Jump to content


  • Tweets

  • Posts

    • 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!  
    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

des celt v Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6274 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, all, am just putting together my schedule of charges and the prelim letter and I have a quick query that I am hoping someone can help on. I have two current accounts with the Halifax, a single (mine) and a joint (mine and my husbands) account. Can I combine both of them in one single claim or should I do two separate claims?

 

Looked everywhere and can't seem to find the answer to this - apologies if it's a daft question.

 

 

 

Thanks

 

Des

Link to post
Share on other sites

Des, mine was exactly the same and I combined and claimed the two together, even though they sent me two sets of letters for each account. If you do it separately, you'll have to pay two lots of court fees too. That was my thinking, so I kept it as one, and have recently had my claim settled in full. As long as you state both the account details in every letter, it's fine.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

i sent 1 claim to start of with for 1 account i have with them and i had intentions on sending a seperate claim for account number 2 , but when i rang to ask if they had received my letter the lady was very helpfull and said cause id sent 10 pound and they only charge 5 she would put a note on my account and automatically send me statements for both , which i received monday gone ;)

Link to post
Share on other sites

Yes hidden, sometimes if you call them they do send out statement for other accounts, but in effect, you only need one £10 for any accounts you hold with them..I didn't have to pay any extra than the tenner, and got info on both accounts with the one S.A.R. :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

what do i about my halifax one card cause i always get the impression it is nothing to do with the bank , would i have to send a seperate claim to the address stated on my regular statements for this 1 ? i pay 40 quid a month into that and every month i get 2 charges of 12 pound so not alot is being paid of it due to overlimit fee and late payment fee

Link to post
Share on other sites

what do i about my halifax one card cause i always get the impression it is nothing to do with the bank , would i have to send a seperate claim to the address stated on my regular statements for this 1 ? i pay 40 quid a month into that and every month i get 2 charges of 12 pound so not alot is being paid of it due to overlimit fee and late payment fee

 

 

Hidden, to avoid trying to hijack des's thread (sorry des!) give me the link to your thread and I'll respond on there....

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Excellent...good luck :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • 3 weeks later...

Been a while since I've been on! Internet/computer problems since Vista:mad: . However luckily my techie partner under undue stress from me has now fixed it all because today is my deadline from the prelim letter.

 

So I'm putting together my LBA and I have a question which I'm hoping someone/anyone can answer before I finalise - If I am not in default do I have to put the following section?

 

"plus a claim under ss.7 and 13 of the Data Protection Act 1998"

 

If I do have to put this in can someone explain exactly what it means please. I've searched but all I'm finding is threads about defaults.......

 

So would like to know exactly what I'm threatening the bank with!!!!

 

thanks

Des

Link to post
Share on other sites

No des, exclude anything that doesn't apply to your own situation. That bit is in red, as is the rest of the stuff relating to a default, so you should scrub those bits out since it's not applicable to you.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Thanks crash, you're a star :) :) I did think it was not applicable to me, I just want to make sure I get everything totally right.

 

I was going to ring the Halifax before the prelim deadline expired to see if they wanted to settle, however with no net access I couldn't find a decent number to ring. So I think I'll wait for another few days before ringing to see if they want to settle.

 

Must admit the thought of going to court is quite scary!

 

Des

Link to post
Share on other sites

Des, not much point wasting your breath calling them, on the very few occasions they might settle early but in majority of cases they take it right up to a few days before the court hearing date.

 

I know the whole court thing is scary but we're all behind you and it is highly unlikely you go anywhere near one!

 

Keep up the faith!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Thanks for all the info. I feel like you're my personal expert!! ;)

 

I'm reading and rereading the threads and sometimes it just seems so confusing and mixed. Some people seem to just ring an 0845 number and get money, others don't receive any response at all and others seem to have personal relationships with some halifax advisors!!!!.

 

I think I'm falling into the no response category. I've heard diddly squat. I've started to make notes in a document now so I can manage to do the court filing stage ok without information overload.

 

The faith is being kept and I'm converting others to the claiming charges belief :grin: :grin: :grin:

Link to post
Share on other sites

hi des , i just got a settlement from the bank on monday after ringing kim hollyoaks , she will personally look into your account on ringing her and what she did with me was ring me back within 20 minutes and said she would only offer partial payment , i said no chance , then she asked me how much i would settle for , the claim was £684 , i said £650 and she agreed straight away , i thought rather than have to file to court id settle

Link to post
Share on other sites

Thanks for all the info. I feel like you're my personal expert!! ;)

 

I'm reading and rereading the threads and sometimes it just seems so confusing and mixed. Some people seem to just ring an 0845 number and get money, others don't receive any response at all and others seem to have personal relationships with some halifax advisors!!!!.

 

I think I'm falling into the no response category. I've heard diddly squat. I've started to make notes in a document now so I can manage to do the court filing stage ok without information overload.

 

The faith is being kept and I'm converting others to the claiming charges belief :grin: :grin: :grin:

 

Lol Des, it's easy to follow threads you've responded to as you get email updates, that's why I always pop back in! It is all very random I'm afraid, some people do get lucky, others have to wait. You just have to be prepared for the long haul really, anything settled sooner is a bonus :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...