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.
I got a pcn from Hackney and made representations by e-mail within 14 days. I have a receipt that it was read by the council. I did not get a letter of rejection. On day 29 an NTO was issued. I made representations and referring to my previous letter that wasn't answered. 2 weeks later i got a letter of rejection referring to my first letter. Obviously not responding directly to my representations but a general answer and offering me a discounted payment if received within 14 days.
They claim they answered my second letter (returned with the NTO) but I never received that letter.
The council then sent me a charge certificate and an order for recovery. I didn't manage to send back the form PE3 on time so I filed an out of time statutory decleration. That was rejected. So I returned the form N244. I havent heard from the courts and the next thing I know is: my car clamped. I didn't get a notice from the local county court that judgement was entered against me.
What can I do now? Is there any way to get another hearing or who can i turn to. Thank you for your help.
You car can ONLY be clamped by bailiff in the couple of days between the N244 being sent to TEC and them sending it to the relevant Court. This is normally 3 days. When was your car clamped and which company?
The following is a post that I made in response to another question today:
Sadly, we are finding that MOST Out of Times are being rejected. Until we receive proof otherwise, I am personally of the opinion that this has something to do with the introduction of a fee of £75. Our company have written letters of complaint on this fee, in particular whether this is legal as this is merely a "review" of a Court Officers" decision.
Another fact that you need to know is that the TEC allow the very same bailiff company who may have clamped or removed your car to respond to your Out of Time Declaration. This has only recently been discovered by us and we have to thank JBW (bailiffs) for this.
A further complaint has been made about this practice as the Civil Procedure Rules (75) specifically state that the response must be from the local authority.
It is a fact that most N244 Applications are successful. I would strongly suggest that you borrow the £75 fee. Whilst the N244 is ongoing all enforcement MUST CEASE.
We have been advising everyone who makes an N244 Application to request from the TEC or local authority a copy of the STATEMENT OF TRUTH to see whether it addresses the reasons stated in your Out of Time.......and who has signed it !!!!!
Finally, if your application on the N244 is successful you can request your costs. This will include the £75 fee that you would have paid.
If you need assistance in completing the form...please post back.
PS: This is not a Judgement and is not recorded as such.
Hackney pcn Bailiffs
from Hackney and made representations by e-mail within 14 days. I have a receipt that it was read by the council. I did not get a letter of rejection. On day 29 an NTO was issued. I made representations and referring to my previous letter that wasn't answered. 2 weeks later i got a letter of rejection referring to my first letter. Obviously not responding directly to my representations but a general answer and offering me a discounted payment if received within 14 days.
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