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    • 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!  
    • 3rd one seems the best option, let 'em default, don't pay a penny, nothing will happen, forget about all of this. As for Payplan don't touch them with a bargepole, nothing they can do that you can't, and they will pocket fees. A do it yourself DMP is pointless as it will just string out the statute barred date to infinity.
    • Because that’s what the email said. Anyway it’s done now. Posted and image emailed.    im doing some reading in preparation for defence but I will need my hand holding quite tightly by you good people.  I’m a little bit clueless
    • why do you need adobe...use a pdf online website. all for now...no get reading up and do not miss your defence filing date no matter what. post it up in good time no!!    
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    • We have finally managed to obtain the transcript of this case.

      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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HSBC


craigten
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what are we going to do????:eek:

 

how will we cope?????:eek:

 

Is there anything on TV tonight worth watching???

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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I bought casino royal ages ago and have'nt watched it yet so might give that a go!

 

Also I am off to a huge auction tommorow in stockport. Old wagons, old cars, diggers and jcb's, tractors, tools ect so will have to empty the van and trailer just incase i get carried away!:D

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  • 2 months later...

Hi there,

today i had a phone call off a company claiming that they will claim back all my bank charges, i explained that i have already done this and how do they propose to get around the problem of the current stays imposed and the current court case, they said something along the lines of that it has already been proven that they are illegal and it is just the amount that is now being argued....

Any idea why they would say this? Are they just hoping that the banks will lose their case and the company will get lucky? They wanted 35 quid too!

just so everyone knows and if anyone/all of you would like to point this out to the terribly annoying operators, their number is [EDIT] thanks!!

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Hiya craigten, a lot of companies were set up last year to cash in on the easy money from people who didn't want to or couldn't be bothered to claim for themselves, these companies are now very short of work with all of the stays so they are resorting to cold calling in an effort to generate some cash for themselves.

 

with regard to what they told you about the test case this is rubbish, the current thinking regarding the first instance judgment on the section of the test case which is being heard now is sometime in May, this might or might not let us carry on with our claims.

 

pete

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Some of these companies really are the pits, - telling porkies and falsely raising the hopes of vulnerable people. :mad:

 

You're right ,pete they're probably getting desperate for business.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi, thanks for all your answers, please please please can one of you ring that number and explain/argue to whichever moron you speak to because i tried today (just because they wound me up by trying it on!!) and i would LOVE to read a rough transcript of the conversation???

Please someone do this, the operators on the phone really are morons....:mad:

 

[EDIT]

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Hi, thanks for all your answers, please please please can one of you ring that number and explain/argue to whichever moron you speak to because i tried today (just because they wound me up by trying it on!!) and i would LOVE to read a rough transcript of the conversation???

Please someone do this, the operators on the phone really are morons....:mad:

 

[EDIT]

 

i just phoned them, they charge you £39.99 for a pack so you can do it your self..lol,,

We give you all the information that you need to do it yourself.....

FOR FREE!

TOTALLY debt free as of 2007, Fantastic,

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Now, that's enterprising - if you don't know about CAG et al........:rolleyes: who can probably give you better info for nowt! :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Guest louis wu
Now, that's enterprising

 

enterprising - marked by imagination, initiative, and readiness to undertake new projects

 

parasite - Parasitism is a relationship between two organisms in which one organism benefits at the other organism's expense. Lice are an example of a parasite that affects many animals. ...

 

I think you were almost right:D

 

louis

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  • 1 month later...

Urgent :

 

Do not give out any details to any person offering to claim back bank charges from an unsolicited phone call. This has recently been notified as a phishing type [problem] : the relevant fraudsters will try to obtain your personal and bank details ' in order to reclaim your charges' then lo and behold you will find your bank acount emptied and your details used for all sorts of fraudulent purposes.

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  • 1 month later...

I get this phone call approx once every 2 weeks to my office at work. Its one of those automated ones. "Are you aware that the average UK consumer is owed over £1900 in bank charges"... The number is always concealed.

The wheels of the bandwagon must be buckling by now.. :p

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  • 5 months later...

Hi there, i know this may sound like a strange question but today i read in the Daily Mail an article that stated that 'Borrowers are being told that they can write-off their credit card debts and have the interest repaid because of a loophole in the law' Apparently 'Borrowers now have to prove their deal was based on an 'unfair relationship' rather than it was 'extortionate', this means a county court judge has to decide only whether the terms and conditions of a loan agreement are unfair to the borrower'. Has anyone heard anything about this please?

Thankyou-C

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The article relates to a firm that has been mentioned on here before, they charge you over £400 to look at each debt then if they succeed, big if they take 30 - 40% of the money you MAY get back.

 

they do nothing you cant do yourself for free.

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I have found the article and will refer it to Site Team for an opinion rather than posting it on here. It is quite an interesting article.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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The test case has nothing to do with Credit Card claims, these claims were never put on hold.

 

You can do a standard Penalty Charge claim against your card issuer, all of the template letters and particulars of claim are in the templates library and the process is exactly the same as a bank account claim :).

 

I suspect what the newspaper article is referring to is the fact that most credit card agreements (an loan agreements) appear not to comply with the consumer credit act, this has been apparent to CAG members for well over a year, just read any of the credit card forums or in fact any of the loan company forums and in law if certain criteria arn't met by the agreement the money you borrowed could be viewed as a "gift".

 

To find out about your credit agreement you need to send letter N from this thread :)

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

And heres a couple of threads that should get you started in the right direction once you have (or don't) your credit agreement :)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/83035-guidelines-requests-original-agreement.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/112860-will-you-get-payments.html

 

pete

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