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Bailiff Advice

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Bailiff Advice last won the day on July 8 2016

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  1. My position on paying the council direct once an account has been passed to an enforcement agent has always remained the same. It does not work. However, in this particular case...and this case ONLY, the enforcement company appear to be unwilling to issue a fresh Notice of Enforcement in line with the regulations. Accordingly, I would argue that the ONLY amount that the OP is liable to pay is the council tax arrears. The problem is, if the OP paid this sum to the enforcement agent, then common sense would dictate that the 'Compliance fee' of £75 would be deducted etc, etc. In order to avoid this happening, then in this case ONLY, I have suggested that consideration could be given to paying the arrears direct to the council. I hope that I have clarified the position.
  2. For the avoidance of doubt, in order to legally 'take control of goods' or to charge fees, an enforcement agent must issue a Notice of Enforcement and this MUST comply with Regulation 8 which states that the notice will not be considered as being legally served unless it is sent to the debtor: 'At the place, or one of the places, where the debtor USUALLY lives or carries on a trade or business'. In your particular case, B&S have undertaken checks and have established that you have moved. In this respect, they should have issued a fresh Notice of Enforcement to the address where you USUALLY live (which is number 6A). Unless they are willing to do so, the position is very clear. They can neither take control of goods...or charge fees. To do so, would be unlawful. You may wish to remind the company that unless they are wiling to issue a fresh Notice of Enforcement to your USUAL address (number 6a), that you will be looking to pay the ARREARS direct to the council.
  3. When a new address is located, an enforcement company must abide by Regulation 8 of the Taking Control of Goods Regulations 2013 and issue a fresh Notice of Enforcement as outlined in my previous post (number 18). You mention that Bristow & Sutor are continuing to disagree. Do you have this in writing?
  4. I am having difficulty trying to understand your post. From my reading of your question, it would seem that you had a court fine and that the COURT allowed you to repay the debt in monthly instalments. Unfortunately, you defaulted (in November). I am confused by what happened after this. You mention that you then incurred admin and late payment fees and that you paid these charges. Where these charges applied by the court? If so, how much were they? I am assuming from your post that you continued making payments to the court and that the final payment of £75 was due to be paid in March but that you again defaulted. After doing so, you received a visit from Marston's and that the amount now owed is £370. You mention that apparently, the court had passed the case to them when you defaulted on your payment arrangement last November. You should have received correspondence from Marston's but almost certainly; you should have received correspondence from the court to advise you that your payments made to the court had been FORWARDED to Marston's. Did you receive any correspondence? If not, then you need to call the court and ask them to confirm what address they have recorded for you.
  5. Before taking any further steps (and very likely wasting £100) you need to understand what a Witness Statement is and more importantly; what an Out of Time Witness Statement is: If you have a Penalty Charge Notice, Dart Charge, Merseyflow etc, then on receipt of the Order for Recovery you are given 21 days to file a Witness Statement (or Statutory Declaration) to request that the debt be cancelled. There are only a few grounds on which such an application can be made. The most usual one being that you had not received the Penalty Charge Notice. There can be many reasons for this (such as being overseas, in hospital, temporarily away from home etc). The most common reason though is because notices had been sent to a previous address. The less common reasons are outlined on the Statutory Declaration (Form PE3). As long as the Witness Statement is submitted within 21 days, the debt will automatically be cancelled and the local authority (Dart Charge or Merseyflow) will 'rewind' the procedure and issue a new Penalty Charge. It is that simple. You will then be able to pay at the earlier discounted rate. If you only became aware of the Penalty Charge Notice etc when contacted by a bailiff, then the law provides that you must still be given the opportunity to file a Witness Statement (or Statutory Declaration). However, because the 21 day period has EXPIRED, a SEPARATE application has to be sent to the Traffic Enforcement Centre as well to REQUEST PERMISSION to allow you to submit your Witness Statement LATE (ie; Out of Time)….hence the name of the forms. In this respect, you would also be required to send to TEC either form PE2 (Application to file a Statutory Declaration Out of Time) or form TE7 (Application to file a statement Out of Time). Here are the pitfalls: Because the time period to file a Witness Statement has expired.....the debt will NOT automatically be cancelled. Instead, the Traffic Enforcement Centre must send both forms (TE7 and TE9 or PE2 and PE3) to the local authority (Dart Charge , Merseyflow etc). They are given a period of 19 business days to decide whether or not they are willing to give THEIR PERMISSION to allow you to file your witness statement LATE. In reaching their decision, the council would rely upon the information provided in the 'reason' section on the PE2 or TE7. It will not be sufficient to merely state that you had moved address and this is the mistake that the vast majority of motorists make !!
