Tv licence

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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chebiyebu
Posts: 2
Joined: 11 Jan 2018 17:46

#1 Tv licence

Post by chebiyebu » 12 Jan 2018 06:15

please i need help urgently,Marston came to my house I was not in and they impounded my car in the drive.I called them and explained that the name on the claim was not mine he insisted I still have to pay £914 but when I insisted I need my car to pick my children up he made a phone call and said I should call the magistrate to rectify the name issue
This all started when a tv licence officer met me on my way to work on my door step,she told me she wanted to help me set up one then she gave me a form which I scribbled and signed but the signature is not my official signature.
several months later I got a summon to the magistrate court with the copy of the form but my name was written wrong.i wrote back to them telling them I did not fill the form and that the name is not mine .I also sent my passport as proove.They ignored it and carried on court case and enforcement until this stage with the wrong name.please what options have I got at this stage
I work part time and on benefit single mum with 4 children.thanks for your anticipated help.

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Schedule 12
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Joined: 30 Jul 2012 21:23
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#2 Re: Tv licence

Post by Schedule 12 » 12 Jan 2018 11:45

chebiyebu wrote:
12 Jan 2018 06:15
please i need help urgently,Marston came to my house I was not in and they impounded my car in the drive.I called them and explained that the name on the claim was not mine
If the debt is not yours, then the bailiff cannot impound your car. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
  • An enforcement agent may take control of goods only if they are goods of the debtor.


he insisted I still have to pay £914 but when I insisted I need my car to pick my children up he made a phone call and said I should call the magistrate to rectify the name issue

This all started when a tv licence officer met me on my way to work on my door step, she told me she wanted to help me set up one then she gave me a form which I scribbled and signed but the signature is not my official signature.

Signed under duress, the agreement might be void, and you can deny that is your signature.



several months later I got a summon to the magistrate court with the copy of the form but my name was written wrong.i wrote back to them telling them I did not fill the form and that the name is not mine .I also sent my passport as proove.They ignored it and carried on court case and enforcement until this stage with the wrong name.please what options have I got at this stage
I work part time and on benefit single mum with 4 children.thanks for your anticipated help.

You are in several classes of vulnerable people for the purpose of civil enforcement. That only means they bailiff cannot take control of your car if you are unaccompanied in your home, and the bailiff may not recover fees.

If the address on the documents was wrong then you are laughing, but as it is only a name that is wrong, then you are not liable, however, there is a slip-rule that allows the court to make minor amends to the spelling of a defendants name. It does not allow a name change for the defendant.

Run this checklist and see what it throws up: http://www.dealingwithbailiffs.co.uk/fo ... p?id=42597
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

chebiyebu
Posts: 2
Joined: 11 Jan 2018 17:46

#3 Re: Tv licence

Post by chebiyebu » 12 Jan 2018 12:49

.i got hold of the Warwick court explaining what had happened,they are sending me an appeal form is this the right thing to do.i rang the balliff telling him what is happening he wanted to start insisting he still need to enforce I told him to get the name correct as my car is registered in my name .Then he said he will see what he can do.Thanks for your help.

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