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TB Law

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About TB Law

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  1. I think there is a bug with the forum software because I am showing an admin control panel and my name is a different colour. I have not asked for a promotion on this forum.
  2. I emailed Marstons. I thought they should be aware of an impending claiming against the SoS for Justice. Heads usually roll when it receives a DRP.
  3. The C&C Bill as I understand it is to introduce the Bailiffs and Enforcements Council as an approved regulator. For bailifs to be regulated, it needs a statutory regulator - whose function will: -licence bailiffs -approve the businesses and organisations that employ them -accredit the professional bodies that represent them -set standards of conduct -monitor performance -investigate complaints -punish failure to comply with regulations and order redress where appropriate But government will never do it because its the government stands to be the biggest loser being the largest benefecial user of bailiffs. Its widely accepted that bailiffs are having to collect as much money from debtors that do pay, to offset losses from debtors that dont pay which is why we have this mess we see today. A statutory regulator? Stand on me, it will never happen.
  4. 1. Yes 2. No other action needed. but make three copies of your completed form 244, one for the court, one for the bailiff company and one is your file copy. 3. No N245 needed.
  5. James, if this is not High Court, change your Part 3 to this and file it at the court making the judgment as PT says. The Defendant applies for: a) the judgment to be set aside b) costs because:- The Defendant has moved and the judgment was made in his absence and without his knowledge
  6. I stand corrected. James you need to complete a form N244 and enter the above in Part 3 of the form.
  7. An application for set aside is made on a form N245. You can download it from the court service website. On the form, in part 3 of you application, enter something like this ... The Defendant applies: a) for the writ of fieri facias to be set aside b) to set aside the original judgment made in the county court c) costs because:- The Defendant has moved and the judgment was made in his absence and without his knowledge
  8. You have been given two options, apply for set aside, or a variation. which of these would like to do?
  9. I am sorry but I am afraid that advice is not right either. The bailiff can add fees provided he has lawfully executed distrain over the defaulters goods, the law in this case is Part 52.8 of the Criminal Procedure Rules 2011. However these costs are deducted from the proceeds of sale and the balance paid to the defaulter.
  10. Back on topic. alanpower, if this fine is genuine, then the test of the fact you are only liable for the fine amount can be executed in the following manner and saving you £300 in the process. Identify and locate the sentencing court. Go in person and pay the fine at court – and get a RECEIPT. There is an ATM-like machine in the court lobby to pay fines. It will NEVER ask you to pay the bailiffs £300 fees because the court service knows you do not have to pay them. Court ushers are on hand to advise you how to use it and when you are done the Distress Warrant is expunged.
  11. Marston can ask the defaulter to pay it, but nothing in the contract says the defaulter has to pay it nor the bailiff company enforce payment. If the defaulter does not want to pat £300 of hard cash, he does not have to.
  12. Good advice but the Department has updated them with the January 2012 edition. http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf
  13. I am sorry but that advice is not right. The court does not set any fees for enforcement of court fines. The figures you have quoted are contained in a document called the Enforcement Services Contract which sets the terms of operation between the HM Court Service and the four companies contracted for the enforement of unpaid court fines.
  14. I am sorry but that advice is not right. The court does not set any fees for enforcement of court fines. The figures you have quoted are contained in a document called the Enforcement Services Contract which sets the terms of operation between the HM Court Service and the four companies contracted for the enforement of unpaid court fines.
  15. You will need to recover the fees from the bailiff company but they will not refund you. Their standard letter says "warrants cannot be un-executed..." so I am afraid you will need to file a form N1 to reclaim your money. The Marston will send the long threatening letter (goes onto two pages) with legal nonsense, and if you ignore that and wait for the hearing date to approach, they eventually refund your money and say its a "mistake". Regards the PCN, the council is contractually liable by for the bailiff company so they should be named as the first defendant and the bailiff company as the second defendant. For the HMCTS fine, this is a government unit and cannot be sued, you need to name the first defendant as "the secretary of State for Justice" at their Petty France address, and they will issue directions to the court for their current service address, and the bailiff company as the 2nd defendant. Marston use a PO Box address, but the court can look up the registered destination address which is Marston Group, 37 Sun Street, Waltham Abbey EN9 1EL and this should be your service and correspondence address.
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