Letter Received From HMCTS

We might be able to work it out.
Post Reply
Helpplease
Posts: 3
Joined: 23 Jan 2015 23:39

#1 Letter Received From HMCTS

Post by Helpplease » 23 Jan 2015 23:50

Hi,

I was wondering if anyone can help me.

A letter (Notice of service by the bailiff) was delivered in person to my address from HMCTS. The details (case number, defendant, claimant and amount was handwritten in red ink) with a attachment of earnings form attached to it.

The letter was not dated and it was not signed.

I did not receive any documentation in relation to this. Does this mean a court hearing has taken place without my knowledge and the judge decided that the amount is to be claimed back?

Also because there was no date, what is the timeframe for me to respond?

Any advice would be much appreciated. Thank you.

User avatar
Schedule 12
Posts: 13468
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#2 Re: Letter Received From HMCTS

Post by Schedule 12 » 24 Jan 2015 09:03

This is a court fine.

[stopfine][/stopfine]
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Helpplease
Posts: 3
Joined: 23 Jan 2015 23:39

#3 Re: Letter Received From HMCTS

Post by Helpplease » 24 Jan 2015 10:37

Hi Jason,

Many thanks for your advice. However, I am little confused. The sworn statement you say I should fill in within the first 21 days is a Stat Dec. However, you say after the 21 day limit, I should also fill in a Stat Dec. What is the difference between the two Stat Decs? Would I be correct in saying that within 21 days the first Stat Dec is a administrative law matter, but after the 21 days it's a criminal law matter, for failure to pay court fines, which requires a slightly different procedure?

Also, I am currently travelling and have been for 7 months, hence not being aware of this situation. How am I able to proceed with a Stat Dec whist away from the UK?

Many thanks,

Amy

User avatar
Schedule 12
Posts: 13468
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#4 Re: Letter Received From HMCTS

Post by Schedule 12 » 24 Jan 2015 11:04

You can Do a Stat Dec if you can show why you are late. It can be that you did not know you could have made a star Dec when you discovered you were fined in your absence. If you are out of time, use the rule 37.11 form.

You can still do a Stat Dec abroad. Just get it notraised at a British embassy or consular service.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Helpplease
Posts: 3
Joined: 23 Jan 2015 23:39

#5 Re: Letter Received From HMCTS

Post by Helpplease » 06 Feb 2015 09:22

I did a stat dec which was witnessed and was done under oath with a notary public who signed and sealed the declaration.

I sent this to someone in the UK who hand delivered it to the court. However she was turned away and they refused to accept it. She was told that the claimant i.e myself must hand it personally to the court. Is this true? The stat dec has already been done and needs to be processed. Can the stat dec just be sent to the court via post?

Thanks

User avatar
Schedule 12
Posts: 13468
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#6 Re: Letter Received From HMCTS

Post by Schedule 12 » 06 Feb 2015 09:49

Yes you can send it by post.

Nothing in the regulations says a Stat Dec must be handed in person. If you can get the name of the court staff saying otherwise, can you post back and we can deal with it.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply