Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder OxleyPrk1 Novitiate

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    Default Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    My wife received EXACTLY the same letter from Philips this morning and called me at work in a panic. Like you she is EXTREMELY prudent with money and timely with payments and had no clue what she had done to incur any fines. She has received no correspondence about the matter other than the bailiff's letter. After numerous calls to Philips she found out only that it relates to a fine dated 02/10/2002 !!! Having moved a number of times since then (even abroad) we knew nothing of this...or even if she ought to owe anything at all.

    Please, please could you give me the number of the North East London enforcement office you spoke of so we can have the fine rescinded and get the bailiff's off our back. Do I need to file a Statutory Declaration ? I have no details of the Fine as none was provided by Philips.

    Many thanks in advance


  2. #2
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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Quote Originally Posted by OxleyPrk1 View Post
    My wife received EXACTLY the same letter from Philips this morning and called me at work in a panic. Like you she is EXTREMELY prudent with money and timely with payments and had no clue what she had done to incur any fines. She has received no correspondence about the matter other than the bailiff's letter. After numerous calls to Philips she found out only that it relates to a fine dated 02/10/2002 !!! Having moved a number of times since then (even abroad) we knew nothing of this...or even if she ought to owe anything at all.

    Please, please could you give me the number of the North East London enforcement office you spoke of so we can have the fine rescinded and get the bailiff's off our back. Do I need to file a Statutory Declaration ? I have no details of the Fine as none was provided by Philips.

    Many thanks in advance
    I have sent you a message.


  3. #3
    Basic Account Holder djak Novitiate

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    Default

    Quote Originally Posted by OxleyPrk1 View Post
    My wife received EXACTLY the same letter from Philips this morning and called me at work in a panic. Like you she is EXTREMELY prudent with money and timely with payments and had no clue what she had done to incur any fines. She has received no correspondence about the matter other than the bailiff's letter. After numerous calls to Philips she found out only that it relates to a fine dated 02/10/2002 !!! Having moved a number of times since then (even abroad) we knew nothing of this...or even if she ought to owe anything at all.

    Please, please could you give me the number of the North East London enforcement office you spoke of so we can have the fine rescinded and get the bailiff's off our back. Do I need to file a Statutory Declaration ? I have no details of the Fine as none was provided by Philips.
    Many thanks in advance
    I received exactly the same letter on Saturday - claiming non-payment of a magistrates fine in South West London. Their letter provides minimum level of information to allow me to follow up - so I have no idea how to pursue the matter further other than to call Philips directly. I tried to call Philips this morning but have been stuck in their phone queue for over an hour until I gave up.

    Does anyone know the contact number for the South West London office ?

    Thanks


  4. #4
    Basic Account Holder djak Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Hi

    After several failed attempts to contact Philips, I made some progress.

    I contacted the Brentford Magistrates court who look after South West London - they were massively helpful. They looked up the Warrant on their database (using my name to locate relevant file). They were able to provide me with details including account number, address where summonds was sent, amount of fine, date etc. They were also able to advise on next steps which is to swear a Statutory Declaration at my local magistrates. I have contacted them - they again were massively helpful and have advised me to attend my local court to swear the Stat Dec.

    Hopefully this will draw a line under this matter ....

    D

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  5. #5
    Basic Account Holder OxleyPrk1 Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    My wife called Stratford magistrates court this morning and talked to the fines department. The lady on the other end was very helpful, provided all necessary info and advised to contact the local magistrates rather than coming to Stratford. `My wife contacted our local magistrates court today straight away in person. She was told to submit a letter ASAP which would provided certain info like the court name where she was convicted, court date, offense. The letter would be the start of filing the Stat Dec.
    She has done that as well in a couple of hours as well. (yes, she is very quick when needed). The next step is to hear from the local court when she can swear the StatDec. Meanwhile the lady from the fine department said "if bailiffs come although unlikely tell them you are dealing with the court directly, you are about to file the StatDec and they should go away"


