Statutory declaration date set, Should I plea guilty or not guilty?

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Davidhoppes
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#1 Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 04 May 2017 13:38

Hello everyone,

I have received a letter from Historic Debt team in Cardiff yesterday which states that i owe them £495. Nothing was mentioned about the offence or the date of the offence in the letter.

The letter states that since I haven't paid, they gonna do this or the other AS IF I KNEW ANYTHING ABOUT THIS SO CALLED DEBT!!

This is the first time ever I hear about this or receive this letter.

So after being passed around on the phone all day this morning I finally managed to speak to someone on the phone in Cardiff. (Bear in mind I live in Essex and never even set foot in Cardiff).

She told me on the phone that ''Apparently'' the offence is because I haven't returned my Annual Returns for a company that I registered in 2014 (what a silly offence). Especially because I registered the company only because a website online offered FREE company formation which was a limited offer so I grabbed the offer at the time and I dormant the company a few weeks after I registered it because I had no use for it whatsoever. I only registered it because it was FREE.

Surely no one should return any annual returns if the company is dormant?! and why I haven't heard anything from anyone until now and they are demanding such a huge amount of money in a very unprofessional letter?!?

I even thought it was a scam so I had to look them up on Internet.


Even if they have tried to contact m which I doubt they have, in 2014 I was living in a flat which had a communal hallway and all the letters and newspapers and leaflets etc etc was getting chucked into a pile in a pink bin bag and then get chucked away outside!

Anyway, So i asked her to file a Statutory declaration since this is all new to me. SO, she gave me a case ID and a phone number to my local magistrates court and she said I need to call them and file for Statutory declaration. She also told me that the original amount was £200 and because of the court fees etc it is now £495.

So I called my local magistrates court and after staying on the phone for over 45 minutes (apparently I was in the queue), a very rude woman answered the phone and after going through some stuff, she filed and booked me a Statutory declaration hearing or whatever they call it for 15th of May.

She on the phone told me that IF i plea guilty, I will have to pay the full amount of £495 and IF i plea not guilty, the case will go back to Cardiff and I will have to travel to Cardiff for another hearing! To which I replied, I have never been to Cardiff, why do i need to go there even if there is gonna be any other hearings? and she said, because the case started from there which doesn't make sense whatsoever!!

So, now the questions I have are:

1- Judging by my case, do I need to plea guilty or not guilty? surely you cannot plea guilty if you are not guilty!
2- what happens really if I plea guilty? do i really have to pay the £495? I rather not to pay anything because this is just a daylight robbery!!
3- what happens if I plea not guilty? do I have to travel to Cardiff? why there when I have always lived in Essex? I never even set foot if Cardiff!



Any help would be appreciated.

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jasonDWB
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#2 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by jasonDWB » 04 May 2017 13:47

You have been approached about a historic conviction you know nothing about.

You do not need to enter a plea. Advice on another website saying you must enter a plea must be ignored. It's an individual promoting a wrong interpretation of the law.

The law says the proceedings are INVALID. Section 14 of the Magistrates’ Courts Act 1980.

You make what is called a "Statutory Declaration" addressed to the sentencing court under Section 14(1)(a) of the Magistrates' Courts Act 1980 within 21 days of you becoming aware. This limit can be extended if you can show reason. This will cancel the conviction.

You must complete and then sign before a solicitor or a commissioner of oaths (fee applies - about £5) and deliver it to the sentencing court if you know it, or the court that asked you to attend, within 21 days of becoming aware. You need to act expeditiously.

If you don't know the sentencing court then it's given to the officer of the court that gave you the notice or document.

Make a statutory declaration proving you had previous knowledge of the proceedings. It stops the bailiffs instantly.

You do not need to travel. You MUST SEND IT BY RECORDED DELIVERY.

DO NOT repeat, DO NOT attend court to be "booked in" to make a statutory declaration. They will re-convict you without allowing you to prepare a defence. That is a kangaroo court. They can't do that if you follow section 14 of the Magistrates Courts Act 1980 and send the sworn in statutory declaration by recorded delivery. They will have to re-summon you and it might well be out of time under section 127 of the Magistrates Courts Act 1980 and the proceedings die.
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Davidhoppes
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#3 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 04 May 2017 14:00

jasonDWB wrote:
04 May 2017 13:47
You have been approached about a historic conviction you know nothing about.

You do not need to enter a plea. Advice on another website saying you must enter a plea must be ignored. It's an individual promoting a wrong interpretation of the law.

The law says the proceedings are INVALID. Section 14 of the Magistrates’ Courts Act 1980.

You make what is called a "Statutory Declaration" addressed to the sentencing court under Section 14(1)(a) of the Magistrates' Courts Act 1980 within 21 days of you becoming aware. This limit can be extended if you can show reason. This will cancel the conviction.

You must complete and then sign before a solicitor or a commissioner of oaths (fee applies - about £5) and deliver it to the sentencing court (if you know it) within 21 days of becoming aware. The staff at the sentencing magistrates' court can usually swear in a statutory declaration free of charge.

If you don't know the sentencing court then it's given to the officer of the court that gave you the notice or document.

Make a statutory declaration proving you had previous knowledge of the proceedings. It stops the bailiffs instantly.

You do not need to travel. You MUST SEND IT BY RECORDED DELIVERY.

DO NOT repeat, DO NOT attend court to be "booked in" to make a statutory declaration. They will re-convict you without allowing you to prepare a defence. That is a kangaroo court. They can't do that if you follow section 14 of the Magistrates Courts Act 1980 and send the sworn in statutory declaration by recorded delivery. They will have to re-summon you and it might well be out of time under section 127 of the Magistrates Courts Act 1980 and the proceedings die.


