default. Keep everything in writing, if they ring to discuss the accounts over the phone, simply say 'everything in writing please', and hang up. They'll soon get the message. Get all of your paperwork in order too, if you haven't got any, or are missing relevant documents, then you can SAR the original creditor, which is free and they have 30 days to supply the info. Keep a diary of events too. sit back and relax, YOU'RE in control, not them.
    • thought you said you had an sjpn? dx  
    • dont go near them bunch of scammers! ive removed ref. dx  
    • I used to post regularly in order to provide factual information (rather than advice) but got fed up with banging my head against a brick wall in so many cases when posters insisted black was white and I was writing rubbish. I have never posted anything which was untrue or indeed biased in any way.  I have never given 'advice' but have sought to correct erroneous statements which were unhelpful. The only username I have ever used is blf1uk. I have never gone under any other username and have no connection to 'bailiff advice'.  I am not a High Court Enforcement Officer but obtained my first 'bailiff' certificate in 1982. I'm not sure what records you have accessed but I was certainly not born in 1977 - at that time I was serving in the Armed Forces in Hereford, Germany (4th Division HQ) and my wife gave birth to our eldest.   Going back to the original point, the fact is that employees of an Approved Enforcement Agency contracted by the Ministry of Justice can and do execute warrants of arrest (with and without bail), warrants of detention and warrants of commitment. In many cases, the employee is also an enforcement agent [but not acting as one]. Here is a fact.  I recently submitted an FOI request to HMCTS and they advised me (for example) that in 2022/23 Jacobs (the AEA for Wales) was issued with 4,750 financial arrest warrants (without bail) and 473 'breach' warrants.  A breach warrant is a community penalty breach warrant (CPBW) whereby the defendant has breached the terms of either their release from prison or the terms of an order [such as community service].  While the defendant may pay the sum [fine] due to avoid arrest on a financial arrest warrant, a breach warrant always results in their transportation to either a police station [for holding] or directly to the magistrates' court to go before the bench as is the case on financial arrest warrants without bail when they don't pay.  Wales has the lowest number of arrest warrants issued of the seven regions with South East exceeding 50,000.  Overall, the figure for arrest warrants issued to the three AEAs exceeds 200,000.  Many of these were previously dealt with directly by HMCTS using their employed Civilian Enforcement Officers but they were subject to TUPE in 2019 and either left the service or transferred to the three AEAs. In England, a local authority may take committal proceedings against an individual who has not paid their council tax and the court will issue a committal summons.  If the person does not attend the committal hearing, the court will issue a warrant of arrest usually with bail but occasionally without bail (certainly without bail if when bailed on their own recognizance the defendant still fails to appear).   A warrant of arrest to bring the debtor before the court is issued under regulation 48(5) of The Council Tax (Administration and Enforcement) Regulations 1992 and can be executed by "any person to whom it is directed or by any constable....." (Reg 48(6).  These, although much [much] lower in number compared to HMCTS, are also dealt with by the enforcement agencies contracted by the local authorities. Feel free to do your own research using FOI enquiries!  
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willowthewysp v A/L


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Just a quick Hi to all!

Am just about to send off my pre-lim(?) letter to A/L.

I have been trying to print out my statements but so far all i get is 'internet explorer has encountered a problem and has to close'........getting suspicious as i dont have a problem printing anything else out!!!

Anyway, Today, i received a 'default notice' from A/L....i take it this is a bad thing!:-x

Will keep updates here...

xx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Just a quick Hi to all!

Am just about to send off my pre-lim(?) letter to A/L.

I have been trying to print out my statements but so far all i get is 'internet explorer has encountered a problem and has to close'........getting suspicious as i dont have a problem printing anything else out!!!

Anyway, Today, i received a 'default notice' from A/L....i take it this is a bad thing!:-x

Will keep updates here...

xx

 

Its not good however you can have it removed if it is because of charges.

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Well, in the end, it all comes down to charges....i am very over-drawn now, but if i didnt have the heavy charges applied, i would not be over-drawn!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Write and tell them that you are placing the account in dispute and they shouldn't take further action until the dispute is resolved.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thankyou!

 

Is it possible to try to get money back from 2 companies?...ie, a bank and a credit card?Or is that taking the p***?!

xx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Yes, although you may want to take one on at a time, it is never taking the p*** when they have taken it out of us for so long.

As for the default, they told me some time back that they issued one against me, checked the Credit Reference Agencies and there is not one registered by A&L, might be a frightener (they are quite naughty). However, I would check with with the CRA's to get the truth. Have you got a parachute account up and running?

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Thankyou!

 

Is it possible to try to get money back from 2 companies?...ie, a bank and a credit card?Or is that taking the p***?!

xx

You can claim from however many companies have had unlawful charges from you. You have done well if it's only two. Berserker is right about just doing one at a time, at least until you are more familiar with the process.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thankyou, Caro and Beserker...I will deal with A/L first then, then my credit card....they have been really naughty, so i will enjoy 'sorting' them out....i took out payment protection plan 6 years ago (was on benefits),when i realised i was getting charged every month and therefore going over my limit because of the charges and so on, i tried to use the payment protection plan as having paid £5 every month for 6 years would have helped a lot...i was told i couldn't use it as i wasn't working and shouldn't have been able to get the credit card in the first place due to not working! I am now going more over my credit limit steadily every month as i can only pay £10 a week to them!

 

And yes...i have an old natwest 'step' account which i am now using..(not good for much, but my money goes in and i can take it out!)

 

xxx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Do check the credit reference agencies, if they have logged a default against you, have a go at getting it cleared at the same time you claim the penalty charges back. Defaults are almost as negative on your credit history as CCJ's and will mean that if you go for a mortgage you will be unable to use the high street lenders (I know from personal experience). Search through the threads about this and as always read the FAQs, it can save a lot of worry.

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Well, have just managed to send off my first letter to the bank.

Am looking forward to receiving a reply...!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Ummm...I have to hold my hands up to being completely stupid!!

I have sent my pre lim letter to A/L...I didn't send it recorded!

Should i send another one or wait the 14 days?

Im SUCH an IDIOT!!!

x

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Received a letter today from A/L, I was a bit worried at first, but logged on to this forum and after reading through some of the posts, realise that this letter i received is pretty standard...

Its explaining that the OFT were reffering to credit card charges being unfair..not bank charges...A/L 'cannot accept i have been unfairly charged and therefore are unable to agree to my request for a refund of charges on this occasion'....they are sorry if i am disappointed with their response, but the 'charges have been raised correctly in line with the terms and conditions of my account and they must stand'............!!!

 

So, it seems i am on to the next step!!

Will have a good read of any information on here first, so i am sure of what i am doing...

 

I knew A/L would dig their heels in, but was kinda hoping they would give me a break!

(Mind you, they probably don't think they will here from me again!:lol: )

xx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Forget that last statement...Received a sod-off letter this morning!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Share on other sites

yes, that is a standard letter

continue with your claim

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Threads merged. Please keep your progress on one thread as it makes it easier to follow.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well,isent my Letter before action this morning,and i sent it recorded.

Am looking forward to receiving a reply now!

x

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Received a lovely letter from A/L today!...They obviously havn't received my L.B.A yet, or the letters crossed....I am over-drawn with them, and the debt is mounting as they continue to charge me, they are demanding a full and immediate repayment of the account!

If i do not pay immediatley, further steps will be taken to recover the debt and a CHARGE OF £15 will be raised on my account!!!!!!!

Oh dear!

Nevermind, i have demanded a lot more money than what they have!!!So they will get paid when i do!

xx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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I suggest that you write to the person who wrote this letter and tell them that the account is in dispute, and as such, no further action should be taken until the dispute is resolved.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Really? Ok i will do that, although i have just been informed by paypal (not A/L!) that my bank account has now been closed!

Nice!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Just to be clear, they have had your preliminary request for payment haven't they? If so then you have told them that you don't agree with the charges and are disputing them. If the account has been closed already it might be difficult to get it re-instated but if not, they should resolve the dispute before taking action. It would be as well to fight it in case they put a default on with the credit reference agencies which could affect your ability to get credit or a mortgage for the next six years.

 

If I were you I would transfer all your income, direct debits etc to a parachute account as a matter of urgency. Are your charges more than your overdraft? If so the returned charges will clear it and you can start off with a clean sheet in your new account.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes, they have received and responded to my preliminary request for payment, and i have sent them a L.B.A...they have closed my account and demanded full and immediate payment since then.

I have moved all my money and direct debits etc to a natwest step account.

And, yes, the bank charges are far more than my overdraft and more than the amount they are demanding, so the returned charges will more than cover any monies owed them.

I am sending the person who wrote the last demand letter a letter today explaining that my account is currently in dispute, although thay have already closed my account and they appear to have already defaulted me.

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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Right!

I have just received a letter from A/L regarding my letter before action.....Basically, they feel their charges are reasonable and are clearly shown within their literature etc so customers can make an informed choice of products before opening an account with them, blah, blah, blah.....!!!

As they write in their letter...'in view of the above, I regret to inform you that our original decision concerning the charges raised on your account must stand. I appreciate that you will remain disappointed and regret that I am unable to assist you further on this occasion'..!

 

So, I guess it is the next step for me then.....??!!

I don't mind admitting i am now VERY scared/worried/confused etc!!!:confused:

Although i have read through the steps i need to take, i must admit it gets a bit above my head from now on, so if there is anyone out there who can guide me, i would be very grateful!!

I presume my next step is to work out the interest???!!!

I will have another read through, and come back here with questions probably!!:p

xxxx

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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looks like we are at exactly the same stage with A&L. I also sent my LBA on 7th November and have had not one, but two standard bog off replies. I am going to do some more reading up on the MCOL and the courts before their 14 days is up and get it in next week!

Although I obviously took it off the spreadsheet before sending my letters to the bank, I had a look at and calculated the interest at the start of this process on the basis of the court's 8% to add on at the next stage. (I did not really understand how the overdraft interest calculations worked, and would not be happy to have to argue this in the unlikely event of this being defended in court!)

Alliance and Leicester: started 2/9/6, LBA 7/11/06.

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I beleive i am exempt from paying the court fees as we are claiming tax credits...i presume i need to send the EX160 form and wait for a reply before i can apply to the court?

As for the interest...i am still trying to understand it all.I have filled out a spreadsheet, which i think may be correct(waiting for conformation that it is correct before i use it!)

Anyway, good luck nackers!

Here's to getting back what A/L have taken from us!

willowthewysp

Action so far...

:!: Alliance and Leicester>>>PAID IN FULL:D

 

:!: Capital One>>>£1025.19

07nov06>sent S.A.R....

01dec06>statements received...

27jan07>sent pre-lim...

10feb07>sent LBA...

Court claim has been sent...waiting reply

:!: Payment Protection on Capital One>>>

23dec06>refund credited to account!

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