  6. And this why you need to think carefully about what you put on your N244 application. Item number 2 of your 'new reasons' state this: "The warrant of control had my previous address and an enforcement agent took an enforcement step without the authority requesting the issue of a new warrant specifying the new address of the respondent under CPR 75.7(7)" You are making a serious claim here that the enforcement agent had NOT requested a NEW warrant. This is entirely different from the bailiff VISITING your old address. How do you know that a NEW warrant had not been requested? What EVIDENCE do you have to support this statement?
  7. If it is the case that you will be required to pay the court fee (of £100), then my personal opinion is that you would be wasting your money but that must be your choice. I would also caution you against using the above 'new reasons'. You did not receive any of the notices from the council and this is simply because you had failed to update your V5C (Log Book) when you moved. An exceptionally common situation indeed. What you should have been saying on your OOT is that you acted responsibly by updating your driving licence when you moved but that with regards to your V5C (Log Book), you genuinely thought that updating of the licence meant that your V5C had also been updated and that you realise now that this had been an mistake on your part. With regards to item number 2 of your 'new reasons', who informed you that an application had not been made to amend the address on the warrant? What evidence do you have to support this?
  8. Are you in receipt of benefits? If so, you may be exempt from paying the £100 fee. Please do not be tempted to request that the review is heard in open court (£255 fee).
  9. There is little point in contacting the enforcement company just yet as they would not be aware of the rejection of your application. Also, you are given a 14 day grace period to consider whether to seek a review (of the rejection). I would suggest waiting a few days. As your vehicle has been written off, you do not have to fear that it will be seized.
  10. The first thing that you need to think about is your vehicle as this would be the item that a bailiff would be looking to seize. How much is your car worth and is it on finance? Next, you should contact the enforcement company and request that they send you a NEW Notice of Enforcement. The reason why they must do this is because, regulation 8 (1) of the Taking Control of Goods specifically states that such a notice must be sent "to the address where the debtor usually lives" When the new notice arrives, the amount should be £173 will will include bailiff fees of £75. As long as you contact the enforcement company straight away, you will be able to enter into a short term (usually around 3 months) payment arrangement.
  11. For visitors reading this thread, the specific regulations regarding a 'review' are outlined under item 6.3 of the Practice Directions supporting Part 75 of the Civil Procedure Rules which state as follows: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part75/pd_part75#6.1 6.3 Attention is drawn to the limited powers of a district judge where a request is made to review an order of a court officer refusing an application for further time for filing a statutory declaration or witness statement. Any review of that order by a district judge will only be a review of the decision to refuse the application for further time for filing a statutory declaration or witness statement.
  12. As your application has (not surprisingly) been refused, you are able to 'seek a review'. Such applications are in fact, few and far between and the reason for this is twofold: Firstly, there is a court fee of up to £255. If you are in receipt of qualifying benefits, you may be exempt from paying all or part of the fees. Secondly, in seeking a 'review' the District Judge is VERY limited indeed into what he can consider. What you CANNOT do is to try to 'improve' your Out of Time application by attempting to introduce statements that you had not included in your ORIGINAL applications. That is a fact. Accordingly, your 'new comments' outlined above can be ignored. The Judge would only be able to 'review' what you had initially stated on your PE2 and PE3.
  13. I know that you now realise that you had not provided anything like enough of an explanation to justify the cancellation of the debt, but I am curious as to WHY you provided so little information. PS; Please don't beat yourself up about this because well over 65% of Out of Time applications are REFUSED and almost all rejections, are due to the same reason that yours has.....lack of information to support the cancellation of the debt.
  14. Unfortunately, Out of Time witness statements and statutory declarations are applications that motorists submit to the Traffic Enforcement Centre without so much as knowing what these applications are for and what information should be recorded on them. In simple terms, an Out of Time Statutory Declaration is a request for consideration to be given to CANCELLING the debt registration (including bailiff fees) because something had gone wrong at an earlier stage (such as; documentation being sent to a wrong address). If the application is accepted, the local authority will then issue a NEW penalty charge notice to your correct address. You would then be able to pay the charge at the earlier discounted rate. On both the PE2 and PE3 there is a 'reason' box. What information did you provide in both these boxes?
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