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    • 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
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Cassie v Abbey *** WON ***


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Thanks Phil

 

Appreciate your help. We'll go with what you said.

 

On another "matter":

 

there are a few people on the CAG thinking that the guy who went to court today for "compensation" is "maybe a plant by the banks".

 

I realise he's "fighting" for something totally different to us but (am I being gullible) I believe in him.

 

Sorry for digressing:p . Would just like an opinion from someone who has gone "all the way".:D

 

Cassie

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Hello Cassie

 

Frenchy has just put up a post about this particular plum, as you have probably just read, its titled 'Unbelievable'!

 

I have'nt read a lot about this particular case, but repeating what has been said before, all of our cases come down to a point in Law. The charges are unlawful, end of story. The Law will have to be changed before the banks can even think of trying to justify their extortion!!!!

 

Do you think that the present government, with all the s*** this country is in at present, have got the time to deal with minor matters like this?

 

Hope this gives you a little more confidence!

Phil:)

This is only my personal, honest opinion!

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hi cassie,

 

Im also at the same stage as you AQ posted last week I also didnt advise of a goodwill gesture but I did ring the courts that said dont worry about changing as abbey will properly take it off the amount of claim anyway, but saying that I have read some threads that people have won and abbey have given them all the money they requested and forgot about the goodwill gesture so hopefully that will happen to us to???????

 

Will let u know when i hear back from court.

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Hello Cassie

 

Frenchy has just put up a post about this particular plum, as you have probably just read, its titled 'Unbelievable'!

 

I have'nt read a lot about this particular case, but repeating what has been said before, all of our cases come down to a point in Law. The charges are unlawful, end of story. The Law will have to be changed before the banks can even think of trying to justify their extortion!!!!

 

Do you think that the present government, with all the s*** this country is in at present, have got the time to deal with minor matters like this?

 

Hope this gives you a little more confidence!

Phil:)

 

 

Yes but if I was the banks I would be seriously considering putting someone forward with a weak case that they can use to create a "precedent" to stop the flood of claims they must now be experiencing from escalating further............ If he loses at the high court then that is binding on lower courts........would probably have to be overturned at the Appeal Court........would probably halt the small claim cases. Must admit I am highly suspicious too.......................

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Hello Josie

 

The case in question, from what I understand has been offered a full refund + damages!!!!!!!

 

There is no argument, from what I understand about the charges, the argument is about the damages, and why on earth would you refuse any sort of amount of damages?!!!!!!

 

At the most, everyone on this site is just happy with 100% + interest + costs! If they were offered damages as well, no matter how much they were for, they would snatch their hand off!!!!!!!!!!!

 

This is why that particular case is looking like a bank motivated one!

 

I'm going to have to read up a little more about this case, but I don't think it will have any affect on people putting in claims for their bank charges, only the extras that people may be pushing for!

 

Phil:)

This is only my personal, honest opinion!

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Hi, got your PM. Rationale is that they deal with claims in order of hearing date which at the moment seems like about 1 week beforehand. I guess it's a either a deliberate tactic (to see who gives up) of ignoring PRELIMs, LBAs and N1, then submit a standard defence (albeit a flat denial) and an AQ which suggests they're getting ready for Court; or maybe it's a by-product of them having to prioritise.

 

So any attempt to settle beforehand is almost certainly a complete and utter waste of time (they are not ready to and moreover don't want to); and you don't need to do it to get any brownie points for use in Court (because a) it won't get that far; and b) you can damn them well enough with their ignoring of PRELIM/LBA and flat denial defence). But worse, it betrays an eagerness to settle and suggests to them an unwillingness to take it all the way.

 

You're on the moral and legal high ground - let them come to you. A bit of time pressure on them to settle at the last minute will probably also work in your favour.

 

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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hi cassie how are you have you heard anything back from bank or court. I ran the court today that have said no AQ has been sent in from abbey and i should receive a letter from them this week so fingers crossed it will be over soon

 

do you know how everybody else is getting on at same stage as us?

i think there is 5 or 6 of us that filled in AQ within few days of eachother

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Hi All

 

We're all in the same boat (hopefully not sinking:D ).

 

No, I haven't heard anything either - still waiting.

