Baillif letter pls help urgent.

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Smk
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Joined: 24 Nov 2017 00:11

#1 Baillif letter pls help urgent.

Post by Smk » 24 Nov 2017 01:46

Hi

I lived in London 12 years in 2014 left UK for a year.
Took career break. Came back in 2015 and relocated in north England. Working here last week I received letter from baillif HCEO high court enforcement officer STATING that I have to pay within 21days. £640

I was shocked and when I verified they given me the HM court case number and phone number.
I called them to find out more in details they said I am the registered car keeper in 2014 July. My car kept on road without insurance so DVLA/insurance took me court and this was court fine £320 initial but now they passed to baillif to collect. As they were sending all letters to my previous address and I was not in UK in July 2014 for a year and in 2015 end came to UK but lived in new address. So bailiff they said they trace me and send this letter.

Pls suggest me what to do.
If I pay £ 640 full amount will it be considered as convicted or ccj on my records or criminal offence
Or I have to face court to prove I was not in country and without insurance is it law not to park on road.
What is my case
Do I need to dig lot about my charged or case.
Or simply I pay then matter closes. Pls suggest.

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Schedule 12
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#2 Re: Baillif letter pls help urgent.

Post by Schedule 12 » 24 Nov 2017 10:46

Smk wrote:
24 Nov 2017 01:46
Hi

I lived in London 12 years in 2014 left UK for a year.
Took career break. Came back in 2015 and relocated in north England. Working here last week I received letter from baillif HCEO high court enforcement officer STATING that I have to pay within 21days. £640

If this is a High Court Enforcement Agent, then his demand for £640 doesn't sit right. The sum demanded will be inclusive of his fees and with the £90 compliance stage fee £90 including VAT means the judgment is £550. That sum is well under the minimum is well under the minimum threshold to transfer up the judgment to the High Court for enforcement.





I was shocked and when I verified they given me the HM court case number and phone number.
I called them to find out more in details they said I am the registered car keeper in 2014 July. My car kept on road without insurance so DVLA/insurance took me court
Who took you to court? The DVLA or the insurance company?




and this was court fine £320 initial but now they passed to baillif to collect.
This won't be a High Court Enforcement Agent. It is a common bailiff. The bailiff might have used the expression "High Court" because it sounds more powerful.




As they were sending all letters to my previous address and I was not in UK in July 2014 for a year and in 2015 end came to UK but lived in new address. So bailiff they said they trace me and send this letter.

Pls suggest me what to do.
If you were not aware of the fine until a bailiff gave a document, then you make a statutory declaration and send it to the magistrates court by RECORDED DELIVERY (the law actually states it must be sent by recorded delivery). That will be the end of the matter.





If I pay £ 640 full amount will it be considered as convicted or ccj on my records or criminal offence
Or I have to face court to prove I was not in country and without insurance is it law not to park on road.
What is my case
Do I need to dig lot about my charged or case.
Or simply I pay then matter closes. Pls suggest.

Just make a statutory declaration. If you know the magistrates' court that sentenced you, then send it there, otherwise send it to:

A designated officer of the Court
Port Talbot Justice Centre
Harbourside Road
Port Talbot
SA13 1SB


Here is a Template.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Smk
Posts: 3
Joined: 24 Nov 2017 00:11

#3 Re: Baillif letter pls help urgent.

Post by Smk » 24 Nov 2017 16:35

Hi Schedule 12

Thanks for your quick response and guidance.
I m not sure who send this to court.
I have only 2days left to act on.
The baillif is MARSTON High court enforcement officers
Client : HMCTS HD

My concern if I pay £640 to baillif before he knock my door will this matter closes here or there any further things I need to worry. Like conviction on my records or ccj or criminal offence etc...
Like court have my previous address only baillif got my new address. When i spoke to tribunal with case number I have to say old address and
Pls suggest.

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Schedule 12
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#4 Re: Baillif letter pls help urgent.

Post by Schedule 12 » 24 Nov 2017 16:48

As previously suggested. Make a statutory declaration under section 14 of the Magistrates' Courts Act.

The matter will be finished as soon as you have posted it by RECORDED DELIVERY.

The bailiff failed to give provenance to the debt because "HMCTS HD" does not identify the sentencing magistrates court, Send it to Port Talbot and they can deal with it.

This is the law you are following:



  • 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.
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Author: dealingwithbailiffs.co.uk

Smk
Posts: 3
Joined: 24 Nov 2017 00:11

#5 Re: Baillif letter pls help urgent.

Post by Smk » 24 Nov 2017 20:19

Hi
Thanks for guidance.

I understand about satutary diclaration but My point I don't want to be involved in court trail or visit court or indulge more in unnecassary troubles.
As I m already in problems with my extended family issues seriously.
So if I pay full money £640 to baillif will this matter close hereitself. Or still carried further or being convicted.
I don't wish to carry this tension further or involved what about my case who fine me etc.. Pls suggest
Sorry if I ask again and again same thing.
Thanks

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Schedule 12
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#6 Re: Baillif letter pls help urgent.

Post by Schedule 12 » 24 Nov 2017 22:23

I've given you the legal position. It is up to you to decide to follow it. It's your money.
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Author: dealingwithbailiffs.co.uk

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