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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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PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt . **DISMISSED**


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Hi all! in need of some help bit worried and dont know how to tackle this situation,

 

 

here are the details below:

 

there was a a very small iceland store that closed down on a side road where they must of had around 7-10 parking bays, this is still closed down and no business is running there.

 

 

i parked there for literally 5 minutes as i come back i got a PCN from parking and property management, there was a sign on the wall, i just thought 5 minutes as i was looking for a shop wouldnt be a problem!

 

Date and time: 21/02/2017 at 12.38

 

received a few notice to keepers

then a letter before claim

 

 

i have ignored all of this! from gladstones.

and unfortunately they are thrown away as i thought ignoring them would be fine.

 

 

on the PCN it says

issue reason 1: unauthorised parking

the vehicle was parked on private property in a manner where the driver agreed to pay a parking charge displayed on the signage at the site.

 

If this makes any difference please do let me know the name of the road one of the letters is mispeld on all of the letters received even on the claim form example being: turner avenue > tarner avenue

 

claim form states:

 

 

the driver of the vehicle registration xxxxxxx incurred the parking charge on 21/02/2017 for breaching the terms of parking on the land at iceland, xxxxxx

the defendant was driving the vehicle and/or is the keeper of the vehicle and the claimant claims £160 for parking charges/damages and indemnity costs if applicable, together with interest of £2.49 pursuant at s69 of the county courts act 1984 at 8% pa, continuing to judgement at £0.04 per day.

 

then accoss the page is says

amount claimed: £162.49

court fee £25.00

legal rep costs £50.00

total amount: 237.49

 

please help and advise as i dont know what to do!

 

Thank you!!!

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Hi and welcome to CAG

 

Can you copy/paste this

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket&p=4883055&viewfull=1#post4883055

 

here and respond to the questions including the post code of the area you parked

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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For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 21/02/2017

 

2 Have you yet appealed to the parking company yet? [Y/N?] N

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence?

I have which i chucked away,

no picture on was on that,

however on the pcn on winscreen on the back it says photographic evidence can be viewed prior to the internet payment by visiting the web address below,

please allow up to 24 hours after issue for picture to be avaliable to view online,

i never treid at the time however i tried today and it says

This PCN has been transferred to our Debt Recovery Agent

Please contact us if you wish to enquire about this PCN so cant view it.

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not sure as thrown away

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? parking and property management referred to gladstones solicitors

 

6. where exactly [Carpark name and town] did you park? it was outside iceland in slough which is was and is still shut down at the time just an empty building

......................... ....

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Difficult for me to find the store on Google street maps without a precise location. There are two stores open but they don't show closed stores

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 store is on farnburn avenue, slough sl1 4xt ( they spelt it as farnbarn avenue) which is incorrect.

the store was closed and still is as they have moved it to another location down the road

 

it is at the start of the road, i just looked on there it is all boarded up now, so you wont be able to see it is iceland

 

https://gyazo.com/a5c0567ab28f2f968024a6890872b7d9

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I have found the store on Google, it's on the corner with a car park behind. Unfortunately, I can't zoom into the car park signs so it will need a physical visit to get some images if possible.

 

There seems to be some signs outside of the car parking area too. Can I suggest that you look on the local councils website to see if they had planning permission for the signs on the day you parked.

 

In the meantime, go onto MCOL and acknowledge the claim but don't do anything else as yet. The real experts will be along later

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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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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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

 

text of CPR...

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

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 have found the store on Google, it's on the corner with a car park behind. Unfortunately, I can't zoom into the car park signs so it will need a physical visit to get some images if possible.

 

There seems to be some signs outside of the car parking area too. Can I suggest that you look on the local councils website to see if they had planning permission for the signs on the day you parked.

 

In the meantime, go onto MCOL and acknowledge the claim but don't do anything else as yet. The real experts will be along later

 

i will check this out and i will go and take some pictures today of the signs, the car park you are mentioning opposite Iceland i do not think has anything to do with them i think that is a different company i will take pictures of everything anyway!

