Help & Advice

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imy0786
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#1 Help & Advice

Post by imy0786 » 26 Nov 2017 12:46

On Thursday I had a Marston bailiff at my door, regarding Court driving fine of £1100, I explained to him that i cant pay in full, and he tile me that he is going to take goods away, I explained that I cant pay now and will pay instalments to sort this out, he then said he will go and get a magistrates court order to gain entry by force,

Today Sunday 26th November he called and said he has applied to the court for warrant to gain entry, and said he will take goods, i explained that the goods belong to my wife and she own the house, he told me that will make no difference at all and the case is criminal, how is a speeding fine criminal, he told me that it is not worth his while taking instalments,

i have tried to call the courts but they told me i need to deal with the bailiff directly, i called Marston they also told me that they cant do anything and i have to talk to the bailiff directly,

can anyone help and advice, I am willing to pay but cant in one payment


thank you

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#2 Re: Help & Advice

Post by Schedule 12 » 26 Nov 2017 14:21

Did you learn about the conviction and the fine AFTERWARDS, or were you aware that you were being prosecuted?

I can give more appropriate help.
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#3 Re: Help & Advice

Post by Schedule 12 » 26 Nov 2017 14:28

imy0786 wrote:
26 Nov 2017 12:46
he then said he will go and get a magistrates court order to gain entry by force,
He does not have a right of audience to apply to a magistrate to apply force to gain entry or to break entry.

The law does have standing power to enter by force, but as Marston is a commercial company out to make a profit, it is too risky to break entry because the bailiff company pays for months of litigation that follows with zero prospect of making any money back.

Marston used to have a policy of producing forged warrants with an increased sum of the amount the defendant was fined. That policy ended when a bailiff pounced on an MP's daughter who complained. The bailiff was arrested for fraud and in his police interview, the bailiff admitted it was his company that encouraged him as part of his bailiff training to used forged court documents.
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imy0786
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#4 Re: Help & Advice

Post by imy0786 » 26 Nov 2017 18:34

Hii

Thank you for the replies, I only found out after the convictions,,

So i don't have to worry about the forced entry? I am going to pay but at this moment it is difficult and I was going to transfer as and when i had some spare.

Im just a little concerned when I am away from home they may turnup with a Locksmith,

Also the bailiff called me on my Mobile this morning on a Sunday are they allowed on Sundays

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#5 Re: Help & Advice

Post by Schedule 12 » 26 Nov 2017 19:03

imy0786 wrote:
26 Nov 2017 18:34
Hii

Thank you for the replies, I only found out after the convictions,,
You don't need to pay anything. You make a statutory declaration which nullifies the conviction and the fine. Its puts the bailiff problem to bed.

Here is more: http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm

Template.

Also the bailiff called me on my Mobile this morning on a Sunday are they allowed on Sundays1

Bailiffs can call any day of the week -Regulation 12 of the Taking Control of Goods Regulations 2013


Except for religious festivals (e.g. Christmas. Easter etc). - Paragraph 55 of the Taking Control of Goods: National Standards 2014 (religious festivals)
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#6 Re: Help & Advice

Post by imy0786 » 26 Nov 2017 19:16

ahh thank you, how long will this take, incase they come back tomorrow or Tuesday,, they only came on Thursday and he told me today he will be back with a court order tomorrow, I think maybe he was bluffing it.

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#7 Re: Help & Advice

Post by Pote Snitkin » 26 Nov 2017 20:25

Do you know which court to send the stat dec to?

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#8 Re: Help & Advice

Post by imy0786 » 26 Nov 2017 20:38

I do yes, HMCTS NORTHUMBRIA

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#9 Re: Help & Advice

Post by Schedule 12 » 26 Nov 2017 21:05

imy0786 wrote:
26 Nov 2017 19:16
ahh thank you, how long will this take, incase they come back tomorrow or Tuesday,, they only came on Thursday and he told me today he will be back with a court order tomorrow, I think maybe he was bluffing it.

The enforcement is void from the time you give the notarised statutory declaration by RECORDED DELIVERY post. The time will be printed on the certificate of posting (looks like a till recept) given by the post office.
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#10 Re: Help & Advice

Post by Pote Snitkin » 27 Nov 2017 09:02

Imy, I notice you've posted this elsewhere and got a barrage of abuse for your troubles. I'd steer well clear of that site. For the record, the ignoramus who says that the bailiff can take items belonging to your wife is talking his usual BS, as is the fool who says working away is no excuse.

