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

Post by Schedule 12 » 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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#4 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Schedule 12 » 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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#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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#6 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Schedule 12 » 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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#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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#8 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Schedule 12 » 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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#9 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 29 Jul 2017 10:22

Schedule 12 wrote:
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.

Hi,

This is getting way out of hand now... I called the court the same day I received the letter from 'marston' to find out why I am being chased by the bailiffs... The lady on the phone confirmed that they have indeed received my stat dec letter on time but the court failed to do something about it or even acknowledge it thus the case was passed on to the 'marston' bailiffs.

However, she went and spoke to someone (probably her manager) and called me back on my mobile and she said that they case was resolved and I shouldn't be contact or chased by the court or their bailiffs anymore which made me happy. She was actually very apologetic too.

Anyway, This morning at 6.00am 'marston' bailiffs turned up at my door and left a RED LETTER and demanding £800 or the goods will be taken!!! We were asleep so we did not open the door to him. so he left a red letter for me.

I am fuming... I called the bailiffs mobile number on that letter and said to him that this is an harassment and he should not turn up at my door as I have sent the stat dec letter to the court which was signed for in the court and also acknowledged by the woman i spoke to on the phone.

The bailiff's reply is whats making me more angry than anything else....

HE SAID, The stat dec letter was returned back to me by the court (which is an absolute lie as i have never received a single letter from the court, let alone the returned stat dec letter) and that is why he was informed to collect the debt and he will come back again today.

I then put the phone down on him and sent him a text message quoting:

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

and told him that he will be held liable if he tries to collect anything from my house and he will also be held liable for lying to me regarding the stat dec letter being returned to me by the court!


I tried to contact the court but the court is shut today and tomorrow... I know for a fact that they make sure to turn up at weekends so we cannot call the court as they are shut... this is a clear broad day light robbery.



why are they doing this?

what are my options?

Is it even possible for the court to return the stat dec letter?

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

Post by Schedule 12 » 29 Jul 2017 11:40

Davidhoppes wrote:
29 Jul 2017 10:22



why are they doing this?
The court misfiled your section 14 SD and admitted it.

It could be the bailiff is angry because he stands to lose his commission for the work done so far, and knowing he will not be paid for it. Some bailiffs try it on to see if they can earn their commission by collectring after the proceedings have been voided.


what are my options?

If the bailiff knew the enforcement power ended (Notice under Paragraph 59 of Schedule 12 of the TCEA 2007) you can sue for damages, or you can sue for harassment. Your claim needs to be quantified and must show the bailiff knew at the time he harassed you, the enforcement power had ended.


Is it even possible for the court to return the stat dec letter?
No. Once the SD is given to the "designated officer of the court", the proceedings are void. The enforcement power dies.
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#11 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 29 Jul 2017 12:05

Schedule 12 wrote:
29 Jul 2017 11:40
Davidhoppes wrote:
29 Jul 2017 10:22



why are they doing this?
The court misfiled your section 14 SD and admitted it.

It could be the bailiff is angry because he stands to lose his commission for the work done so far, and knowing he will not be paid for it. Some bailiffs try it on to see if they can earn their commission by collectring after the proceedings have been voided.


what are my options?

If the bailiff knew the enforcement power ended (Notice under Paragraph 59 of Schedule 12 of the TCEA 2007) you can sue for damages, or you can sue for harassment. Your claim needs to be quantified and must show the bailiff knew at the time he harassed you, the enforcement power had ended.


Is it even possible for the court to return the stat dec letter?
No. Once the SD is given to the "designated officer of the court", the proceedings are void. The enforcement power dies.


Thank you for the reply.

He (the bailiff) called me on my mobile again and he said that he will attend again to collect goods. And he said that he will collect good whether I'm in or not!

I didn't speak to him and put the phone down on him.

I know because of the type of case/court, they can use the locksmith to open the door. it is mentioned in the citizen advice bureau website that if the bailiffs collecting the fine on behalf of MJ court then they can open the door using locksmith! it even mentioned in the RED LETTER that they left me and they added the locksmith's fees to my apparent fine!!

I'm so confused about this.

What do I do? should i let them in? should i let them break the door?

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

Post by Schedule 12 » 29 Jul 2017 13:42

If he breaks the door, you can sue by bringing civil proceedings.

One Marston bailiff broke open a door of someone who had paid his fine. The bailiff now has months of litigation to pay for, and it's all unpaid time attending court. The police force is a litigated party, and cost the force a lot more than a £29 lock.

Do not let anyone in your house, get everything on video. Call police on 999 reporting a break in. If the police side with the bailiff, you can sue the police force - who have deep pockets.

The level of risk the bailiff takes is always down to the individual.
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#13 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 29 Jul 2017 15:39

Schedule 12 wrote:
29 Jul 2017 13:42
If he breaks the door, you can sue by bringing civil proceedings.

One Marston bailiff broke open a door of someone who had paid his fine. The bailiff now has months of litigation to pay for, and it's all unpaid time attending court. The police force is a litigated party, and cost the force a lot more than a £29 lock.

Do not let anyone in your house, get everything on video. Call police on 999 reporting a break in. If the police side with the bailiff, you can sue the police force - who have deep pockets.

The level of risk the bailiff takes is always down to the individual.

Thank you again.

I'm still waiting for them to turn up. This is absolutely ridiculous to be frank. I have never thought that the MJ court can make such a big mistake and set their dogs (AKA Marston) loose on people like this... There is only one way to describe marstons job... illegally legal.

I have sent the Enforcement officer a text message and told him that i am now proceeding with the legal actions against him personally as well as marston. I told him that from now on every conversation between them and me will be recorded. And asked him to send me a confirmation via TEXT MESSAGE about what he told me this morning on the phone regarding the "Stat Dec WAS returned back to me by the court"! and he never replied to my text message!!



I will keep this thread active with new updates.


Can you please let me know how I can proceed with suing the MJ court as well as this Enforcement officer and marston?

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

Post by Schedule 12 » 29 Jul 2017 16:01

You can only sue if the bailiff takes an enforcement step. Otherwise, a harassment claim relies on giving a Paragraph 59 Notice.

I'd give it again by text message and record the time on your phone it was given. The bailiff has no defence. He knew the power has ended and an opportunity to seek legal advice.
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#15 Re: Statutory declaration date set, Should I plea guilty or not guilty?

Post by Davidhoppes » 30 Jul 2017 09:51

Schedule 12 wrote:
29 Jul 2017 16:01
You can only sue if the bailiff takes an enforcement step. Otherwise, a harassment claim relies on giving a Paragraph 59 Notice.

I'd give it again by text message and record the time on your phone it was given. The bailiff has no defence. He knew the power has ended and an opportunity to seek legal advice.

I sent him another text message yesterday and quoted the Paragraph 59 and told him that he will be sued if he turns up at my door or if he tries to collect goods from me as this will be illegal.

He didn't turn up yesterday. and he didn't reply to any of my text messages either!

But I have a feeling he might turn up today. so i am preparing myself for the worse.

I will update this thread.

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