quick update: Had letter back from court saying that no adequate reason was given..... ok, theres me thinking that maybe an application of appeal would see me in the dock to express my case not to have to submit it with an application of appeal?

Seriously considering just letting the friggin arswipes in to take the rest of whats left, everything else of any value has been moved and gone anyway so whats the worst that can happen ?

No wonder people give up so quick.

Hi Caggers,

last year i got myself into a bit of a pickle.

Too many hours at work and a marriage that i couldnt hold together. Dire times.

Had to sell the car.

Couldnt at the time of sell, find the V5 but i knew that i did have it in a pile of papers.

I rang DVLA to ask about a replacement and the following day, i found it.

Entered the new owners details into the form and sent it off A couple of days after this, i had to move out. That was that....

OR WAS IT!

A few months down the line i took receipt of a letter that stated i was to pay some fine or something.

.. Wait a moment, i didnt owe anything anything so

i rang the number (poole court) and spoke to someone about the issue,

turns out dvla had prosecuted me!

It was suggested on the phone that i submit a stat dec.

No body told me that i had only 21 days to do so.

Now, in between all the moving around and trying to salvage the marriage and working 70 hours a week to pay for everything (again)

i totally forgot about the whole thing,

time passed,

i moved out and found a little flat.

No letters from dvla, no letters from hmcs nothing..

. until monday when i had a nasty letter from marstons wanting to remove goods

. HANG ON ! So....

. i researched the whole DVLA lost letter thing and boiled it down to section 7 interpretation act etc.

I got in touch with the local mag court and told them what had happened and

they said that i did not respond within the 21 day stat dec requirements so an out of time stat dec would have to do...

I was then advised by the mag court staff that i would be better off sending them a letter,

marking it "letter of appeal against conviction",

so i penned the following letter:

LETTER OF APPEAL AGAINST CONVICTION / SENTENCE

DATED : FRIDAY 22nd NOV 2013

I wish to appeal against my conviction on the following grounds:

1) I did not receive a “Notice to owner” from DVLA”

2). I gave notice to DVLA in accordance with law which they claim they did not receive:

Section 7, Chapter 30 of the 1978 Interpretation Act - References to service by post -

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send”

or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing,

pre-paying and posting a letter containing the document and,

unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

3). I was not able to represent myself in court not knowing that the case had been heard in my absence:

ARTICLE 6

, Right to a fair trial

1. In the determination of his civil rights and obligations or of

any criminal charge against him, everyone is entitled to a fair

and public hearing within a reasonable time by an independent

and impartial tribunal established by law. Judgment shall be

pronounced publicly but the press and public may be excluded

from all or part of the trial in the interests of morals, public order

or national security in a democratic society, where the interests

of juveniles or the protection of the private life of the parties so

require, or to the extent strictly necessary in the opinion of the

court in special circumstances where publicity would prejudice the

interests of justice.

2. Everyone charged with a criminal offence shall be presumed

innocent until proved guilty according to law.

3. Everyone charged with a criminal offence has the following

minimum rights:

(a) to be informed promptly, in a language which he

understands and in detail, of the nature and cause of the

accusation against him;

(b) to have adequate time and facilities for the preparation of

his defence;

© to defend himself in person or through legal assistance of

his own choosing or, if he has not sufficient means to pay

for legal assistance, to be given it free when the interests

of justice so require;

(d) to examine or have examined witnesses against him and

to obtain the attendance and examination of witnesses on

his behalf under the same conditions as witnesses against

him;

(e) to have the free assistance of an interpreter if he cannot

understand or speak the language used in court.

I wish to apply outside of the 21 days notice (Out of time statutory declaration) because:

1). I was unaware until very recently that I could only submit a statutory declaration within 21 days and knew nothing of an “Statutory Declaration Out of Time” submittal or its applied process.

2). If I had been aware of a pending prosecution I would of attended to give my defence.

Mr xxx

Went down to the court with said letter and submitted it today.

Now then, a few questions.

Did i do the right thing ?

How would you of done this and why?

Does this stop the bailiff from executing a warrant of distress?

Would i contact bailiff to let them know that a contest has been submitted?

What if the whole thing gets refused?

What next ?

DVLA SAR to get as much as possible

FOI requests to prove mail gets lost

Would appreciate some guidence on this one folks.

As always, thanks in advance.

a locked door is not deemed "forcible exclusion".

so a bailiff can gain entry through an unlocked window and start making a levy on the basis of a penpushers f*ckup... sounds about right

too many "ifs" i think. maybe i worry too much :]

but couldnt he / she argue that access was implied before revoked and therefore a levy was underway? you know what these buggers can be like...

