Hi All,

I could really do with some expert help here!

A Bailiff visited me on 29/11/16 to collect money for an issue that i had no prior knowledge of.

The bailiff told me it was for driving without insurance (something i have never done and can prove), and that is all the information i have.

I want to do a section 14 statutory declaration, but have no information about the court hearing / date / court etc.

How do i find this out without contacting the bailiff?

I dont want them to find out im trying to stop them, and put further effort into recovering the money!!

The only information i have on the final notice is a reference number and the client which is HMCTS London NW.

Any ideas?

 

The bailiff told me it was for driving without insurance (something i have never done and can prove), and that is all the information i have.

 

You know you have never driven without insurance.

However, it is near impossible to prove (for anything that could be done!) that "you have NEVER done it".

So, you need to find out which court, and get the details of the alleged offence. Then you can:

A) provide the statutory declaration

B) gather the information to back up the stat dec by showing the uninsured driver wasn't you.

give the court a ring in the morning

you could have a common name or someone has given your details when stopped

South East, South West, London and Wales

Senior Confiscation Manager

London Collection & Compliance Centre,

2nd Floor, Rose Court,

2 Southwark Bridge, London. SE1 9HS

020 7556 8556

[email protected]

when you know what its all about

then you can do the SD at your local magistrates court where it should be free too?.

then ring the bailiff and tell him what is going on.

seems like he might have bypassed a few stages here as he should have sent several letters first

but may have done so to an incorrect address.

So i can just call the number 020 7556 8556 and give them the reference on the final notice and they should be able to give me all the information?

Is the court normally quite helpful in situations such as this?

Just out of interest, how did you get that contact information from "HMCTS London NW"?

simply put what you have in between your quote marks into a search engine

as for the advise otherwise

simply used the search CAG box of the red toolbar on your problem

several threads detail what you need to do.

give the court a ring in the morning

you could have a common name or someone has given your details when stopped

South East, South West, London and Wales

Senior Confiscation Manager

London Collection & Compliance Centre,

2nd Floor, Rose Court,

2 Southwark Bridge, London. SE1 9HS

 

020 7556 8556

[email protected]

when you know what its all about

then you can do the SD at your local magistrates court where it should be free too?.

then ring the bailiff and tell him what is going on.

 

 

seems like he might have bypassed a few stages here as he should have sent several letters first

but may have done so to an incorrect address.

Sorry DX but this is the correct contact details:

https://courttribunalfinder.service.gov.uk/courts/london-collection-and-compliance-centre

Tel: 0207 556 8500

PS: The number given by you is for the Confiscation Manager

hey great you popped in

you always know where too look

ta

dx

Hi All,

I could really do with some expert help here!

 

A Bailiff visited me on 29/11/16 to collect money for an issue that i had no prior knowledge of.

 

The bailiff told me it was for driving without insurance (something i have never done and can prove), and that is all the information i have.

 

I want to do a section 14 statutory declaration, but have no information about the court hearing / date / court etc.

 

How do i find this out without contacting the bailiff?

I dont want them to find out im trying to stop them, and put further effort into recovering the money!!

 

The only information i have on the final notice is a reference number and the client which is HMCTS London NW.

I am assuming that you had possibly moved address and the summons and all following correspondence had been sent to a previous address.

The telephone number (0207 556 8500) is incredibly busy but you just have to keep trying. When you get through, you need to explain that you have received notification from a bailiff and that you have no idea what this matter relates to. If it is the case that you had not received a summons, then you should state that you wish to make a Statutory Declaration (it is not called a 'section 14' statutory declaration).

You will be advised to contact your local magistrates court for an appointment. LCCC will need to provide you with the case reference and details of the fine etc. It is important that you ask the operator to inform the enforcement company.

Please post back once you have spoken with LCCC.

Hi All,

Thanks so much to everyone that has helped thus far.

Unfortunately after my last post i was taken ill and have just returned from hospital.

I will be back on this again now.

Luckily it appears that Bailiffs have not revisited whilst i was in hospital, but i had better get this sorted before they do!

I will keep you all updated, and thanks again!

Hi All- quick update- The Bailiffs are back!

I thought i had this under control.

After the last post on the 5th December i rang the LCCC and got through to a very helpful guy.

He gave me all the details of the case

- case number, court, etc and put the bailiffs on hold until 3rd January 2017.

I rang the court,

explained the situation and they asked me to write an email asking for the case to be reopened and attach a copy of my insurance certificate.

They said i would then be contacted by post (after confirming my address).

I did this and waited for a letter.

Nothing.

Christmas comes, my Grandfather dies and i go away to look after my father and support him.

Come back 3rd of January- no letter.

I get on the case again and find out that the court had sent me an email telling me i had to file a statutory declaration.

