OOT Stat Declaration refused, should I file n244?

[dronnieboy]

Hi all,

 

Hopefully somebody can give me some advice....I received an order for recovery from Tower Hamlets Council for a PCN that I didn't receive. I sent a statutory declaration to this effect. The next I heard was a bailiff's letter. I then rung Northampton County Court and they said they had sent me a letter explaining that my declaration was out of time - I never received this. I then sent an OOT Statutory declaration PE2 and PE3 form on their advice. A couple of weeks later a Bailiff knocked on my door and said I now owed £700!! I immediately sent another OOT statutory declaration that today has come back refused. It mentions that I can file a n244 form, but wanted to know whether the above will stand up in court? I don't want to find myself even further out of pocket if I lose the appeal. PLEASE help on what you think I should do next.

 

Thanks in advance for your help.

[tomtubby]

When making an Out of Time you have to provide a reason why you are completing a Statutory Declaration LATE . This is normally because it was not until such time as you received a bailiff that you were made aware that you had a PCN and that from enquiries made, documents had been sent to an old address etc.

 

There are 4 reasons that you can give and without knowing what you put on the form it is very difficult to advise.

 

Can you be more specific?

 

Do you still have a car and if so, what is it worth and is it on finance?

 

Did you pay a bailiff ?

[dronnieboy]

Thanks for your reply.

 

I haven't paid the Bailiff, I still have a car and it's worth about £2.5k.

 

The original statutory declaration that I sent was apparently just outside the time limit. Nothampton received this, and sent a notification back asking me to fill in an OOT. I never received this letter. The next I heard I had a letter from the bailiffs. Pannicking, I rung the county court and was advised of the above and that I would need to fill another pe2 and pe3 form in. I sent this off, but got an actual visit from the bailiff claiming the court hadn't received it. I obviously double checked and they hadn't! I immediately sent another (this time recorded delivery) but it was refused. The correspondence had an email attached that Tower Hamlets had sent, stating they wouldn't accept. Now I don't know what else to do apart from this n244.

 

Hope this is more specific, but please let me know if you need any more details.

 

Thanks

[tomtubby]

When making an Out of Time you have to provide a reason why you are completing a Statutory Declaration LATE . This is normally because it was not until such time as you received a bailiff that you were made aware that you had a PCN and that from enquiries made, documents had been sent to an old address etc.

 

There are 4 reasons that you can give and without knowing what you put on the form it is very difficult to advise.

 

Can you be more specific?

 

Do you still have a car and if so, what is it worth and is it on finance?

 

Did you pay a bailiff ?

 

On what grounds did you file the Out of Time Application and what reason did you give for it being late?

[dronnieboy]

I filed the OOT because my first stat dec was apparently just past the 28 or 30 days for appeal. They said they wrote to me informing me of this, but I never received the letter, hence the visit from the bailiffs.

 

My stated reason was that I had no idea that the very first one I sent was actually past the deadline, as I didn't receive their notice.

 

Thanks