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    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing. Armtrak Defence documents_compressed.pdf   I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.          
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
    • did you move during the duration of this agreement.   dx  
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Hi all, can anybody advise me on this.....i got a visit on my unit by a bailiff from Marston,who said that i owed child maintainance of 11,000 ( i dont dispute this) from 2004 and that it went to court in 2006,but because i was posted before that date and had no idea that it had gone to court and because i had not attended that hearing it got handed to them to collect.

I knew my rights and would not let them enter my quarter but got ordered to by my OC who later appoligised when he relised we were in our rights to refuse entry to the bailiffs but then it was to late they had entered our quarter, luckyly a few of my lads from the Battalion removed our own items from the house and put army furniture in its place, so he was unable to list any items for removal, we have since moved to a differant quarter. I instructed a solicitor to try and arrange for it to go back to court so that i could repay the debt at a resonable rate as i had remarried and had 3 children in this relationship, the solicitor instructed me to pay Marstons back at 200 pounds a month untill he could get it back to court, his fees are 150 pounds a month and i was struggling to pay both the solicitor and Marston, in the end i had to tell the solicitor that it as taking to long and that i could not afford his fees, this has been ongoing since july 2009.

Is there any chance i could take it back to court myself to get the amount i am paying Marston reduced as i have to pay them that amount every month, i have contacted the CSA and they told me that because it is in the hands of the bailiff no there is nothing they can do to help me.

Could anybody advise me on how i can get this back to court so that i can reduce my payments.....Thanks.

Edited by armyman

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Have you been demobbed? the CSA can apply a deduction of earning from anyone in the forces.

 

Leave the bailiff to his own devices and he eventually have to return the case back to the CSA. The law does not provide for bailiffs to charge fees for collecting maintenance on behalf of the Secretary of State.

 

You cannot take this to court, you must apply for a tribunal, and must be files within 30 days of the decision, or 13 months from the date of decision if applying direct to the tribunal service.

 

If your address has changed and decisions were sent to an old address, a "last known address", there is no limit but you must show the tribunal judge why the CSA sent decision notices to the wrong address.

 

Strangely enough, the burden of proof is balance of probability and lie with the accused. The CSA is known for subverting a basic cornerstone of English law - access to a fair trial in all civil and criminal proceedings.

 

Many demobbed servicemen work abroad in a REMO country that has since expressly re-classified the CSA a British tax, this is because the UK admits giving Tax Credits to working parents -then selectively discriminates against working parents living apart.


The next generation Nintendo Wii - the Nintendo Puu

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Good advice Nintendo Pü

 

Almost without doubt the bailiff will need to return this to the CSA, the law only allows bailiffs collecting CSA debts to enter into a agreement to pay if (and only IF) a full AND complete levy of the TOTAL amount due can be carried out, ie they is or was enough goods to levy on that could cover the 11k debt.

 

Given that as your job means you were away at some point during the enforcement process, the CSA would not have been able to serve certain LEGALLY required documents upon you.

There are certain websites (one of which sounds similar to american car racing) who can advise and take on your case to resolve this issue.

 

There is multiple High Court and Tribunal rulings over the years that prove that the CSA must follow the law regarding enforcment and arrears collections

 

As Nintendo Pü points out, the CSA as standard ignore the law and act as if they were a law unto themselves, you have rights, many of which you need to enforce.

 

As a rough guide, with arrears and current maintenance the CSA can apply for 40% of net income, however if you do not get on top of this,you could find up to 80% of gross income being deducted at source.

 

Sorry for the limited advice, CSA law is complex and without knowing more specific details, advice can only be limited, if you want more advice, search on google for specific advise or you can PM for more specific direction

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There are certain websites (one of which sounds similar to american car racing) who can advise

 

I cant see any reason NACSA cannot be mentioned in a public forum. www.nacsa.org.uk

I liked your NASCAR resemblence.


The next generation Nintendo Wii - the Nintendo Puu

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Ah yes, very good point, but keeping within the spirit of the forum rules (ie no commerical links).

 

CSA topics are`nt covered very often on consumer forums, probably due the sheer complexity of CSA law, hence why there are only limited websites that specifically deal in this area of law

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NACSA is not a commercial biz. Its an association.


The next generation Nintendo Wii - the Nintendo Puu

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Good advice Nintendo Pü

 

Almost without doubt the bailiff will need to return this to the CSA, the law only allows bailiffs collecting CSA debts to enter into a agreement to pay if (and only IF) a full AND complete levy of the TOTAL amount due can be carried out, ie they is or was enough goods to levy on that could cover the 11k debt.

 

Given that as your job means you were away at some point during the enforcement process, the CSA would not have been able to serve certain LEGALLY required documents upon you.

There are certain websites (one of which sounds similar to american car racing) who can advise and take on your case to resolve this issue.

 

There is multiple High Court and Tribunal rulings over the years that prove that the CSA must follow the law regarding enforcment and arrears collections

 

As Nintendo Pü points out, the CSA as standard ignore the law and act as if they were a law unto themselves, you have rights, many of which you need to enforce.

 

As a rough guide, with arrears and current maintenance the CSA can apply for 40% of net income, however if you do not get on top of this,you could find up to 80% of gross income being deducted at source.

 

Sorry for the limited advice, CSA law is complex and without knowing more specific details, advice can only be limited, if you want more advice, search on google for specific advise or you can PM for more specific direction

 

 

Excellent answer Sweep !!

 

You have been missing for a while...good to see you back.

 

Regards S.

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