Yes we did, as soon as the letter got send from marstons we called up marstons and got the details, we then called up the court and asked what the fine was for and the details concerning the fine.

Stat Dec was within 21 days of receiving the notice from Marstens and was sent 20 Feb 2018.

We knew which court as we sent a N245 and got a reply stating we are quoting a Medway Magistrates Court Number so we sent the Stat Dec there.

The stat dec is not the issue, that has been resolved and the lady at the court said its all gone through at Marstons has been emailed.

They should not have turned up today and then try to lie and cheat me to pay for it and not accept anything the court was saying to him.

You mention above that when you received a letter that you filled in a ‘Stat Dec’ and SENT it to the court.

Did you not telephone the court first to ascertain what the debt related to?

Yes Speeding Fine and also confirmed with Marstons as we needed the ref numbers and it was only internal ref numbers.

Who advised you to to sent the document by post?

How else are you going to send the document to the court?

How did you know before the Bailiff arrived that the court had ‘accepted’ your Statutory Declaration?

We have had no notice that they had accepted the document and have received no court letter also. We called up the Court whilst the bailiff was here and they advised us that the stat dec had been accepted and Marstons had been advised via email. They also spoke to the bailiff and advised him that they should leave.

It is not usual for a court to accept a Section 14 Statutory Declaration sent by post. Have you received any documentation from the court to indicate that it had been ‘accepted.

Nope only a person over the phone advising us of this.

Do I take it that you have decided not to get in contact?

no no was asking for email address which i realised was in the hover over.

on a different note it was the same bailiff who came last time which again was a speeding fine, threatening locksmiths then as well, bullied my partner into paying in full, wouldent show a warrant of entry.

I have spoken to marstons and I have to write to them to get the video footage which they will post to me. Last time when partner asked for the video footage the bailiff said that we would have to go down to the offices to view them.

So going to write to marstons and ask for both videos as will show the same tactic of locksmiths.

and to add to say I am annoyed is an understatement.

I will be complaining to as many people I can think of, this guy was rude and lied about everything.

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Just had a visit from Marstons Bailiff, over a speeding fine for my partner.

Once we received the letter we filled out a Star dec and sent it off.

When he arrived he stated a few things.

1. Stat dec was irrelevant as it hadent been infront of a judge.

2. That he was calling a locksmith @ £100 an hour.

3. That their system says to continue with the warrent.

OK

I called the court, and the stat dec has been accepted and Marstons has been informed.

Called Marstons who state that their system is not uptodate but refuse to call off bailiff.

Speak to bailiff who says more bs and that he is again calling locksmith.

I try and explain that the stat dec is valid and the court has accepted it.

He says that the stat dec is not valid until I have been infront of a judge and kept asking me for a "date".

Called the court again and spoke to the same woman and passed phone to bailiff, who started having an argument with the bailiff, she told him to back down as their was no warrant.

Told her over the phone that he doesnt take orders from her and hung up.

Spoke me to again and told me that he doesnt accept her word and will again be calling locksmith.

After finding out the court has accepted the Stat dec I called marstons and said, I dont care if your system is not uptodate, that is not my problem, and that I have advised that the stat dec has been accepted.

He was still outside and his final words were "Just going to my van to wait for locksmith"

Now he has gone, had a good look round and cant see him.

I want to take this further and make a complaint about this, I have read about taking it to the police and making a witness statement under Threats to Cause Criminal Damage, which is contrary to Section 2, Criminal Damage Act 1971.

Can anyone point me in right direction please.

Ok. Good luck.

Cheers just need an extra 30 days to pay yet they are having none of it.

ok and even the 1st bill wasent served correctly as stated above.

This is what i am reading and as far as I am aware they have not followed this correctly. https://www.lease-advice.org/article/ground-rent-a-demanding-notice/

My 30 days start when I get a formal request for my arrears in the correctly prescribed form, which they havent done.

So list the arrears, chronologically - showing when they were due etc...

How is that going to help?

Court Case is done yet they are bringing up the solicitors fees.

I requested a bill Aug 17 as was in dispute with the amount. Just received the bill and statement demanding full payment in 14 days. Not according to law if I am reading this right they cant demand full payment in 14 days.

Section 166 of the Commonhold & Leasehold Reform Act 2002

(3)The date on which the tenant is liable to make the payment must not be—

(a)either less than 30 days or more than 60 days after the day on which the notice is given, or

(b)before that on which he would have been liable to make it in accordance with the lease.

(4)If the date on which the tenant is liable to make the payment is after that on which he would have been liable to make it in accordance with the lease, any provisions of the lease relating to non-payment or late payment of rent have effect accordingly.

(5)The notice—

(a)must be in the prescribed form, and

14 days and just a letter not a prescribed form.

Dont get me wrong I will pay the amount, I just have the money, and they are unwilling to accept a payment plan and a 2/3 payment towards it.

surely if it wasn't judged then they cant charge any legal fees?

im not worried about those fees, they had demanded 14 days to pay yet have served that info to me incorrectly and according to Section 166 of the Commonhold & Leasehold Reform Act 2002 they need to allow 30 days to make payment. They have allowed 14 days.

I hope my thinking is right where upon day 14 I can email them and state that they have served me wrong and that 14 days is not allowed under Section 166 of the Commonhold & Leasehold Reform Act 2002, it should be 30 days min, then pay them the lump sum, which leaves me with about £700 to pay, that gives me 30 days to find that.

