Tuco wrote: ↑
21 Apr 2017 20:35
Anamsey, please do not start any claims. Firstly, your SD has not even been accepted at this stage
The law doesn't say a statutory declaration has to be "accepted".
and secondly, even if it had have been, Marstons were acting lawfully at the time they entered.
The enforcement notice was given to a neighbour. Not the debtor, so Marston couldn't have been acting lawfully. Marstons defence rests only on paragraph 66(8) of Schedule 12, but that is rather weak because the bailiff knew the address is wrong before drilling the lock at the correct address.
There is further evidence yet to be decided that the prescribed fees are not legally binding on the debtor. It only prescribes a schedule of them. It doesn't say who is obliged to pay them, so I would hold the claim until the outcome has been decided.
Any claim you make could be deemed unreasonable and if a judge agrees, he could order that you pay Marstons legal costs for defending it.
It would be the first time in the small claim track involving a bailiff breaking entry claim.
As I told you in PMs, there have been mistakes made by both sides in the advice that you have been given and as usual, the truth lies somewhere in the middle. Please do not build false hopes up that you are going to be awarded any money over this as it will only end in disappointment.
It won't make a mint for you, but if the court follows the law and your evidence, there is no reason why your claim should fail. Tuco is right, the claim might land with the MOJ and leave it to them to settle with Marston to taking an enforcement step when there was no power.
Keep pushing the fines manager regarding the breaches of legislation that did occur.
It's been tried and tested. The fines officer is automatous.
If the SD fails,
The only time an SD fails is when the debtor makes an SD against evidence that he knew of the proceedings before he was convicted.
at least the complaint should ensure that Marstons are kept out of the loop.
The law says Marston are out of the loop from the time the SD is posted by recorded delivery compliant to section 7 of the Interpretation Act 1978.