The fact remains that you were unaware of the conviction until after the event and the law says you can make a stat dec and rewind the proceedings back to the start. You don't need to 'make an appointment' for the stat dec as the third idiot on that site says - the law is clear in that all is needed is for you to give the notice.

That site is well known for their 'tough, pay up' stance with bailiff issues.

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#11 Re: Help & Advice

Post by imy0786 » 27 Nov 2017 11:04

thank you all for your great advise,

I will do this today..


:)

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#12 Re: Help & Advice

Post by imy0786 » 27 Nov 2017 11:30

I spoke to the courts, just to get some details, they told me I cant post this, and also I need to attend to submit the Statuary declaration in person with a solicitor, and i need to go to the court that does the Admin in Sunderland and not the court that the hearing was heard in Gateshead.

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#13 Re: Help & Advice

Post by Pote Snitkin » 27 Nov 2017 11:43

They are talking absolute guff. Attend with a solicitor? I hope you got their name.

If it was me, I'd ring back and ask for the court manager and advise them what you've been told and advise them what the legislation states:

14 Proceedings invalid where accused did not know of them.

(1) Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if—

(a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and

(b) within 21 days of that date the declaration is served on the designated officer for the court,

without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.

(2) For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

I find it astounding how ill-trained these court staff are.

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#14 Re: Help & Advice

Post by Schedule 12 » 27 Nov 2017 15:19

imy0786 wrote:
27 Nov 2017 11:30
I spoke to the courts, just to get some details, they told me I cant post this, and also I need to attend to submit the Statuary declaration in person with a solicitor,
This is the practice of Court service staff to tell debtors to attend court to make a statutory declaration. They will ambush you with an impromptu kangaroo hearing and reconvict you in an ad-hoc trial.

I don't know why you needed to telephone court service. They will mess you about. Just do what the law says, which is send it by RECORDED DELIVERY. Section 14(2) of the Magistrates' Courts Act 1980:



  • ... a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.
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#15 Re: Help & Advice

Post by Schedule 12 » 27 Nov 2017 15:23

Pote Snitkin wrote:
27 Nov 2017 11:43

I find it astounding how ill-trained these court staff are.
It's actually intentional.

Parliament is investigating it, but I have a feeling Section 14 might be amended to delete the provision to send an SD by post or deliver it, but to require defendants to attend in person which may result in convictions without being allowed to prepare a defense.
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#16 Re: Help & Advice

Post by Schedule 12 » 27 Nov 2017 21:12

https://www.consumeractiongroup.co.uk/f ... ost5080666

Although a Section 14 Statutory Declaration is provided for under the Magistrates Court Act 1980, it is important to realise that the actual procedure for the making of a Section 14 Statutory Declaration is outlined under Criminal Procedure Rules and in this respect amendments were made to the Criminal Procedure Rules approx 2 years ago.
Can anyone point to these amendments?



The applicable legislation is Section 14 of the Magistrates Court Act 1980. Once accepted, the warrant of control will be revoked
Can anyone point to the CPR's or PD that require a section 14 SD to be "accepted"?


What will happen at the Statutory Declaration hearing?
Can anyone point the CPR's that require a "hearing" to make a statutory declaration?


The position now, is that the court must re-hear the case against you as soon as possible and in almost all cases, this will be done at the same time as the court consider your Section 14 Statutory Declaration. It is vitally important that you attend the hearing.


Section 1 of the Magistrate's Courts Act 1980. The client hasn't even been summoned.



It's just that MOJ has never mentioned this when an MP approached them on behalf of a constituent, querying the policy requiring a plea before being served the prosecution witness statement and evidence.


For those less informed, the author of those posts is featured in this article. http://www.quatloos.com/Q-Forum/viewtopic.php?t=11184

The website owner is: https://marstonholdings.co.uk/team-member/marc-gander/

Treat the advice given appropriately.
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#17 Re: Help & Advice

Post by Pote Snitkin » 27 Nov 2017 21:54

Did you notice on that Quatloos thread that she never once answered any of the questions?

I've spoken to three solicitors since she started going on about these 'appointments' and 'plea indications' last year and not one of them were aware of such a change and they all agreed that it's a nonsense that someone is to indicate how they will plead before even knowing the charges and evidence.

