Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
In relation to a pcn where the first I knew of it was when a letter (claiming they had already written 3 times) from a bailiff company arrived claiming I owed them £450.00 I submitted an 'out of time' stat declaration and had my signature witnessed by the court office.
This application was refused by some bod in Northampton and they have now sent me a form N244 saying that I can appeal the matter in the local courts before a district judge.
What's the best way to fill in the form in terms of the supporting information section?
Should the judge 'say no' will I be saddled with costs?
Do the council attend or is it just me and the judge?
(what are the chances that they have outsourced their entire appeals process to the bailiff company concerned ? - I would find out as a judge may find that 'pursuasive').
The Bailff company is marstons. How on earth they can claim that 'two previous letters' bring the bill (without a visit from them) comes to £450.00 is beyond me!
As far as I am aware the council did not oppose the out of time stat declaration. However, it does say on the attached paperwork that they don't have to give reasons for a refusal so it may have been opposed.
I am willing to pay the initial £30 but there's no way I am paying a bailiff company £450 - this makes my blood boil!!
Part of my defence is that out youngest child has Autistic Spectrum Disorder and part of his condition is that he hides stuff all over the house, this has, in the past, included mail unfortunately. So, I'll be submitting that he may have pinched the relevant post. I can provide doumentary evidence to support this.
Part of my defence is that out youngest child has Autistic Spectrum Disorder and part of his condition is that he hides stuff all over the house, this has, in the past, included mail unfortunately. So, I'll be submitting that he may have pinched the relevant post. I can provide doumentary evidence to support this.
Why submit as part of your defense that your child "may" of hidden the mail and therefore you "may" have received it? (but not read it).
Surely a better defense is simply to maintain you have received no previous notification and file the out of time dec, then start again with the original fine, which you say you are happy (relatively) to pay.
FOi MCC to see exactly what they have outsourced to Marston's. Don't ask for financial details or they will refuse because of 'commercial confidentiality'. be explicit and keep it what is outsourced.
Form N244 advice please
where the first I knew of it was when a letter (claiming they had already written 3 times) from a bailiff company arrived claiming I owed them £450.00 I submitted an 'out of time' stat declaration and had my signature
Reply With Quote
Originally Posted by bladeboy
