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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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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PPI claim/Direct Auto Finance(yes car)


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Hi there

 

I am not great with wording things so I will try my best here.

 

I took out a car with Yes car credit back in 03/04, I was young and stupid I know. When I purchased the vehicle the salesman told me that in order to purchase the car I had to also take out the PPI otherwise it would be declined, now in 2007 with only 8 months left to pay on the vehicle ( a vehicle I had paid way over the odds for in the first place) I became unemployed and fell behind with payments, a man rang me and said he was coming to collect the vehicle to be sold at auction as I hadn't made in payments in 2 months, no notices were served just a few phones calls from yes car and then a man saying I had to give it back which I found quite intimidating, almost bullying in a way.

 

At the time I did not know my rights my own stupid fault I just thought I had to hand the car back so when this man turned up at my door I did, all I was given was a tiny compliments slip to sign that was it. (I have moved house since and don't have it now) anyway the car was gone and sold at auction, I then began to get debt letters from Direct auto finance saying I still owed a few hundred pounds, demanding payments etc.

 

Then came the PPI scandals and I decided to refuse to pay as I don't believe I owe them anymore having paid thousands already and claim back the PPI. I have tried twice now with the company and both times have been told to get lost and that I signed and accepted to pay so it was tough basically. Then I started getting letters from DLC demanding payment so I complained again saying that I felt intimidated to hand back the vehicle and that in fact I had owned more of it than DAF and I believed the PPI was missold, they responded saying they would investigate and I got the usual response of it wasn't missold etc but they took the other part of my claim seriously and had passed it back to DAF to investigate further.

 

Now all of a sudden DLC have sent me a PPI questionnaire to fill out on behalf of DAF and are also continuing to investigate the claim of how the vehicle was repossessed. I am going to fill out the questionnaire but my question is am I wasting my time again as they stated the last time it was their final response, has anyone ever been successful with these people?

 

Hope this makes sense

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http://www.consumeractiongroup.co.uk/forum/showthread.php?428640-Help-needed-in-reclaiming-atleast-the-PPI-back-from-Yes-Car-Credit&p=4679581&highlight=daf+ppi#post4679581

 

have a read of this thread

and the UKDARREN one there too.

 

I suspect they owe you

and don't forget the repo fees

letters calls arrears etc

put in a claim for those too

have you all the statements

 

 

if not

get an sar running.too

 

 

per for now

I'd not rush sending that form back.

get the info

then we'll use the FOS one.

 

 

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 the form they have sent me is an FOS form,

 

I have got the SAR ready to go,

 

I am off work tomorrow so that is going off first class recorded,

will let you know when I get a response to that a

nd also see what other fees are on there.

 

I am certain there was only around £800 owing on the vehicle anyway

and they auctioned it off yet still claim I owe them over £500 something does not add up

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read those threads

all will become clear

esp the VT vs VS debacle.

 

 

bottom line is they fleeced 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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Share on other sites

  • 1 month later...

I have the SAR back from DAF

oddly enough a final response to the complaint I have not yet made regarding PPI lol

 

both arrived in the same week a few days apart,

 

I have not even filled the questionnaire in yet,

but they have sent me the standard response of get lost.

 

I am looking for a link to download the CISsheet etc.

 

Although I am not sure what to do about the response,

they also stated that as it is from 2004 I can attempt to make a complaint to the ombudsman but they were not regulated

 

I wont get anywhere?

do I give up now?

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you work out the % that PPIlink3.gif was of the original PCM figure - say 13%

 

so anything you paid on whatever date to whomever = 13% of that is PPI

you then enter these - EACH AND EVERY PAYMENT OF PPI INDIVIDUALLY ON ITS OWN ROW

into the statint sheet.

 

how to calc PPI....

http://www.consumeractiongroup.co.uk...-Viewing)-nbsp

 

spreadsheets

http://www.consumeractiongroup.co.uk...laims-Dec-2011

statint one for ppi

 

foslink3.gif CQ

http://www.financial-ombudsman.org.u...notes/ppi.html

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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  • 1 month later...

Hi

sorry for the delay in updating I have been waiting for the SAR to come back,

 

 

something I found Interesting firstly they are claiming that I still owe them 1552.39 which they are kindly offering to write off,

not sue why I haven't asked them for anything other than the SAR yet,

 

 

I find this interesting though as I have had a DCA company by the name of DLC chasing me for quite some time now only asking for around £500 or just under.

 

 

on the credit agreement I have also been charged £1295.24 for finance charges and an additional £300 as admin fees!

I am an administrator in profession and personally I'm now thinking I need to up my hourly rate!

 

 

I was also charged GAP insurance and the PPI which in total came to 2362.56.

 

 

I was paying 46.72 per month

Now I know that I only had around 8months of payments left when they took the vehicle.

 

 

my question now is

can I also claim back the other charges on here?

 

 

I also can't get the CIS sheet to open it appears to be encrypted

however I am at work so it could be our computers.

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lump the GAP and the PPI together as one claim.

 

 

the charges [fixed penalty sums like letter/phone/debt management/repo fees]

would need to be a sep claim.

 

 

CISHEET is an excel spreadsheet that is protected [need to click allow editing button]

and works in open office too

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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