 

I know what you mean about the postman - I've even started running out to greet him:) :D

 

Good luck to all - we must keep posting as there are quite a few of us at this stage - I've read so many threads I keep having to re-read to remember who's doing what:rolleyes: This site has got to me, think I'm rambling now:eek:

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hi lady E good to hear from u so your at same stage to then its so good that there is few of us at same stage as we can all help eachother without some of the help these people have given me i would have given up long ago.

 

keep me updated on my thread

 

take care

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Don't know if anyone agrees but I seem to be "congratulating" quite a few people at the moment.

 

Are they capitulating (think that's the right word:cool: ) at an earlier stage or am I just being optimistic?

 

Maybe I'm still asleep and dreaming:D

 

Where's that bl**dy postman...............

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Well, there's lots of congratulations threads, but they don't seem to be giving in any earlier or easier.

 

PS

 

It's 6 o'clock in the evening not the morning, so the postman's having his tea!

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Charley

 

Think I'm loosing the plot:D

 

One minute can't wait for the feeling of "winning" :D the next dreading the feeling of being the one who goes all the way to court and messes up for everyone:(

 

I knew from the beginning that it was a serious business taking a "bank" to court and I didn't start the procedure lightly and without a lot of thought, but at 3 0'clock in the morning things don't seem so "bright". (I know it's not 3 o'clock now:cool: ) but still feeling a bit low. I think it's the waiting - not knowing which way they will go now. As all of us are getting wiser I can't help but think they may come up with something else as well - just to make life a little bit more difficult for us:evil:

 

Anyway, enough doom and gloom:D onwards and upwards.

 

Let me know if you have any news.

 

Cassie

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Cassie - we all feel like that, but I honestly believe that is what Shabbey want us to feel like , so we will give up the fight!! I too am scared of messing up but hope with the help of this site that it wont happen , and if it does, some kind would will tell me how to get help . Looking at the success that Mad Nick and others are achieveing , we are not far behind.

 

Think positive, Think money, Think settlement = WINNING

 

Good Luck

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Morning Cassie,

 

Keep looking on the brightside, its nearly over now. As you get closer to the end of your claim it seems everyone is getting theirs sorted out before you, sorry it will probably seem more like that over the next little while as well.

 

I think people notice what stages people are reaching when they are there or thareabouts themselves. Also the increase in members on the site would also mean an increase in Wins so bound to be more to notice. (That seems way to logical for me at this time in the morning ;) )

 

As for going to court, no guarantees but its a pretty safe bet, It Won't Be You!!!

 

Will be keeping my fingres crossed for a swift resolution for you.

 

Regards

 

BB

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Well, still no news. My AQ went in on 11th April. Think I'm on same timescale as Lady E, Charley and a few others. Any news guys.........?

 

Had a phone call at work yesterday from an Abbey girl (didn't catch her name) asking me why there wasn't any money going into my account (I opened another account when I started this). I have an O/D limit of 1100 and I'm over 900 into it.

She asked me to make a payment there and then - I got quite flustered - I work in an open plan office and she was being very arrogant. I've already had a letter from them saying my O/D facility will be withdrawn on 1st June. Can they chase me for this money? as I see it, they owe me over £5K, when they pay me I will be in a position to pay them.

Feeling really shakey - any advice VERY welcome.

 

Cassie

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Hi Cassie,

 

I've heard nothing from the court but the plan is to give them a ring today, which is two weeks since I filed. I've had similar snotty phone calls (fortunately not at work ), so I've sent them the "Account in Dispute" letter from the templates, and heard nothing since

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Well, still no news. My AQ went in on 11th April. Think I'm on same timescale as Lady E, Charley and a few others. Any news guys.........?

 

My AQ went in also on the 11th April, I am just waiting on the judge to give directions now, it's been with him for over a week now so hopefully any day now I will get a letter from the court advising what he want's me to do.

 

Have you called the court to find out what's happening with you claim Cassie?

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Hi Marie

 

No, I haven't done anything since I handed in my AQ.

 

Should I be doing something.................. apart from having sleepless nights:( ,screaming:D and drinking myself into a stupor (not really;-) ).

 

Let me know if you have any news.

 

Cassie

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