  6. #6
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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Quote Originally Posted by OxleyPrk1 View Post
    My wife called Stratford magistrates court this morning and talked to the fines department. The lady on the other end was very helpful, provided all necessary info and advised to contact the local magistrates rather than coming to Stratford. `My wife contacted our local magistrates court today straight away in person. She was told to submit a letter ASAP which would provided certain info like the court name where she was convicted, court date, offense. The letter would be the start of filing the Stat Dec.
    She has done that as well in a couple of hours as well. (yes, she is very quick when needed). The next step is to hear from the local court when she can swear the StatDec. Meanwhile the lady from the fine department said "if bailiffs come although unlikely tell them you are dealing with the court directly, you are about to file the StatDec and they should go away"
    As many people on here know, I have an advice service for bailiff enquiries and we have assisted in hundreds of statutory declarations and in almost all of them, you can take your Statutory Declaration into any firm of solicitors to get sworn and all that is then needed is to send a copy by fax (or post) to the issuing court (than issued the fine in the first place).

    Also, the court should be able to hold all enforcement in any event and contact the bailiff company on your behalf.


  7. #7
    Basic Account Holder djak Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Could anyone provide me with a templateicon for a Statutory Declaration letter please ?

    Thank you

    D


  8. #8
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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Quote Originally Posted by djak View Post
    Could anyone provide me with a templateicon for a Statutory Declaration letter please ?

    Thank you

    D
    there you go a post by tomtubby


    MAGISTRATE COURT FINES. templateicon of a Statutory Declaration.
    With so many queries being posted on CAGicon concerning unpaid Magistrate Court FINES I am providing a Template of a Statutory Declaration.

    Only 3 companies can enforce these fines; Marston Group, Philips and Swift (Wales).

    The problem that is occuring very often is that many of these FINES have been issued in somebody's absence long after that person has moved home and the first time that they know of the offence was when they have received a visit from a bailiff.

    In the main these FINES are commonly for the following:

    Using a TV without a Licence.

    Driving without valid insurance

    Driving without valid Road Fund Licence.

    Failure to provide driver details

    Driving whilst using a Mobile Phone.

    ......................... ......

    If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration.

    This will need to be sworn in front of a solicitor and this should cost just 5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

    The bailiff MUST then withdraw all enforcement.

    The following is a template Statutory Declaration.


    I:
    Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

    DO SOLEMNLY AND SINCERELY DECLARE THAT:

    I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on (enter date) for (enter offence ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined (enter amount) with costs of (enter amount) and that (ie; my licence was endorsed with three points).The reference number for this case is: (enter case number)

    AND THAT:

    Notification of this fine first came to my attention on (enter date) when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a distress Warrant dated (enter date) and that he required a sum of (enter amount) within 3 days failing which he would return with a locksmith.

    I would like to advise the Court that I am suffering from (enter health problems if any). In addition, I am receiving medication for ie; (severe depression etc) and have been under the care of a counsellor.

    My financial position is that I am in arrears with my mortgageicon and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

    I genuinely do not remember receiving documentation concerning this fine.

    I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

    DECLARED AT:

    SIGNED:

    DATE:

    Before me:


    Solicitor/Commissioner for Oaths:




  9. #9
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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Quote Originally Posted by tomtubby View Post
    As many people on here know, I have an advice service for bailiff enquiries and we have assisted in hundreds of statutory declarations and in almost all of them, you can take your Statutory Declaration into any firm of solicitors to get sworn and all that is then needed is to send a copy by fax (or post) to the issuing court (than issued the fine in the first place).

    Also, the court should be able to hold all enforcement in any event and contact the bailiff company on your behalf.
    These old fines are of serious concern. As mentioned above, I have an advice service and since Monday, we have received 17 enquiries concerning this same company and very OLD fines. In 14 cases, after endless telephone callsicon, it has been discovered that these "fines" relate to offcences that took place between 2000 and 2004 and in 12 cases, Statutory Declarations have been submitted as a summons had ben sent to a very old address after the person had moved.

    In your case, did the letter from Philips Ltd have a date on it? All of the ones that I have received enquiries about have NO DATE !! Absolutely shocking.....
    .
    PS: Hallowitch...once again...excellent work finding the Statutory Declaration!!!