Plus if they take me court I will have my day in court and express to the judge that I have paid a lump sum and offered a repayment plan yet they declined it. If all fairness if they decide to take me court and win the court will make me pay less after I have filled out my N245 form.

They want to charge the legal fees from last time and add that to my outstanding balance of ground rent.

Hello there.

 

I could be misreading your post, but you seem to be saying it went to court when costs were awarded and then you say it didn't. Could you clarify please?

 

HB

The previous time it went to court years ago. This is a new one,

3 changes of management company

stopped paying as didnt know which one to send it to

then new management plucked some figure out from 1 line of excel and said thats what i have to pay.

I said show me those details. That was back in Aug 17.

They have now written to be saying you owe £2k plus if you dont pay within 14 days we will add the solicitors fees from the last time we took you to court to this debt.

Morning

I have just been sent a letter asking for over £2000 in ground rent for my flat payable in 14 days otherwise they will pass it onto their solicitors and add fees and charges.

Long story short.

Management company changed hands a few times, I asked for an outstanding balance in August 2017. I now have whats outstanding some 6 months later.

I have done some research and correct me if I am wrong but according to Section 166 of the Commonhold & Leasehold Reform Act 2002 they must send me a letter in the correct format and allow me between 30 and 60 days to pay the arrears.

I have already said that I can pay 2/3rds in a lump sum and the pay the remainder off plus my usual monthly payments which was declined.

Am I correct in saying that because they did not request the arrears in the correct way and allow me 30 days to pay the balance that I can inform them of is near the end of 14 days.

They are also claiming that they can charge me solicitors fees, which 3 years ago amounted to £1200 for a debt of £1700. This went to the Small Claims Court, the judge awarded costs but they decided to add on another £800 which I do not know what it is for. Dont these cost seem unreasonable. The case never went to court, if all the solicitors cost nearly as much as the debt.

i have asked for copy invoices of the solicitors fees and well as documentation but the management company have refused this unless I pay the full outstanding balance.

she doesnt have any idea what the CCJ is for? Letter just says we require an uptodate breakdown of I&E if we dont receive one we will lift the stay.

same residence since 2006.

They dont even know what the debt was for and why wouldent it show up on their credit file so how can they defend it.

Post for a friend

Letter from Mortimer Clarke concerning a CCJ issued in July 2017. Please fill out this I&E form within 14 days otherwise instructed to life the stay and request payment of £50 per month.

No CCJ on credit report. Requested copy of CCJ.

Defaulted back in March 2011.

1st letter knowing about CCJ.

My question is does sending stat dec as never received the CCJ paperwork and couldent defend claim, where does it reset it to?

Does it take all the way back to 2011 so debt would be SBd now or to the original court date in 2013 and debt not Sbd?

Had to email the court to see where a claim against me was as hadnt received anything.

Received an email from them today stating that due to me not filling out the questionnaire my defence was struck out,

further down

the email stated that the claim has also been struck out as the claimant did not file a directions questionnaire.

I can pay money to have my defence considered,

but its seems to be a standard email sent out as as the case has been struck out it is pretty irrelevant.

My real questions are

Can the claimant pay £XXX amount to reopen the case?

If YES do I need to pay to have my questionnaire submitted or does it reset the clock?

If they can do this will I be informed of this and my defence accepted?

Full email below.

Unfortunately we cannot process your Directions Questionnaire as it has been received outside of the time allowed.

The defence has now been struck out.

If you would still like to contest the claim you will need to apply to re-instate the defence.

This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire.

You will need to explain why you did not file your Directions Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim.

All forms can be downloaded from www.justice.gov.uk/forms.

If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court.

There is a £100 court fee to process the application without a hearing or a £255 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you are applying as an individual rather than on behalf of a company and you cannot afford to pay this fee you can check if you are eligible for help with fees by downloading the EX160A booklet.

Please note that the claim has also been struck out as the claimant did not file a directions questionnaire.

Please note, applications are not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor.

If you require any further information please contact our helpdesk on the number below. Alternatively you can email us at [email protected]; Please ensure that you state the above case number in the subject heading of your email

no letter concerning the court date found.

Is there a particular stat dec form we need to fill out and can we reverse back the payment made to the bailiff?

driving license was renewed recently as photo was out of date.

we have been 8 years so should be this address.

My partner was in bed when he arrived,

he asked for her and I said she was out,

he didnt notify me he was from a baliff,

I asked if he was from a DCA,

he then said to me he was calling to locksmith to gain entry.

Didnt explain to me that that he was a HCEO or show me any ID.

Car registered to me.

I eventually got her and he demanded payment and kept threatening locksmith and said he would not go until it was all paid in full.

Eventually she had to transfer from her savings account to pay.

I havent found a notice from the DVLA yet

I will be asking partner when she comes home she has gone out for the rest of the day.

So he can just break into my house without showing me any documentation?

thank you

1st thing i heard of it was when bailiff turned up today and threatened to break into my house, then refused to show me the reason why he could?

Just had bailiff turn, threaten locksmiths and actually called a locksmith for a speeding fine from June last year.

He handed me a notice of intention to enter and search premises - removal notice.

under Tribunals Act 2007 s12 p2 18b enter premises using reasonable force even in absence.

He said he could force entry and a locksmith would be called to gain access.

I asked him for his warrant of entry under s15 but he refused.

My partner did not know that her speeding fine would be taken to court, she is unemployed and has just had to pay £650 out of her savings for this.

Any help would be appreciated?

This is for my partner whos speeding fine it is.