Jump to content


  • Tweets

  • Posts

    • Agreed, let them default. Keep everything in writing, if they ring to discuss the accounts over the phone, simply say 'everything in writing please', and hang up. They'll soon get the message. Get all of your paperwork in order too, if you haven't got any, or are missing relevant documents, then you can SAR the original creditor, which is free and they have 30 days to supply the info. Keep a diary of events too. sit back and relax, YOU'RE in control, not them.
    • thought you said you had an sjpn? dx  
    • 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!  
  • 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

Mrs S v Lloyds


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6210 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!

 

i'm claiming £792 plus interest back from lloyds. I sent them the initial letter asing for my money back, I got a reply saying that they weren't going to pay me, so i've sent them a letter saying that if they don't pay i'll go to court.

 

that was over 2 weeks ago and i've not heard anything.

 

My lloyds tsb account was opened when i was in england, i've been up here for 3 years now.

 

i've noticed people saying that i shouldn't make multiple claims to get it up to £792 plus interst, and that i should go to the financial ombudsman instead. How do i do this>? is it successful? etc etc etc can i do this now or do i need something else from the bank first?

 

 

 

please help! i'm feeling lost!

Link to post
Share on other sites

Hi

 

Now, you do as you have said in your letter, you take them to court. Why would you want to go to the finanacial ombudsman, when a summary cause action in scotland allows you claim up to £1500. The financial ombudsman is helpful for people whose claims are over £1500 in scotland. If my claim was for under £1500, i would certainly use a summary cause action, as the ombudsman service could take very much longer than this to be successful.

 

Hope this helps, you should now go and read on the forum how to go about bring a summary cause actions against your bank

Good luck!

 

Linda

Link to post
Share on other sites

The FOS may or may not take longer than the court route (depends on your court). Two reasons for choosing FOS is:

1. you don't have the hassle of going to court and filling in court papers.

2. The bank gets fined £400 for each complaint the FOS looks into.

 

At the end of the day its your choice. Link to FOS website to help make up your mind our complaints procedure and how to complain

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

thanks for the replies guys. How do i go about a summative cause action - i've never heard of it before! It is tempting to go to the financial ombudsman simply because it takes the pressure off me, but i want to know all the facts about all my choices before i decide.

 

thanks again, and any info on the summative cause action greatly appreciated

Link to post
Share on other sites

so what sort of timescale would i be looking at for a summary cause action? can i just toddle of to my local sheriffs court? and do i put the head office address for lloyds bank in that box? I never know which address to put for them.

Link to post
Share on other sites

The address you should put for the defendant is

 

LLOYDS TSB SCOTLAND PLC

HENRY DUNCAN HOUSE

120 GEORGE STREET

EDINBURGH

EH2 4LH

 

You would be looking at a 6 week timescale. You cant just toddle off to the court, you would have to read up on exactly what a summary cause action is before embarking on it.

 

As many people insist on advising, the forms ARE pretty much identicle, and logistically the only difference between summary cause and a small claim is you have to get a sheriff officer to serve the papers, but, the consequences should you go to court and lose are greatly different.

With a summary cause you have increased liabilities and would could possibly be left with a hefty bill for expenses.

 

Now, i have succesfully used the summary cause action twice, including contractual interest to make things more interesting, but, this does not entitle me or anyone else to advise you to go down this route. It is easy enough to sit here and tell you what to do, but at the end of the day it is you who would be liable and therefore your decision.

 

S

Link to post
Share on other sites

Right. I've read and i'm going to go with the ombudsman. I'm terrified at filling out the form in worng though. (you wouldn't believe i've an MSc in an intelligent suject would you?)

 

i've printed it out, but am not sure about several of the fields. Firstly the address of lloyds bank - is there one in particular - probably not the scottish one posted earlier, as my bank account wasn't held in scotland. Secondly - the date of it - now i am claiming charges from a range of dates do i just sort of fit that in somehow.

finally the 'tell us what your complaint is about' do i jsut paraphrase my original letter to the bank, as that puts it quite succinctly?

 

 

terrified and nervous

 

thanks

 

 

t

Link to post
Share on other sites

First of all the address - you can just put in your branch address.

Secondly what the complaint is about - the complaint is about the unlawful levying of charges on this account from the period of x date to y date.

You will need to supply a list of the charges, the amount and when they occurred. Also you need to tell them if you want to claim interest (I would ask them to apply interest at their discretion, although point out a court would automatically award 8% to a successful claim). If you have a list of the charges in a spreadsheet format I would suggest you attach it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...