  10. #10
    Basic Account Holder moufflon Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Hello,

    I received two of these Philips Distress Warrant letters today - different reference numbers - different amounts -
    300 and 317.09

    With the same '7 days or we'll force entry to your home' threat.

    Neither letter is dated.
    I have NO prior knowledge of either of these alleged debts.
    From 'North West London'

    I will contact the magistrates court if I can find a number on Monday morning and follow your advice above.

    I will post again to explain how things unfold for anyone else in my boat.

    These letters are extremely intimidating.


  11. #11
    Basic Account Holder moufflon Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    ps

    Could this be indicative of a council desperate for money trying anything to get more resources?

    For whatever reason - it is VILE BEHAVIOUR


  12. #12
    Basic Account Holder Nurselayer Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Hi all, I have just recieved two letters from Philips stating Notice of Distress Warrent too. They allege that they are in receipt of a Distress warrent for non-payment of a Magistrates' Fine issued by South East London. Both letters have the same Philips Reference Number, but both are for different amounts (370.00 and 445.00). Neither letter has any date on it.

    As far as I am aware I have no Magistrates' fines. I have only ever once had a fine and that was back in about 2000 and was paid off in full. It was so long ago that I really doubt that I have any evidence that it was paid in full. I have had absolutely no correspondance before recieving these letters about any fines or Distress Warrent. What do I do next?

    Should I contact Philips? I'm wary of doing this as I really don't want them to have my telephone number and the calls cost 5 pence per minute! How do I get the details of any Distress Warrent? Can I then make a Statutory Declaration at any court?

    How long have I got before a bailiff will break into my property? Can I prevent them from doing this?

    Please help.

    Many thanks in advance.

    Nurselayer v Natwest - Settled in Full
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  13. #13
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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Quote Originally Posted by moufflon View Post
    Hello,

    I received two of these Philip's Distress Warrant letters today - different reference numbers - different amounts -
    300 and 317.09

    With the same '7 days or we'll force entry to your home' threat.

    Neither letter is dated.
    I have NO prior knowledge of either of these alleged debts.
    From 'North West London'

    I will contact the magistrates court if I can find a number on Monday morning and follow your advice above.

    I will post again to explain how things unfold for anyone else in my boat.

    These letters are extremely intimidating.
    hi welcome to CAGicon please start your own thread with this it makes it easy for us to give the correct advice

    link to start your own thread http://www.consumeractiongroup.co.uk...ewthread&f=168


  14. #14
    Basic Account Holder Nurselayer Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Oh and just having checked Her Majesty's Courts Service, there doesn't seem to be a court called South East London?

    Nurselayer v Natwest - Settled in Full
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  15. #15
    Basic Account Holder Nurselayer Novitiate

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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Will start my own thread too Halowitch, sorry.

    Nurselayer v Natwest - Settled in Full
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  16. #16
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    Default Re: Notice of Distress Warrant - Philips Debt Recovery / Bailiffs

    Quote Originally Posted by Nurselayer View Post
    Hi all, I have just recieved two letters from Philips stating Notice of Distress Warrent too. They allege that they are in receipt of a Distress warrent for non-payment of a Magistrates' Fine issued by South East London. Both letters have the same Philips Reference Number, but both are for different amounts (370.00 and 445.00). Neither letter has any date on it.

    As far as I am aware I have no Magistrates' fines. I have only ever once had a fine and that was back in about 2000 and was paid off in full. It was so long ago that I really doubt that I have any evidence that it was paid in full. I have had absolutely no correspondance before receiving these letters about any fines or Distress Warrant. What do I do next?

    Should I contact Philip's? I'm wary of doing this as I really don't want them to have my telephone number and the calls cost 5 pence per minute! How do I get the details of any Distress Warrant? Can I then make a Statutory Declaration at any court?

    How long have I got before a bailiff will break into my property? Can I prevent them from doing this?

    Please help.

    Many thanks in advance.
    hi welcome to CAG please start your own thread with this it makes it easy for us to give the correct advice

    link to start your own thread http://www.consumeractiongroup.c o.uk...ewthread&f=168

    ops sorry mate just noticed your not new looks like there are going to be a lot of threads on this



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