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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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Spiritgirl -v- Various DCAs


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Hi Spiritgirl.

 

I hope you've had a good break and that you didn't come back to too many horrible letters ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi again friends :)

 

Those plonkers at Crapital One have been in touch again...this time to send me a copy of EVERYTHING they have ever sent me in the past, including yet another copy of an application form which they are insisting is the CCA agreement and say they "trust this will now address my queries" and they "await payment in full".

 

I just wish they would get on with it to be honest because I'm sick of them wasting paper like this and talking such b******s! This time it was an A4 envelope stuffed full with cr*p.such as blank templates, blank agreements, general T&Cs which could refer to anyone, and a "screen print" of their notes of their last contact with me which states I keep insisting on receiving a properly executed CCA :o oh and a copy of the freepost application which they insist is the CCA.

 

They must have used a whole precious tree's worth of paper in writing all this drivel to me. :mad:

 

Do you think its worth writing and telling them to stop wasting paper, or should I just ignore it and put it in my file with the rest?

 

Anyone else received endless amounts of paperwork like this?

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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How excruciatingly annoying! Without re-reading your thread, i cannot remember, but have you made an official complaint? I would be inclined to ignore them now and just go through the complaints procedures and seeing if that makes them change their response.

 

Irritations aside, hope you're ok ;-)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi again friends :)

 

Those plonkers at Crapital One have been in touch again...this time to send me a copy of EVERYTHING they have ever sent me in the past, including yet another copy of an application form which they are insisting is the CCA agreement and say they "trust this will now address my queries" and they "await payment in full".

 

Anyone else received endless amounts of paperwork like this?

 

Love Spiritgirl x

 

YES - I did too!! My files are huge with papers all repeated over and over and over again - shame they've not the necessary documents isn't it? :D

 

Not the most environmental company are they?

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they must have been busy this week, I received a classic rubbish letter from them today, they have excelled themselves. They thank me for my letter and say they are sorry that I am having financial difficulties but they couldn't review the account as I didn't sign my letter. This actually beggars belief as I wrote and complained about the rubbish they kept writing to me and the fact that I, out of courtesy, felt the need to respond to such rubbish. It was actually digitally signed. The FOS are in the middle of negotiations regarding charges so I don't know where this came from today. However, I have had great fun putting together a suitable reply. Love to see Ms Billson face when she gets it. Duly sent copies to the FOS.

 

I think a nice sarcastic letter with plenty of humour wouldn't go amiss.

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Hi again friends

 

I have put together a suitable letter to them now. I can't post it on here as there are too many specifics and it would give away who I am if CrapOne are spying on CAG. Will let you know what happens next if they reply!

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hey Spirit.

 

Thank you for your congratulations on my thread! :-)

 

Just wondered if you had had a response to your letter to Crapital One?

 

I'm currently in litigigation with them for penalty charges. They offered to settle but I am currently disputing their settlement amount and they didn't address the fact that they had incorrectly obtained a CCJ (yes another one - sigh) against me. I had to send their settlement cheque (£900 odd) back to them, to keep my claim intact (ooh the pain).

 

They also sent me my application form and template letter for the default notice I should have (but didn't) receive and a template letter statement of default letter. They sent me their current terms and conditions and reckon they have complied with my CCA request :mad: .

 

I have kinda let this one lie for the moment as I am currently engrossed with my current court case against them, and two of my banks. Plus there was the small matter of having my CCJ against Crapquest overturned :p

 

I still want to take them to task with regards to my CCA request, so if you could PM your letter to them, I would be most grateful.

 

Apart from all that, it looks like you're still having fun with the DCAs :D . I wrote Robinson Way a really shirty letter and their 3 calls a day, every day to both mobile AND landline have miraculously ceased!

 

Keep smiling - you know that we're right behind you.

 

deedee xx

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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SG

I've started getting phonecalls from CapOne again and stupid letters. As my claim is with the FOS I have passed everything over to them. Had an email from FOS yesterday and she sounded annoyed at CapOne and she is passing the harassment part over to another colleague to deal with and insist that they refrain from any contact with me until negotiations have been dealt with.

 

I'm not sure what point they are trying to make with all their stupid letters, it doesn't solve any problems it just creates more work for themselves.

 

Hope everthing is going well with you.

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Hiya Deedee & Surprise :)

 

Well its all quiet on the western front here at the moment!! I am getting withdrawal symptoms now - no DCA letters or phone calls since I last posted on here :eek:

 

No word or phone calls from Crapital One since I sent them my last epic of several pages LOL. Deedee I will certainly pm it to you my friend. I hope everyone understands I can't post it on here because it would immediately identify me as I am sure they don't get a letter like that one every day :p

 

I have had all that paperwork you have from them Deedee; I don't know why they think they can justify their non compliance with a CCA by sending endless amounts of templates, blank t&cs, screen dumps etc, but I've kept everything in case they attempt to take this further.

