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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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seapring v Barclays


seapring
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hi,

 

yes, i sent the spreadsheet with the interest on to the court and barclays, when i filed and they have now stopped from that day, putting any more charges on the account. The interest was hard to work out as it was a combination of my allowed overdraft and the one caused by their charges, and my account fees. I now await the 16th june

 

 

thanks,

seapring

The interest i was refering to is the s69 interest @ 8% this is the interest on the charges from the date the penalty occured and as such this amount increases daily ... everytime you open your spreadsheet this figure updates . The interest that you are talking about is the interest that B's charged you

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Hi,

 

thanks for the quick reply saintly 1. One thing in their wording bothers me a little, it says:

 

 

XXXXXXXXX XXXXX

 

v

 

BARCLAYS BANK PLC

 

 

1. The particulars of claim do not provide details or particulars of the precise charges alleged to have been unlawful or the date thereof. To the extent it is alleged that the claimant incurred bank charges on the Claimants account for unauthorised borrowing (whether unpaid fees for returned cheques, "Paid Referral Fees" or any other such fees.), the defendant puts the claimant to strict proof of each charge and the date thereof. etc etc.

 

I sent them a copy of the charges and interest , as did the court, so what does this all mean please, do i have to resendd them the charges or is this just a standard letter of defence?

 

many thanks,

 

seapring

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once again, thankd for the quick reply. i read that i need to send the AQ to the bank and the court, so do i send a photocopy to the bank and the original to the court?,also i just have their solicitore name, so i assume i send the list of charges to them at barclays head office. Am i corect in this thinking ?

 

 

thanks,

 

seapring

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It's not compulsory to send a copy to the bank but always a good idea, so yes a copy to the bank is fine and the original to the court.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi Again,

 

In view of the subject announced yesterday where a judge is throwing out cases with barclays due to them never attending court, do I still send in the AQ with the attachments ssuggested by saintly 1?, as if still ok, will get it done on monday

 

 

many thanks,

 

seapring

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hi folks,

 

well its 1 week and counting since i took the AQ back and still no replies from anywhere, so just sitting back and waiting. I did get one mesage on my phone aking me to call barclays, but i the guy on the phone couldnt even pronounce my name right so i think i will just sit and wait.

 

 

seapring

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Hi All,

well the plot thickens. I have not heard anymore from the court since i returned the AQ. I have however received a "red letter" from barclays once again informing me that my overdraft is over the agreed limit, due of course to all the charges they have piled on, and saying basically that they want something done about it asap.

 

my question is do i give this letter to the court, or ignore it, or is there something else i should do. Any help greatfully accepted as usual.

 

 

many thanks,

 

seapring

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hi folks,

 

well it is nearing 2 weeks since i sent the AQ back o the ourt and have received no correspondence from anywhere including the court with a court date.Since barclays thretened to close my account over a wek ago, and most likely have, if that is the case, then i will proceed with a letter to the ombudsman and make a formal complaint.

 

What i would like to know, is how long it usually take after the AQ sent in to hearing from the court.

 

many thanks,

 

seapring

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Hi Folks,

 

Once again thanks to saintly1 for the reply. Today i received a letter from barclays informing me that my account is now closed and i have to return my cheque book and bank card.

 

having noticed that this is a usual tactic, should i now make an official complaint to the banking ombudsman about this, as i have noticed somewhere that it says to do so as it is classed as retaliation and is frowned upon.

 

I am still getting demands to repay the overdraft that consists of bank charges.

 

many thanks,

 

seapring

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Contact the Bank in writing pointing out that you consider the action that they have taken by closing your account to be retaliatory , and this is in direct conflict with the F.S.A. who have declared that banks should not take retaliatory action against their customers. Inform them that you will be making an official complaint to the F.S.A. Financial Services Authority

 

Hope that helps

 

saint

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Hmmm...

 

Apologies to my esteemed colleague here, but I take a slightly different view here. Bearing in mind that this is the first time I have come across your thread, and reading between the lines, it looks as if you ignored the letters they have been sending you regarding your o/draft. Please correct me if I am wrong.

 

Remember that your case is with their litigation section, so it is unlikely that lending/current account will be aware of it. From their point of view, they have a customer who is persistently ignoring a rapidly inflating debt, and has made no response to their attempts to be contacted.

 

With this in mind, I strongly suspect that the closure of your account is not a retaliatory action, but the standard action prior to default, and you are in a sticky situation. (Barclays are not in a habit of closing accounts, incidentally, so this confirms my feeling)

I think that you need to write to them ASAP advising them that you have a court action proceeding against them, that your account is officially in dispute, and that any attempt to register a default or taking you to court will be vigorously defended, and point out that your court action supersedes any they might be contemplating.

 

Remember that it is easier for you to stall any action from them than having to counteract them, so I suggest you do this as soon as you possibly can.

 

With this in mind, I suspect that any complaint to the FOS might not necessarily be successful, but that's in the future anyway, you can not complain to FOS now, as they will not look into a dispute which is subject to legal proceedings until the legal side has been resolved.

 

Your priority for now is to communicate with lending and let them know what is going on to stop any other action they are no doubt setting in motion as we speak. Don't rely on Litigation to tell them, this is something you need to do yourself.

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Hi Folks,

 

Thanks again for the quick reply saintly 1 and bookworm. I will send a letter to them today, as i thought that all departments would know what the other was doing. Obviously doesn't work in a bank.

 

 

Thanks again,

 

Seapring

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Hi Folks,

 

 

I have just received a letter from the court with a hering date, which makes me assume there are many claims going on here, as the date set is 22nd October 2007. The application for barclays case to be dissmissed obviously didnt work, so I guess i now just sit and wait for the date,

 

 

many thanks,

 

sepring

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hi,

 

just had a thought, would this be the time to contact the litigation team about a settlement as i have just read a post that itis thought that the banks may turn the tide later this year, and lso is it ok to contact them by e-mail as i have a slightspeecdefect and would be preferable,

 

 

many thanks,

 

seapring

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No, it is way too early for you to contact them with your court dat ein October.

As for the banks turning the tide, says who? Someone at A&L who interpreted the Hull hearings to their satisfaction? :rolleyes:

 

Let me tell you that in the 18 months or so that I have been on this forum, I have heard that rumour coming round a few times. :-D

 

Anyway, you're missing the key element here: It's not up to the banks to "turn the tides", it is up to a High Court judge to make a precedent creating ruling which would have to overturn over 100 years of established laws regarding penalties. Different perspective, huh? ;-)

 

How did you get on with Lending and the account closure?

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Hi Folks,

 

Many thanks again bokworm for your reply. The problem of the account closure etc sems to have come to a halt as i have not heard anymore from them since i wrote to them informing them of the court action.

 

When would you suggest i should phone the litigation team in regards to my claim?.

 

I read the article about the banks turning the tide in the daily mail .

 

 

many thanks,

 

 

seapring

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