marstons been help please

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Ikklecaz
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Joined: 26 Jun 2017 18:30

#1 marstons been help please

Post by Ikklecaz » 26 Jun 2017 18:39

had a bailiff turn up today for my husband for a driving fine from back in 2009 total amount they wanted was £535 they said they have been sending letters out but we have not had any,i rang my husband and he got in touch with the bailiff and paid him £450,now the bailiff has just rang my husband saying he wants the other £85 tonight or they will be forcing entry tomorrow,please can someone advise us on what we should do we havent got a penny to our name now an can not get the other £85 till friday we explained this to him but he said not his fault and he will see us tomorrow.
I will home alone tomorrow and suffer with anxiety and am sat her shaking worrying about it

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Schedule 12
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#2 Re: marstons been help please

Post by Schedule 12 » 26 Jun 2017 18:48

If your husband did not know about the fine and the conviction until a bailiff turned up, then the law says the fine and the conviction are invalid.

Section 14 of the Magistrates Courts Act 1980.

You must make a statutory declaration and send it by recorded delivery to the court. DO NOT get talked into "booking an appointment" with the court to lay the statutory declaration. Here is how it's done. http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm Please read the WARNING.

Once it is posted by recorded delivery, the fine and the conviction are all quashed, you can recover any money paid to the bailiff.

Do not send the statutory declaration by ordinary post. Court staff will ignore it. The law says it must be sent by recorded delivery.

He won't be coming tomorrow. Bailiffs never turn up when they say they will. It is a tactic to avoid being caught by TV crews looking to catch a cheating bailiff. In any case, protect yourself: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
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Ikklecaz
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#3 Re: marstons been help please

Post by Ikklecaz » 26 Jun 2017 18:51

What do i do if they turn up tomorrow?

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Schedule 12
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#4 Re: marstons been help please

Post by Schedule 12 » 26 Jun 2017 19:44

Tell them you are making a section 14 statutory declaration revoking the fine and everything that follows, and the bailiff must seek legal advice. If he takes money from you, he will only have to pay it all back later with costs.
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Ikklecaz
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#5 Re: marstons been help please

Post by Ikklecaz » 26 Jun 2017 20:09

just been to old address where he lived at the time and the letters were there for him does it make any difference at all?

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Schedule 12
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#6 Re: marstons been help please

Post by Schedule 12 » 26 Jun 2017 20:43

No, because he only learned of them when he went back to his old address.

It is also evidence the bailiff has cheated because he turned up at your current address knowing correspondence went to your old address. Enforcement fails, and he loses the fees.

Moral of the story for the bailiff, don't cheat.
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Ikklecaz
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#7 Re: marstons been help please

Post by Ikklecaz » 26 Jun 2017 20:53

so i can show him the letters with wrong address on not so politely tell him to do one tomorrow IF he turns up?

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#8 Re: marstons been help please

Post by Schedule 12 » 26 Jun 2017 20:59

No. He will mess you about.

Just get the SD done. Be sure the fine is about a conviction he did not know about.

Any enforcement he takes is invalid anyway. Correspondence went to your old address. http://www.dealingwithbailiffs.co.uk/TC ... tion6.html

and http://www.dealingwithbailiffs.co.uk/ST ... notice.htm

And run this checklist: http://beatthebailiffs.org/magistrates- ... liffs.html
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