 

Of course as soon as I hear anything at all from any of them I'll post back on here....but at the moment they are hiding under their respective stones :D

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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deedee yer in box is full luv !:p

 

Can you make a space for my pm pweese and I'll try again later!

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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deedee yer in box is full luv !:p

 

Can you make a space for my pm pweese and I'll try again later!

 

Love Spiritgirl x

 

Sorry Spirit! I've cleared some space.

 

Thank you :p

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Crapital One caught me unawares on the phone earlier, it being a Sunday evening and me thinking it was family calling :evil: First phone call in ages from Crap1.

 

Some guy asked me for my security details so I told him I wasn't prepared to give them as I didn't know who he was :p

 

He said "well ring me back then" cheeky sod!

 

I said I had no intention of phoning back and they have a letter from me to which I am still awaiting a response.

 

He "didnt know anything about a letter" but said I would continue to receive phone calls till I agreed to discuss things.

 

I told him that was fine if they want to keep getting charged for wasted calls!

 

Plonker!

 

I shall start making a note of when and what time they call now as if they continue I can feel a harassment letter coming on!

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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The same thing happen to me they phoned at 4.20 on a Sunday sometime ago and I gave them such an earful. Told them they were breaking the law. You need to complain to TS and OFT and advise them that CapOne are still breaking the law by phoning after 1.00 on a Sunday.

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"I shall start making a note of when and what time they call now as if they continue I can feel a harassment letter coming on! "

 

HA HA HA Like they'll take any notice? ha ha ha Keep a diary and then let the Judge get them!! :D

 

They sure are dozey in there!!

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Thanks friends :)

 

Which branch of TS is it Surprise? Is it my local one or theirs? I do have the details for the OFT already.

 

Elizabeth it beggars belief just how persistent these bar stewards are doesn't it? I have a BOX FOLDER full of their paperwork up to now, I'll need a wheelbarrow to transport it when and if they try the court route at this rate!:lol:

 

Thanks

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Its your local TS. However, what I did was write a letter to CapOne complaining to them about breaking debt collection guidelines and quoting the times, ie Sunday 9.00 am to 1.00 pm and told them the time they called and I copied it in to Nottingham TS and emailed it to my own TS. If you do copy in Nottingham TS, put a note in something like I believe you have received other complaints regarding Capital One and their times of phoning, when are you going to do something about it!

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Thanks friends :)

 

Which branch of TS is it Surprise? Is it my local one or theirs? I do have the details for the OFT already.

 

Elizabeth it beggars belief just how persistent these bar stewards are doesn't it? I have a BOX FOLDER full of their paperwork up to now, I'll need a wheelbarrow to transport it when and if they try the court route at this rate!:lol:

 

Thanks

Love Spiritgirl x

 

 

When I went to court in Sept (and the case was adjourned as per my PM to you) I took 2 box files and a deep lever arch file full of papers to court - Judges pile was as big too - HOWEVER my actual court bundle I'd kept simple much to Judges relief was a few sheets in a plastic doc wallet - I'd dwindled it all down to focus on a single document = the CCA !!

 

Seems many of these companies will try drown us in papers to knock the focus OFF the CCA - don't let them do this to you keep it simple and use my skeleton argument as your basis and then build onto it as YOU want to move onwards http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

It's a very clever plot by them to move the focus off the CCA into other issues. Just let them play their games and let them send all this paperwork - and then watch Judges face light up when you sit and explain to them that all you want firstly is a "single document" a CCA - it is priceless really - because at that moment the Judge looks at CAP1's mountain of papers (which are uncalled for mainly) and he realises the simplicity of your request :lol: :lol:

 

Just let them keep playing their games - your court date will come soon enough - then you'll see how smart they are NOT !! :D

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Elizabeth1 - that piece of info is priceless. It certainly makes lots of sense. I would love to have seen the judge's face :p

 

Hey Spiritgirl, let us know if TS respond. Hope you're ok ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Elizabeth1 - that piece of info is priceless. It certainly makes lots of sense. I would love to have seen the judge's face :p

 

Hey Spiritgirl, let us know if TS respond. Hope you're ok ;)

 

 

It's like a "lightbulb" moment really :lol: :lol: (hilarious !!)

 

What was even funnier was before we were due to exchange bundles I did email CAP1 saying did they want to negotiate and settle - they emailed back saying see you in court etc.. (or words to that effect ha ha)

 

Somehow they didn't include this correspondence within their bundle

 

I showed Judge the emails to indicate I did try again to settle and they'd refused - Judge was not impressed by this as we ALL KNOW court is the last resort - so CAP1 need to be so certain of what they are doing now as they WILL be in bother.

 

I've not had so much fun in ages!!

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