I dont know how i missed it.

Next day i get back from work and the Bailiffs had visited.

In everyones opinion, what is the next step?

To file an out of time statutory declaration?

now you know why people advise never giving anyone an email or phone number.

Yes fill out SD

It seems i have learnt that lesson the hard way!

Where can i get the statutory declaration form?

Hi All- quick update- The Bailiffs are back!

 

I thought i had this under control. After the last post on the 5th December i rang the LCCC and got through to a very helpful guy. He gave me all the details of the case- case number, court, etc and put the bailiffs on hold until 3rd January 2017.

 

 

I get on the case again and find out that the court had sent me an email telling me i had to file a statutory declaration. I dont know how i missed it. Next day i get back from work and the Bailiffs had visited.

It is for you to contact your local Magistrates Court TOMORROW to make an appointment for a Statutory Declaration. Once you have the appointment, please post back.

You have to ensure that you deal with this tomorrow as I fear that the court may well criticise you as you only have 21 days from becoming aware of the court fine to make a Statutory Declaration.

Is it possible to download a stat dec form somewhere from the internet? Im hoping this is possible and i can then fill it out, take it to a solicitors and send it recorded delivery to the court. Im spending 14 hours a day trying to save a business from bankruptcy at the moment, and just dont have time to go to the magistrates court at the moment (also stress levels are so high ATM i dont think i could cope with it!). Obviously if travelling to the court is the ONLY way to do this i will have to.

ps im really sorry if this information is elsewhere and easily found, ive had a brief look and just become more confused. Time is not on my side at the moment!

Is it possible to download a stat dec form somewhere from the internet? Im hoping this is possible and i can then fill it out, take it to a solicitors and send it recorded delivery to the court. Im spending 14 hours a day trying to save a business from bankruptcy at the moment, and just dont have time to go to the magistrates court at the moment (also stress levels are so high ATM i dont think i could cope with it!). Obviously if travelling to the court is the ONLY way to do this i will have to.

 

ps im really sorry if this information is elsewhere and easily found, ive had a brief look and just become more confused. Time is not on my side at the moment!

My concern here is that you spoke with the court on 5th December and they allowed you a period of time (till 3rd January) to submit a Statutory Declaration. You failed to do so within the time given. The court could now refuse to accept your application.

For the avoidance of doubt, it is no longer the case (and hasn't been since 2015) that a person can simply send a Statutory Declaration by post and expect that the fine will automatically be cancelled. You need to stop taking notice of misinformation on the internet.

The regulations regarding Statutory Declarations was amended in 2015. The position now, is that with every Statutory Declaration submitted, the defendant must indicate whether they wish to plead guilty...or not guilty to the offence.

Most importantly, the court are instructed that they must re-list the case for a new hearing as soon as possible (in most cases, appointments are made for the following week (or shortly thereafter).

In addition, with each Statutory Declaration, income and asset details are required (this is actually a mandatory requirement).

If a not guilty plea is entered, the court will list the case for a new trial and an appointment will be given.

Unfortunately, because of misinformation on the internet, a lot of people are getting themselves into dreadful trouble with Statutory Declarations and some are being very seriously reprimanded by Magistrates. I receive MANY enquiries regarding Statutory Declarations every single day. It was only last week that I received three enquiries where Magistrates rejected the Statutory Declaration.

Of very serious concern is that many people with TV Licence fines, are entering 'not guilty' pleas. This is incredibly foolish because, with TV licence fines, it is almost always the case that the defendant will have been interviewed under caution by the TV Licence Enquiry Agent...and worse still...would have signed a Prosecution Statement confirming that he had been viewing TV without a valid licence !! A person lying on a Statutory Declaration can be prosecuted for perjury.

Once again, for the avoidance of doubt, in every case where a Statutory Declaration is submitted, the case will be re-heard.

The usual procedure is for the defendant to make an appointment with the court over the telephone. At the hearing, if a 'guilty' plea is to be entered, the case against you will be re-heard at the same time. A guilty plea will reduce the amount of the fine by one third. Your income and assets will be used in setting the level of fine and a guilty plea will reduce the fine by one third. Bailiff fees will of course be removed.

Bailiff Advice - thank you greatly for taking the time to write such a comprehensive response. It is very much appreciated and explains the position clearly. I will contact my local magistrates court shortly. Can i do this despite the fact that the original case was at Highbury Court? This is on the other side of London from me (im in Surrey, Highbury is North London)

Bailiff Advice - thank you greatly for taking the time to write such a comprehensive response. It is very much appreciated and explains the position clearly. I will contact my local magistrates court shortly. Can i do this despite the fact that the original case was at Highbury Court? This is on the other side of London from me (im in Surrey, Highbury is North London)

You apply to the court that is local to you.