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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Distress warrant for non payment of magistrates fine


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Hello

 

I am desperate for some help or advice! My bf and I live together and he has been sent a notice of distress warrant for an unpaid magistrates fine...

 

firstly neither of us know what on earth this could be for, we haven't been asked to go to court yet have not paid a magistrates fine!!!

 

Neither of our cars are registered here, and the council tax is in both our names so it is strange they have address this letter directly to my bf,

 

Can bailiffs take your goods for an unpaid magistrates fine if we have not received an invitation to go to court???? It seems very strange!

 

The amount on the letter is £265 but when I log onto Phillips website it says £340!!

 

We are going mad here and no one is open (didn't get the letter til today as was out all yesterday)

 

x

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Thank you, we are going to do that tomorrow. What I was hoping to find out is if it is possible for a bailiff to take on a non payment of magistrates fine, if we have never been summonsed to court?

 

It seems very unfair as to put it with the bailiff incurs all sorts of costs when we haven't been given the opportunity to pay it at court.

 

i know the stat dec will alleviate it from the bailiffs but I want to know if this is legally correct the way they have acted. x

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The amount on the letter is £265 but when I log onto Phillips website it says £340!!

 

NEVER log on to a bailiffs website. They nab your fingerprints and record your IP address and they infer that as acknowledgement of the fine and fees.

 

Bailiffs cannot charge you "fees" for collecting an unpaid fine. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says bailiffs are not allowed to charge you more than the amount you are fined.

 

This is an official advisory says there is an agreed scale of fees which bailiffs can charge, however that is by way of a contract between HMCS and the bailiff. There is nothing in that contract that says it can be charged to the debtor, and in any event, there is no contract (or court order) obligating the debtor to pay any fees. The HMCS contract allows the bailiff to deduct the fee from the fine collected and the balance is paid to HMCS.

 

There are plenty of examples to backup this position:

 

This poster contacted the Magistrates court manager about a bailiff (Phillips) who charged her "fees" for collecing an unpaid fine - and miraculously, Phillips made the fees disappear,

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500

 

And this poster recovered his fees from the bailiffs for a Bus Lane fine after filing a Form N1 in the county court naming the bailiffs as the defendant. The bailiffs refunded all the fees, but only on condition of no adverse publicity against them.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/254610-n244-county-court-action-2.html

 

This confirms bailiffs do know the official position on charging fees on to the debtor, - and are aware of the criminal liability if they are caught. See Section 2 of the Fraud Act 2006 and Section 40 of the Administration of Justice Act 1970.

Professional property investor and conveyancer

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Hello

 

I am desperate for some help or advice! My bf and I live together and he has been sent a notice of distress warrant for an unpaid magistrates fine...

 

firstly neither of us know what on earth this could be for, we haven't been asked to go to court yet have not paid a magistrates fine!!!

 

Neither of our cars are registered here, and the council tax is in both our names so it is strange they have address this letter directly to my bf,

 

Can bailiffs take your goods for an unpaid magistrates fine if we have not received an invitation to go to court???? It seems very strange!

 

The amount on the letter is £265 but when I log onto Phillips website it says £340!!

 

We are going mad here and no one is open (didn't get the letter til today as was out all yesterday)

 

x

 

It is likely that a sumons had been sent to a previous address. Many of these unpaid court FINES are from years ago. You will need to find out which court issued the fine and if the information confirms that a summons had been sent which your b/f had not received then he can simply file a Statutory Declaration which will can cancel all enforcement.

 

PS: The difficult part with these fines is trying to establish the issuing court.

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Thanks all

 

We found out what it was, someone used my boyfriend name EIGHT years ago to bunk a train. He now has to go to court to prove it wasn't him!

 

The whole thing has been put on hold for 28 days til it gets sorted, nightmare and so ****ed off that they just sent that threatening letter without trying to establish it was for the right person. He has a really common surname too, like discovering there is a joe bloggs on so and so street lets send them a distress warrant, bastards!!!

 

xxx

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