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    • hit letter of claim follow post 2  
    • 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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Once you have issued proceedings, you can charge the 8% APR.

 

Not before - you can try, and wait and see what they say about it. I, for one, think we should charge them the same amount of interest that they charge us.

 

The 8% is allowed under the county courts act - if the courts haven't been involved then don't chance it.

 

If they have (ie, you have started proceedings) then you are entitled to the 8%.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Thanks for the reply.

 

They have until 11/04/06 to reply to my preliminary request at which time i can alter the amount i.e. omit the interest charge if i have no success at that stage when i issue them with a LBA.

 

I imagine if court proceeding go ahead i can then apply those charges.

 

Thanks for your help and i will keep you posted.A donation for books could be on its way.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello again just updating:

 

I telephoned Kenneth Graham(Senior Customer Relations Manager,Final Review Team) today to obtain acknowlegment of receipt of my prelim letter dated 28/03/06.

 

He tells me that the letters get sent to central mail handling for processing and then forwarded on to appropriate dept.

 

It is on the system and awaiting to be looked at as there seems to be a lot of mail at the moment and it is in a cue

 

An acknowlegement and response will be sent at some time and at a date he can not confirm.He tells me that my bank manager has also received the letter.

 

The 14 days expire on 11/04/06 at which time LBA will be sent.

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone.

 

The 14 days are up today, after the prelim letter, so I waited by the door for a letter to drop.

 

Sure enough, one letter from Halifax, a bank statement.

 

I am on my way to post office to send LBA via recorded delivery.They have not communicated with me in any way whatsoever.

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone.

 

I phoned Kenneth Graham(Senior Customer Relations Manager) for acknowlegment of receipt of my LBA.

 

Again this has been scanned on system and I am told that there is a dedicated team assigned to complaints of this nature and they will be actioned and responded to in chronilogical order and may take time.I reminded him that I am working to my timescale and as they have received these letters (signed for by recorded delivery) I shall be progressing forward as stated in my letters.

 

Time runs out on 26/04/2006 and I shall enter a claim with the courts.

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone.

 

Just to prepare myself for the forthcoming event of court action i have just visited the Moneyclaim website.The information required is for the name and address of whom I am claiming against.

 

Halifax being the obvious name but what address shall i use.

 

Is it the address I have been corresponding to and use Halifax PLC as the name or do i issue it for my local branch and get them to provide a representative to act on the banks behalf.

They have not corresponded with me so far nor do i expect them to so i am not sure who or where to issue the claim.

 

Thanks alot and i will keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone

 

The banks time has now ran out.

I have filled in the form on Moneyclaim online to issue proceedings and it is just waiting for payment which will be tomorrow for £120.

 

I had read on this site that if you are on certain types of benefit you may not have to pay court fees.I am on incapacity benefit but there is no set up on the Moneyclaim online for someone on benefit to bypass this or any way of deferring court fees, can this only be done in person at the courts?

 

Claim tomorrow for £2810, cant wait.

 

Vouchers for Bankactiongroup are not far away.

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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My parents have come to my rescue and have paid the court costs for me.

The money claim online states that this will be processed at 10am tomorrow so i shall just sit back and wait now.

 

Thanks to everyone for the support and help and good luck everyone.

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Thanks a lot for that Blindman have just printed a form off and i shall give it a go

 

Cheers.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone

 

I have just printed of my claim form from Money claim online showing that court action has startedand the Halifax have 14 days with which to enter a defence.

 

I live in the Southampton area but the claim has been entered into with Northampton County Court. If this gets to court can this be transfered to my local court or will i be required to travel.

 

On the Money claim online site it does not specify a court for it to be heard in. Do all claims on this site go to Noethampton or is it pot luck.

 

Any help or advice appreciated.

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Guest blindman

If it goes to court, it will be transferred to your local court

 

 

 

If the defendant files a defence and the defendant is an individual, the case will be transferred to the defendant´s home court. Where the defendant is not an individual (ie: the defendant is a business), the case will be transferred to your or your representative´s home court. This means that your claim will no longer be handled by the MCOL system.

 

I suggest you read the excellent Claimant User guide on MCOL

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Hello Blindman

 

Have been on that site and read the notes and once again you have been very helpfull

 

Thanks for that and I shall keep everyone posted as to how i get on.

 

Cheers

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone.

 

I have just copied this from the MCOL site,the claimant user guide is very useful and deserves a read if you get this far.

 

Claimant User Guide

Responding to a claim: defendant's options

The defendant has 14 days from the date of service of the claim to respond. The date of service is calculated to be 5 days from the date the claim is issued.

 

This effectively gives the bank 19 days before a judgement can be made,as far as i understand.

 

Mine was issued on 26/04/2006 which gives them until 15/05/2006

 

Keep you posted

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Guest blindman
Hello everyone.

 

....the claimant user guide is very useful and deserves a read if you get this far.

 

 

That's why I told you about it :D

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And I am glad you did

 

Just putting a helpful comment for others to follow.

 

I do see a lot of the same questions getting asked and this is because not everyone reads all the posts so as many mentions will be of help.

 

Thanks again Blindman you seem to have it covered.

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Once you have issued proceedings, you can charge the 8% APR.

 

Not before - you can try, and wait and see what they say about it. I, for one, think we should charge them the same amount of interest that they charge us.

 

The 8% is allowed under the county courts act - if the courts haven't been involved then don't chance it.

 

If they have (ie, you have started proceedings) then you are entitled to the 8%.

 

I agree Dave, they once bounced a standing order over 20 pence defceit in my account and then slapped me with the charges, seems like they can flaunt the law to line their own greedy pockets

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Hello everyone

 

I have just received a letter from Northampton County Court

 

Claim number 6QZ26798: Your claim was issued on 26/04/2006

The court sent it to the defendant by first class post on 26/04/2006 and it will be deemed to be served on 01/05/2006.

 

The defendant has until 15/05/2006 to reply.

 

I could just leave it at that and wait but does anybody think it would be advisable to send copies to the bank so that ignorance can not be a defence for them or the old `lost in the post and didnt receive` so they can drag it out a bit further.

 

Any advice a great help

 

 

Keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone.

 

Just to update;i have just checked MCOL as the claim is deemed to be served as of yesterday and there is no change.

 

This hardly surprises me as i have had no correspondance from the bank since i started on my quest, god forbid get an ackknowlegement of claim!

 

Will keep you posted.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone.

 

Just to update;i have just checked MCOL as the claim is deemed to be served as of yesterday and there is no change.quote]

 

As its deemed to be served and if they dont arrive at the court then the court should find in you favour :)

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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I am hoping that they dont acknowlege,then,come the 15th May i will have a nice windfall(repayment) and job done.

 

Keep you posted

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hello everyone.

 

Just been on MCOL to check progress;

 

Claim acknowledged this afternoon

 

Keep you posted

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Hi Sean

 

My claim with the Halifax is running at the same time as yours, can you keep me posted as to what happens with you and I will do the same?

 

I have had the same response as you to all my letters - zilch.. although I have received a letter from the court saying they intend to defend, but have heard nothing more so far.

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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I certainly will. I have added you to my buddy list as a reminder.

 

I have also received a letter with a notice to defend, the only acknowldgement so far.

 

Good luck.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

Link to post
Share on other sites

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

 

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