bailiffs coming at 1pm to break in please help!

[brassnecked]

loulou just post thanks to this and it will bump up yiour count

[loulou68]

thanks. he's not here yet but i'm really worried. i'm sure he will be.

[loulou68]

thanks hallowitch.

[brassnecked]

You should be able to PM tomtubby now, and she can help you further

[loulou68]

Thanks brassnecked, I've just sent the message now and its gone through this time so I'll keep my fingers crossed.

[loulou68]

He still hasnt arrived. I've just tried putting his name in the certificated bailiff register search (found the link on another post) and he is not on there. Also tried the company and he's not on there either.

[padja]

what happened at 1pm?

[tomtubby]

I am also very surprised that the CAB took the view that the "debt" would still have to be paid. It is clear that the debt is not hers.

 

Just so that everyone knows......the court have agreed that Lou Lou can attend court in 10 days time so that she can explain to them why she had not submitted a Statutory Declaration with 21 days of "becoming aware" of these parking tickets.

 

She knows that she will need to take details to confirm when her car was sold and the difficulty that she had in obtaining details of the new owner and she will also need to make the court aware that all correspondence concerning these "parking tickets" had been sent to her previous address and the reason as to why she had not received any correspodence.

 

The court have also agreed to advise the bailiff company to put the account on hold. COMMON SENSE HAS PREVAILED !!!

 

I am sure that she will be OK and she has assured me that she will post back after going to court to let us know the outcome.

[padja]

thanks for update tomtubby its good to hear it seems to be sorted

[loulou68]

I just want to say from the bottom of my heart a massive thank you to tomtubby. For the first time in four days I will be able to sleep easy. The bailiff did turn up and knock the door but I didnt answer so he went away and now at least I get the chance to put my side in front of the court in 10 days. I cannot describe the sick feeling I have had knowing that someone was prepared to take nearly a thousand pounds from me for a debt that they knew wasnt mine. Thank you to everyone who has helped me today and I will post back after attending court to let you know what happened.

[brassnecked]

I just want to say from the bottom of my heart a massive thank you to tomtubby. For the first time in four days I will be able to sleep easy. The bailiff did turn up and knock the door but I didnt answer so he went away and now at least I get the chance to put my side in front of the court in 10 days. I cannot describe the sick feeling I have had knowing that someone was prepared to take nearly a thousand pounds from me for a debt that they knew wasnt mine. Thank you to everyone who has helped me today and I will post back after attending court to let you know what happened.

 

Glad you have it sorted, so rest easy now. If the bailiff had made threats today , he would have looked extremely silly when he got the call from the office telling him to cease and desist

 

good result.

[padja]

I just want to say from the bottom of my heart a massive thank you to tomtubby. For the first time in four days I will be able to sleep easy. The bailiff did turn up and knock the door but I didnt answer so he went away and now at least I get the chance to put my side in front of the court in 10 days. I cannot describe the sick feeling I have had knowing that someone was prepared to take nearly a thousand pounds from me for a debt that they knew wasnt mine. Thank you to everyone who has helped me today and I will post back after attending court to let you know what happened.

 

and I hope it showed he had no intention of 'breaking in' that it was just an empty threat good luck in court although I dont think you will need it

[huggy41]

excellent news

[lamma]

well done TT.

[tomtubby]

Thank you for your kind words.

 

For anyone else in a similar situation, it is important to be aware that Magistrates Courts will almost always TRY to convince you that once a Distress Warrant has been issued that there is NOTHING that can be done and that all enquiries must be made instead to the bailiff company.

 

This is NOT CORRECT !!!

 

Firstly this Distress Warrant relates to unpaid parking tickets issued by a local authority that has not opted for decriminalised parking and here tickets are issued by a police officer and are still considered to be criminal offences!!! Crazy I know....but I don't make the rules.....

 

Many people are unable to respond to a summons or, ( in this particular case) parking tickets for various reasons. The most common one being that notices or the summons had been delivered to a previous address etc. By law, the debtor can file a Statutory Declaration which will then REVOKE the fine and thereby "rewind" the process. This will cancel the fine/fixed penalty notices etc. A Statutory Declaration should normally be submitted within 21 days of "becoming aware" of the fine/fixed penalty notices etc. However, the court can if they wish accept a Stat Dec AFTER the 21 days if they wish.

 

The Fines office in this particular case, were initially adamant that there was nothing that could be done and I therefore explained that the Magistrates do have a power under Section 142 of the Magistrates Court Act 1980 to re-open a case to rectify a mistake and that this very common situation is used all of the time if a person had missed a stage in the proceedings or had a conviction without their knowledge.

 

Section 142 of the Magistrates Court Act 1980 is a "general" power to correct mistakes. The Magistrates must act on proper judicial grounds and will consider whether or not it is in the interests of Justice to re-open the case in order to allow them to correct a mistake.

 

If you want to ask the Magistrates to use their Judicial Powers under Section 142 to re-open a case then you should arrange with the Court Listing Department to attend at the Court in order to make the application. There is no set form for the application and you will simply have to stand up in front of the Magistrates after arranging with the Listing Department to attend and outline the circumstances in which you believe a mistake has been made and try and persuade the Court that it is in the interest of Justice to re-open the case

[Surfer01]

Very good news and now hopefully you will give CAB a call to advise them about the incorrect advice to prevent others from falling into the same trap.

[brassnecked]

Very good news and now hopefully you will give CAB a call to advise them about the incorrect advice to prevent others from falling into the same trap.

 

Sadly OP would be wastimg breath, CAB are not of a consistent standard, and it is luck of the draw it the one in your area is any good. sadly where i am they are not up to much, and by the time you get an appointment you would have qualified for a bus pass, and your issue either gone away, or if it was housing related you could be evicted, and possibly homeless, before they see you.

 

Guess who funds them? often the council. who are they kicking if you see them for council tax, The Council.........

[loulou68]

I WILL be putting in a letter to the CAB as I feel I was really let down by them. They had the proof in front of them that the debt was not mine and despite me asking for LEGAL advice they insisted it was DEBT advice I needed. The lady I spoke to went through an income/expenditure form and as an angel (tomtubby) pointed out to me yesterday, had the bailiff been willing to speak to and negotiate with her on my behalf, I would now be struggling to pay (probably for years) for someone elses parking fines.

[tomtubby]

Sufer01

 

If you look back to the posts yesterday afternoon I have provided LOTS of advice on what should been done and I am therefore confused at your comment:

 

Very good news and now hopefully you will give CAB a call to advise them about the incorrect advice to prevent others from falling into the same trap.

[brassnecked]

Sufer01

 

If you look back to the posts yesterday afternoon I have provided LOTS of advice on what should been done and I am therefore confused at your comment:

 

Very good news and now hopefully you will give CAB a call to advise them about the incorrect advice to prevent others from falling into the same trap.

 

have to agree TT the advice guven by CAB would be from their system and therefore generic, it wouldn't likely even consider the debt didn't belong to the client in the first place, they would assume the court had got it right and it was owed.