Whoever made those CPR changes has made a major balls up and that is where the focus should be. How can any sane justice system ask someone to make a plea before being given the facts? Perhaps in some ISIS hellhole, but here?

Not once has she questioned the absurdity and injustice of this 'procedure'. In any case, the MCA is clear that a SD can be sent via recorded delivery - the CPR cannot over-rule that.

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#18 Re: Help & Advice

Post by Pote Snitkin » 27 Nov 2017 22:17

Well, I've gone through the relevant CPR, and nowhere does it state that an appointment must be made - in fact it outlines the procedure for if the accused is absent when the SD is served. Why does she continue with this misinformation?

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#19 Re: Help & Advice

Post by Schedule 12 » 27 Nov 2017 22:33

I had a feeling she was posting rubbish again.

I can see why imy0786 came over here after reading all that crap on CAG.

Nobody offered him any practical help. Just questions and judgmental comments.
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#20 Re: Help & Advice

Post by Pote Snitkin » 27 Nov 2017 22:48

The latest guff she posted was just a copy and paste from her own site. She claims the MCA has been amended with alterations to how a SD is served. Erm, no it hasn't dear - please show us where if you believe so.

It's no good claiming that 'all' Magistrate Courts insist on an appointment - the legislation and CPR both say a SD can be posted or even simply left at the court. There is no provision or demand that an appointment must be made.

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#21 Re: Help & Advice

Post by John The Baptist » 29 Nov 2017 20:02

The woman is a raving lunatic and an out and out liar. Not only does she not have a clue what she is talking about but she rarely actually posts help anyway. She loves to tell people what they should have done, which is exactly what she did in the case of IMY. What possible benefit can be served by telling someone what they should have done? It is just a ploy to provide her with a platform to post what she loves posting, ie "Look at me and how clever I am"

For those who don't know, Sheila Harding AKA Bailiff Advice is an OAP in her mid sixties. She spent most of her adult life as a housewife before deciding in her mid to late fifties that she was an expert on bailiff matters. People need to ask themselves why bailiffs all point debtors towards Sheila Harding to help them. It is a very unhealthy situation - Bailiffs help nobody other than themselves and despise anybody who challenges them, from the LGO all the way through to the Citizens Advice. Ask yourselves why they see Harding in a different light.

This is Harding's latest:
I assist hundreds of individuals every week with bailiff enquiries
Just for comparison, I looked after Jason's helpline when he went to Hong Kong earlier this year. I had 5 enquiries in a week. Let's just say Harding has 200 enquiries (which is the minimum that "hundreds" can mean) In a 40 hour week, this would mean 5 people that she assists every hour. Absolute bol%%ks. The woman is as slippery and slimey as they come. This claim proves it.

And with regards the thread in question, although he is an absolute idiot, the advice given by DX was the correct advice. A complaint should be instigated.

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#22 Re: Help & Advice

Post by Pote Snitkin » 29 Nov 2017 20:33

She's at it again on the 'Kiknik' thread, giving out pointless info, defending Marston's and even suggesting the OP was calling the wrong number.

In regards to the 'hundreds' of enquiries, she must be working 40 hour days, what with the posting on several forums and blogs, trawling FB sites, attending meetings and conferences, and watching this forum. She obviously never stops to eat, sleep or have a piss.

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#23 Re: Help & Advice

Post by Amy » 29 Nov 2017 22:36

Tena make a good workaround...!

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#24 Re: Help & Advice

Post by Pote Snitkin » 30 Nov 2017 07:21

Eeeeeeeeew.

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#25 Re: Help & Advice

Post by JimUk1 » 03 Dec 2017 22:44

Clive Oddy the newsagent is the latest to show CAG in it's true light:
Which company?
Let the obsession go Oddy, you tool. Not only DCBL charge sale fees and not all DCBL agents charge sale fees either. Stop pretending that you know who charges what.

What difference does it make what company?
Dodgeball: As the discerning viewer will realise , I was aware of the mistake in the reply when I posted it

:lol: Of course you were Dodgeball - It was purely coincidence that you only mentioned it after it had been pointed out to you on here.

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#26 Re: Help & Advice

Post by Pote Snitkin » 07 Dec 2017 11:55

Sheila has decided to give the OP a good telling off on this thread - https://www.consumeractiongroup.co.uk/f ... ost5082760

:lol: :lol: :lol:

Why does she feel the need to post like that? If she thinks the OP is wasting everyone's time, then just ignore them instead of getting out the purple pen.

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