I'm very sorry but I'm slightly confused!

So should I attend the Court hearing that's set for the 15th of MAY?

Or do I need to make the signed "Statutory Declaration" infront of a solicitor and and send that to Cardiff?

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jasonDWB
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#4 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by jasonDWB » 04 May 2017 14:24

Davidhoppes wrote:
04 May 2017 14:00




I'm very sorry but I'm slightly confused!

So should I attend the Court hearing that's set for the 15th of MAY?
DO NOT attend.

Or do I need to make the signed "Statutory Declaration" infront of a solicitor and and send that to Cardiff?
Yes. and do this quickly, and remember it must be sent by RECORDED DELIVERY. That is what the law says.
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Davidhoppes
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#5 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 04 May 2017 15:39

jasonDWB wrote:
04 May 2017 14:24
Davidhoppes wrote:
04 May 2017 14:00




I'm very sorry but I'm slightly confused!

So should I attend the Court hearing that's set for the 15th of MAY?
DO NOT attend.

Or do I need to make the signed "Statutory Declaration" infront of a solicitor and and send that to Cardiff?
Yes. and do this quickly, and remember it must be sent by RECORDED DELIVERY. That is what the law says.

Thank you so much for the help.

I just called the number that they provided on the letter again and they gave me the name and address of the Sentencing court which is:

cardiff and vale of glamorgan magistrates court
Address: Fitzalan Pl, Cardiff CF24 0RZ


Do I need anything else from them before sending the singed "Statutory Declaration" via recorded delivery?

finally, is there any specialize solicitor that I need to go to for signing the "Statutory Declaration" or any solicitor would be able to do this?

also, am I not gonna get in trouble for not attending the court hearing?

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jasonDWB
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#6 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by jasonDWB » 04 May 2017 16:10

Davidhoppes wrote:
04 May 2017 15:39
iff CF24 0RZ[/b]

Do I need anything else from them before sending the singed "Statutory Declaration" via recorded delivery?
No.



finally, is there any specialize solicitor that I need to go to for signing the "Statutory Declaration" or any solicitor would be able to do this?
Any solicitor, but there is a small fee, any county court can do it for free.


also, am I not gonna get in trouble for not attending the court hearing?
No.

You are not summoned. You are only "booked in" to make a statutory declaration. Rule 37.11 of the Criminal Procedure Rules deal with making a statutory declaration. There is no such procedure for court staff to have suspects to be "booked in" to make a statutory declaration at court.
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Davidhoppes
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#7 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 07 Jun 2017 18:46

jasonDWB wrote:
04 May 2017 16:10
Davidhoppes wrote:
04 May 2017 15:39
iff CF24 0RZ[/b]

Do I need anything else from them before sending the singed "Statutory Declaration" via recorded delivery?
No.



finally, is there any specialize solicitor that I need to go to for signing the "Statutory Declaration" or any solicitor would be able to do this?
Any solicitor, but there is a small fee, any county court can do it for free.


also, am I not gonna get in trouble for not attending the court hearing?
No.

You are not summoned. You are only "booked in" to make a statutory declaration. Rule 37.11 of the Criminal Procedure Rules deal with making a statutory declaration. There is no such procedure for court staff to have suspects to be "booked in" to make a statutory declaration at court.

Following up this....

I did as you suggests and sent the Statutory Declaration letter signed by me and a solicitor (paid the £5 solicitor fee) via Recorded delivery to the court that issued the fine!

Someone named Richard in the court received and signed for the letter and his signature is even on the Post Offices website when i check the tracking number. So they cannot deny the fact that they have received the Stat Dec Letter.


However, Just now I received a red letter (Notice Of Enforcement) from Marston and they demanding the payment and they even put an extra £75 on the top of this so called debt.

So i called Marston immediately and spoke to them and told them exactly what has happened and I told them that I have sent a Stat Dec letter to the court but never received any reply. However, I have a proof that they have received it and signed for it.

Marston told me that they cannot do anything and I need to contact their client (the court) and ask them for an explanation!

And they told me that I have until the 19th of this month to either get the court to sort it out or make the payment in full!!!!!



I'm confused and to be honest fuming... All I can think of is that Richard (the person who signed for my Stat Dec letter in the court) didn't do his job properly and now I'm the who has to go through this hassle and stress!

Can you please advice on this?

Is there anything I need to do?

I've already sent an email to the court as well but I pretty much doubt they even read emails!!!

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jasonDWB
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#8 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by jasonDWB » 07 Jun 2017 19:35

Paragraph 66(5) onwards of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
  • (5)In the proceedings the court may

    • (a)order goods to be returned to the debtor;

      (b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.


    (6)A related party is either of the following (if different from the enforcement agent)—

    • (a)the person on whom the enforcement power is conferred,

      (b)the creditor.


    (7)Sub-paragraph (5) is without prejudice to any other powers of the court.

    (8)Sub-paragraph (5)(b)
    • does not apply where the enforcement agent acted in the reasonable belief—

    • (a)that he was not breaching a provision of this Schedule, or

      (b)(as the case may be) that the instrument was not defective.


This means you must give notice to the bailiff the enforcement power has ceased. Send him a text message. Otherwise, he is not liable for everything that follows if he takes an enforcement step.



For completeness, the provision breached is Paragraph 6(3) of Schedule 12 which states:


  • (3)The property in all goods ceases to be bound when any of these happens
    • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

      (b)the instrument under which the power is exercisable ceases to have effect;

      (c)the power ceases to be exercisable for any other reason

When you gave the sworn statutory declaration to a person at a post office for recorded delivery, the enforcement power ended.

The law that stopped the power following a statutory declaration is section 14 of the Magistrates Courts Act 1980.
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