Looking at the template letters with their deadlines, I feel as if I've run out of time and left it a bit late to make any firm requests of MKDP - does it seem sensible that I should focus on my defence when actually in court?

CCBC sent me an electronic version of the particulars of claim. They are:

I did not receive the original claim form - this was sent to an old address. Should I request this from the court?

Hi DX, my apologies ref: the other site, that makes sense. The CCJ itself 'was' issued in June 2014, but has now been set aside. It's the original debt that is over 6 years old. I'll look into your CCA and CPR 31:14 requests and get them sent off. Best, Jim

Background: In 2003 I took out a credit card with HSBC (who I held a current account with). This had a credit limit of £200, which subsequently increased to £500, then £800. In 2007 I defaulted on the card. This default shows up on two separate occasions (more on that later) as 2008. I had been querying with HSBC how the amount owed had increased to £1700+, and had not received any answers. I (perhaps foolishly) then left this. In 2012 I wrote to HSBC, quoted the card number, and stated that I believed the matter was not resolved, and that I would like to resolve it, as I was worried about any adverse effect on my credit history. This letter received no reply, I followed it up with an additional letter a couple of months later. Neither letter acknowledged any debt or offered any payment plan; both referred to my concern over how the figure had been reached. While this was going on, I was receiving phone calls from what I believed to be various companies (Keynes, MKRR, Compello, MKDP etc etc) asking for personal details, which I always refused. It subsequently appears the alleged debt was purchased by MKDP LLP, and they were pursuing. In 2014 I obtained a cred it report from Equifax, Callcredit, and Experian, as I was looking at obtaining a mortgage. There were a number of inaccuracies, but relevant to this was a CCJ obtained at an old address, by MKDP LLP, for £1796. I applied to the court to have judgement set aside, and this was granted on the basis that I had been a continual HSBC client, so they should have had my correct address. There was a condition that I filed a defence with the court by the 12th January. The default date on the HSBC entry on my credit report (I've got some historical ones) is shown as 10/05/2008. The default date on the MKDP entry is shown as 15/10/2008. Neither show on my current credit report. The CCJ has now disappeared from my credit report. Question I have always disputed this debt. Court action was commenced before the debt became statute barred (if you count the default date in 2008 as the cause of action, rather than the date I stopped making payments etc). What should I do? A solicitor friend of a friend has suggested I 'Put MKDP to proof', and has implied that they may not pursue this any further - I however think they will. How do I go about putting them to proof, and what should I ask for? I'm all ready to send some faxes today (I've found this a pretty effective method of instant communication), so I would appreciate: 1. Knowing what information to ask MKDP LLP for 2. Some help drafting my defence Any support gratefully received. Jim

It's worth maybe £1200. I just phoned him, and explained that I had accepted some dodgy advice without first questioning it. He was very reasonable and it was clear we'd both calmed down - the car isn't being towed until Monday, and we've agreed I can make a payment tonight. Thanks for all your help guys! Jimbo

It is a 10 year old Mondeo Estate. I suspect, that following the dodgy internet advice I have questioned him on, that I have burnt any bridges I may once have had with the Bailiff!

Nope, it's fully owned by me.

OK, that's understood guys. Now, I am not in a position to pay this fine off 'right now'. I'm assuming I have no method of getting a delay or instalment plan?

The equipment in my vehicle is things like first aid training dolls, marine vhf radios, and assorted boating equipment. It is also used for towing boats on trailers. The more people that reply on here, the more it seems clear that I do owe the £300, and just need to get this paid. I assume it is irrelevant that the bailiff doesn't appear on the certificated bailiff register?

I've just spent a fair amount more time reading through the forum, and can see posts where people have stated that various of the laws quoted elsewhere on the internet are irrelevant. To be clear - I'm not criticising or refusing to accept %Ostrich%'s points, just trying to ensure I arm myself with all the facts! Ploddertom - I use the vehicle for commuting to and from work, and whilst at work I use it for getting myself and various equipment to customers premises, or to other other locations in support of other staff members.

%Ostrich%, Thank you for your reply. For your final two points - no, my vehicle is not sign written, but yes, I have offered to provide insurance documents to substantiate my claim. In relation to the rest of your comments, thank you for those. What confuses me is that it seems quite possible to visit any number of recent forum posts across the internet, and find opposing point of views. A lot of these seem to quote various laws, for example Section 38 of Schedule 5 of the Courts Act 2003 in relation to clamping orders, and Section 54 of Chapter 2 of the protection of freedoms act in relation to clamping itself. Further sources related to 'certificated bailiffs' (these guys are not certificated) and various 'test' cases where it has been stated that Bailiffs trying to levy their own fees when the full amount of a Distress Warrant from a court has been paid are committing an offence under the 2006 Fraud act. All of this (and given that most of these articles and posts reference specific laws) still leave me confused on two things - 1. Are Marston allowed to seize my car, given that I require it for business, and 2. Are they allowed to pursue £300 worth of fees on top of the original fine? I would be grateful if any advice could include an explanation as to why their answer is the case, as there is a lot of uncertainty it seems.

The bailiff has just telephoned again, and insisted his office has not received my faxed letter. He has asserted that he will be removing the car today.

Is that based on when he 'seized' it, or some other date?

Cheers guys, thanks for the warm welcome

The bailiff has just telephoned me to inform me my car is being towed away today.

In 2012 I foolishly buried my head in the sand, and failed to pay a Magistrates court fine. Eventually, in 2013, Marstons caught up with me (several change of addresses) to enforce the fine. I immediately telephoned the court, obtained the amount owed, and paid the amount in full, via debit card. The Marston bailiff telephoned me a day later, and advised that their fees were still outstanding. This morning, the bailiff 'seized' my car, by affixing a wheel clamp to it, and a notice on the window. A 'notice of distress' was pushed through my door, claiming £300. I've read various bits of advice on the web. As I understand it there are several things at play here: 1. I have settled the debt with the claimant. The Bailiffs have had no involvement, so cannot charge/enforce a fee. If it isn't stated on the original warrant, they cannot claim it. 2. My car is insured for business use, and is used in connection with my employment. The bailiff therefore cannot seize it. 3. The original notice of distress was issued in August 2012. This is only valid for a year, so is invalid. 4. My (live in) landlord can refuse to allow the bailiffs access to his property and grounds, and put up a notice to this effect. Can anybody offer any advice and guidance, including on what I should do next? Can I legally remove their wheel clamp? Cheers, Jim