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Name of the Claimant parking and property management limited

claimants Solicitors: gladstone solicitors limited

 

Date of issue – 15th june 2017

 

What is the claim for –

 

1.the driver of the vehicle registration xxxxxxx incurred the parking chargei on 21/02/2017 for breaching the terms of parking on the land at iceland, xxxxxx

the defendant was driving the vehicle and/or is the keeper of the vehicle

and the claimant claims

£160 for parking charges/damages and indemnity costs if applicable,

together with interest of £2.49 pursuant at s69 of the county courts act 1984 at 8% pa,

continuing to judgement at £0.04 per day.

 

amount claimed: £162.49

court fee £25.00

legal rep costs £50.00

total amount: 237.49

 

What is the value of the claim? total amount 237.49

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? i beleive it is parking and property management, but received letters from gladstones, i.e letter before claim etc

 

Were you aware the account had been assigned – thrown away previous letters so not sure!

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not at this stage get post 8 done

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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thank you for your reply, DX100

i am just about to do this now,

 

in regards to the cpr request,

can i copy and paste that into a word document?

and send it via post editing the parts i need to with my information.

and just to confirm i am sending this to the solicitors which are Gladstones?

 

also please see my next post i visited the site and took a picture of the sign,

but also there is another sign there for planning application

please see links for screenshots thank you!

 

Difficult for me to find the store on Google street maps without a precise location. There are two stores open but they don't show closed stores

 

https://gyazo.com/7f926b333445dfd35e91d8badb4417dd

https://gyazo.com/2601545eb65ecbdca4352333bd4cb4df

 

please click to zoom in and TAKE OUT SPACES OF LINKS

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well ofcourse you edit it!

if you read my post again

it tells you who to send it to

and you've re-quoted that above as well!!

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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upload

things as PDF please in future

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

the enq re planning permission is in respect to the signs that they had up at the time.

not the land

you'll have to ring the council and ask if PPM had planning permission for their signs

as they are NOT advertisement signs.

 

 

should be easy to buff this away.

 

 

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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the claim is their usual generic twaddle and can be challenged for its lack of showing a basis for what they are claiming for and why later,

 

 

the first thing you need to do is acknowledge the claim via either the N1 form sent to you or by opening an account on moneyclaimonline and filling out the necessaries.

The online bit wont allow you to do certain things but that wont matter at the moment.

Having ack'd the claim you get another fortnight to submit an outline of your defence.

 

 

as you have binned all of the paperwork we cannot be certain if PPM have suddenly changed their NTK's and followed the protocols of the POFA

but it is safe to assume they havent

so there will be no keeper liability and that means they are chasing the wrong person as the debtor.

 

 

The wording you mention regarding their reason for demanding money is wrong as well,

that is prohibition,

not a contractual consideration so sight of the signs would be good.

 

The contract between the landowner and parking co is probably between iceland as occupier (dodgy ground) and the parking co

so an empty site meands no contract with first party and therefore no contract with you.

 

 

all to be mentioned in the briefest of terms in your skeleton defence

but needed for the detailed stuff that may happen in 6 months -1 years time

( courts are busy with tens of thousands parking demands, mostly duff).

 

get cracking on the AOS,

the CPR31.14 request for into

and getting pictures of the site.

 

 

When you acknowledge make sure you then get the short defence reason in within a fortnight after that but dont be in a hurry and say the wrong thing

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the more you read the stronger we become

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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then you wait for the moment and about a day before the final date for submtting a defence you just send a short defence of something like

" no contract offered at the time so no monies can possibly be due"

 

 

if they havent responded to your CPR 31.14 request you can add to this

"the claimant has failed to show any authority from the landowner to enter into contracts with the public or to make civil claims in their own name. It is the defendants belief that the claimant has no locus standi"

 

everything else you want to say comes from the first point,

the closed store,

the signage,

the failure to show who was driving as POFA not complied to for keeper liability etc.

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so still havent heard anything back from them in regards to the cpr request, what is the next stage, where do i write and send my defence? i have had no letter through the post in regards to anything else do i wait for something? bit confused

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by day 33 you file on mcol website the defence eb indicates above

simple 2 line one

 

 

if you read that link again its all there

 

 

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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