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sorrylittlelot

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  1. Bailiff turned up less than 11 days from the Notice Bailiffs must wait at least 7 clear days not including Sundays and public holidays, plus the time of first class postage, before then can take control of goods. Looking at the Date notice issued near the top of the document, the period starts from the following day The law states that first class post is delivered on the next business day If the Date of Issue on the Notice of Enforcement, is gives a time of 23:59, then add one extra day because Royal Mail post offices close at 5.30pm and main sorting offices close at 7.30pm The Law: Civil Procedure rule 6.26 states: Methods of Service 1. First class post (or other service which provides for delivery on the next business day) Deemed date of service The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day Civil Procedure Rule 6.3(1)(b) states: Methods of Service (b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A; Civil Procure Rule 6.2(b) states: (b) "business day" means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day; Keep the envelope the Notice of Enforcement came in. If it was made by 2nd class post, then delivery is on the 4th business day. When the Notice of Enforcement is given post, and its deemed date of service has passed, the law gives a further 7 clear days before the bailiff can attend. The Law: Regulation 6 of taling control of goods Regulations 2013 states: Minimum period of notice (1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods. (2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period. (3) The court may order that a specified shorter period of notice may be given to the debtor. (4) The court may only make an order under paragraph (3) where it is satisfied that, if the order is not made, it is likely that goods of the debtor will be moved to premises other than relevant premises, or otherwise disposed of, in order to avoid the goods being taken control of by the enforcement agent. If bailiffs fees and goods have been taken following a breach of this regulation, then you can start a claim using the above-mentioned legislation and supported by evidence including a copy of the Notice of Enforcement, and if applicable, the envelope the Notice was posted, and evidence of the date the bailiff took control of goods, or took a sum of money under the pain of the rule That's what I was hoping for
  2. Sorry I misread, i thought you meant the warrant of control. Guess I'm screwed
  3. ^ not really, given I don't live at that address and knew nothing of the correspondance so not sure how I knew action was coming and I ignored it. However thanks for the feedback and I will take it on the chin.
  4. I was wondering if I have any options available not why it happened. Or to just accept my losses
  5. No I was actually wondering if the warrant of control being in a previous address makes any difference to my case as I was unaware of it. My driving license, passport, electoral roll etc etc are all in my current address.
  6. Ticket was issued October 2018. I had to send away last month for a new V5 for my car (for work reasons) as the other was lost during the moving process and I have a funny feeling my car may have remained registered at old address (although not 100% sure)
  7. Hi all, I will keep it as short as I can. Last October I apparently received a parking ticked from my local council on a public road. I don't recall getting one and on a side note a week after this my car was parked off road for over a month as I left my keys abroad by mistake so it's feasible it could of been put in the car by my other half and forgotten about (although I've never found it whilst cleaning the car out) Anyway last week I received a "notice of enforcement" letter to my current address that I didn't see as other half opens post and it was filed away. Today an enforcement officer has turned up and I jave had to pay £400 odd pound to him as the deadline on the enforcement letter was a week ago. I did ask for a copy of the warrant he was telling me was sent out in May and I was adamant I never got. On looking at the "warrant of control" letter dated in May it has my previous address on it (I've lived in my current home for almost 9 months) It is money I can ill afford but figured was best to pay to get enforcement offer off my back and stop any more action and then see what my options (if any are) So here I am asking for advice on options. I have attatched a copy of the letters.
  8. Thanks, the issue from sat year is actually why the attachment of earnings is (although the company still sending me laters)
  9. The fine is for £800 and marstons are asking for 1120 My car is worth a few hundred at most and I rent a furnished house so all types mine is clothes, bed and TV
  10. The final notice and the removal notice were hand delivered (no stamp) a day apart. The notice of enforcement was 05/07/2017 Enforcement details - says was a distress warrant 05/04/17 It says payment must be made by 23.59 on the 19/07/2017
  11. After looking through my paperwork stash i have found a notice of enforcement from collectica (I assume this is Marston's too as on marston paperwork it as that name at the bottom too) The final notice and the removal notice is for £310 more than the actual fine/notice of enforcement - fees I assume. Guess I'm asking what i should do now
  12. Hi, I have an unpaid fine via magistrate court for driving offence. I called the court in may to arrange an income/expense form but I never called back to complete it as I noticed an attachment of earnings coming from my wages which I thought out was for this fine. Turns out it's not and now I've had these two and delivered notes whilst I've been at work. I can't pay if in one go, not a chance. Any help of what to do greatly appreciated. Thanks I should add that I didn't attend court nor plea via post as I work away a lot. I haven't been means tested and I'm 99% sure I haven't had an enforcement notice.
  13. Came home e to this today - not sure what to do and I definitely can't pay what they say I need to stop further action (Hand delivered) new letter.pdf
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