Yep, will get on it. In the meantime though, does anyone know if a bailiff has the legal right to put a foot in the door to stop it closing? If a person slammed the door and the bailiff claimed injury under common law would it not be accepted that he or she knew the element of risk associated with that action?? Your thoughts?

communication has been rather sparse, i drive a bus for a living so only get 45 mins of time during LA open hours and its not always possible to keep on hold and eat a sarnie in the cab of a bus, things were going ok until CSA stepped in and started to take 200 pcm from a limited income. I will however, make a habit of phoning them tomorrow and post back what gets said... thanks for the reply.

Hi guys,

my local auth issued a council tax bill which did not show a single person discount, i refused to pay until the bill was corrected. in the meantime i was notified of a summons to which i replied account in dispute and sent LA another letter to remind them to change the info on the bill as it was incorrect. A liability order was issued on the basis that the incorrect amount was not paid. Was the LO issued unlawfully? is it unenforceable? can the bailiff that attended but did not gain access legally charge fees on the basis of the LO that should not of been issued? I have not contacted the bailiff in question and have no desire to do so and i fear that time is short now (my fault) before he makes another appearance. Any suggestions? Regards, Tiny.

http://www.wykeradio.org/cag/1.jpg

http://www.wykeradio.org/cag/2.jpg

I have linked to the paperwork that i have instead of consuming loads of bandwidth here!

Knowing my luck its all gone way too far for me to rescue.

You thoughts please.

Tim

Hi,

my wife and kids moved out a while back. The wife managed to get a privately rented property with quarterly billed electric and gas meters. My question is this:

Despite the tenancy agreement stating that no interference can be made to the gas / electric services, would she have the RIGHT to change payment type and thus have the meters changed? I assume that the meter(s) in question are the property of the respective gas / electric supplier?

She is worried that the kids entertainment is taking too much KWh and is not looking forward to the bill. She is able to manage her money a lot better knowing what she can afford on a weekly basis (which changes)

Cheers,

Tim

yes,

500 rent

1600 C Tax

8800 Car (BR threat)

a couple of other small bills for under 80 ish pound

Most of the debt comes from having the wife instructing the solicitors to have me removed from the property within 14 days and i had to borrow some silly money to get out before the order came through! This meant that i have had 2 months of effectively, no income whist i tried to get things sorted out. Council tax are still being pains in the arse because they keep trying to charge me £200 for a 5 week stay in a different property and seem to think that this is good value. Trouble is they keep putting the wrong amount back onto the amended bill which in turn gets sent back as "in dispute"

like my previous post - i will get the info in full and post back here later this eve.

cheers.

Hi,

ok, the secured loan was for 8,800 inc of ppi and Gap

i will dig out the file later this eve ad post all the info that i have.

cheers

Hi,

first of all many thanks to everyone who posts here - some great information.

Ok, here is my problem.

Many years ago, like an idiot, i went to a yes car credit depot in Bristol and allegedly signed a CCA. I didnt think for one moment that i was buying a loan!

Anyway, i was made unemployed a year later and defaulted on the payments AFTER hearing that i could not invoke the PPI that was taken with it. I was told that the PPI was obligatory because the payments had to be insured!

The car was picked up by the repo team a short time later. I was making payments of ten pound a week. Then i read about the PPI scams and asked yes (before they went under) why it was that PPI was mis-sold to me. I was sent an amended bill showing the removal of the PPI.

1). Does the initial mis-selling of the PPI invalidate or make the original CCA un enforceable ?

The ten pound a week stopped in protest and they (Go Debt) got stroppy and threatened me over the phone with bunkruptcy. They even wanted me to take a day off from work so they could meet up with me to serve the papers !!!!

Anyway, i was thinking about applying for a copy of the CCA again. The first time i done this, a copy was sent that was not a copy (the signiatuer from them was freshly applied by pen and had a smudge mark on it - therefore not a true copy)

I read somewhere on the forums that you could ask for a true signed copy by using a disclosure rule?? Whats that all about - i'll try to find the thread again)

I took the loan of 8800 and this was secured on a vehicle supplied by them that was sold on at 2k (auction) i have also made around 4k in cash payments.

I would like some advice (opinions are good too) on where to go from here? Should i just ignore them and wait for the BR papers? Do the papers have a time limit to be served? How do they serve them if they cant serve by hand ?? Can they serve to a previous address if a postal re-direct is used? What papers need to be served and are other papers attached to them ? (i read somewhere that a notice of assignment, notice of default etc is required to come with the BR papers)?

Where do i go from here

i work my arse off for 6-50 per hour over 50 (avg) hrs a week.i have every man and the dog chasing me. I am starting to think maybe BR is the only way forward for me.

Are there any debts that even subject to BR are later recoverable? Council tax springs to mind...

I am married but we do not live together and live as if living separately - can the OR touch her assets ?

heeeeeellllppppp!!!!

cheers,

Tim