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    • You are the OP of this thread. As I said, I doubt the OP of the original question is following this as she has more important things to worry about.   I'll ask you this:   1. have you ever been in a Magistrates' Court when a Statutory Declaration to set aside a motoring conviction was made?   2. If so did you ever see the maker quizzed or questioned  to test their honesty in connection with the SD?   3. Have you ever seen such a Declaration rejected for want of truthfulness (rather than a procedural or administrative error or mistake)?   My answers to the above would be as follows:   1. Yes on, I would estimate, at least two hundred occasions (six or seven on one day last week alone). It may be more, I've never kept a proper count.   2. No, never.   3. No, never.   Now it could be of course that I have been particularly fortuitous and that all the makers of those SDs were paragons of virtue and/or that all the Magistrates concerned were exceedingly gullible and believed everything they were told without question. On the other hand it could be that during their training the Magistrates were instructed that when hearing an SD they were simply witnessing that it had been made before them and that they were not testing its truth. I imagine they were either shown or have probably seen since a copy of this form which is completed before making an SD:   https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2014/crim-pr-form-part37-statutory-declaration-revised-feb-2014.pdf   In the "Notes for Guidance" is this:   "Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (e.g. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates’ Courts). The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury."    The bold type is my emphasis so I think I know which of my two scenarios above is more likely. I hope this wasn't too rude or arrogant for you and  I'll leave it at that now. But I will ask you (politely) once again to please stop providing misleading information to people who have enough to worry about. It confuses them, others have to correct it and it leads to unnecessary stress for the posters.
    • Thank you for your help, just to clarify please. In the CPR 31:14  request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim'    Thank you again
    • As its council tax, they have no right of entry, so don't let them in, and they cannot force entry nor  climb through windows, but cn walk through unlocked door  They have no right to snoop into your bank accounts, and would be in serious trouble if they did.  I'm sure others will be along soon with further advice/suggestions.  Did you apply for Council tax Relief, if not do so NOW, and get your local council member involved pronto as in now.
    • Sorry its so complicated right now.... totally temporary but totally complicated.  I just dont want bailuffs knocking in the interim, thats my main concern. The standing order is going out still to Lowell,  what was happening was other things were going out the same date and that was leaving not enough money in the bank to pay lowells SO.....hence it looked like Id just stopped paying, hence CCJ. It went out last month and again this month though.
    • A fixed rate mortgage does not change due to SVR changes. It sounds like you were not on a fixed rate?   do you still have the paperwork you signed to set it up?
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I have a notice from Rossendales saying they intend to seize my goods within 24 hours unless I pay 1200 for unpaid council tax.

 

I wrote to Rossendales a while ago offering a payment plan (150) a month but had no reply. I stupidly left it at that.

 

They have never entered but my van, kept behind a locked 2m high gate is listed on a walking posession order. Is this valid even though I have never spoken to them or granted access to my property?

 

How should I handle this?

 

I just want to pay it off at a reasonable rate and not loose my van

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is the van for business use if so levy could be argued

 

Start making payments Direct to the council using correct reference number

 

When was the levy on your van how many months ??could be considered an abandoned levy

 

keep bailiffs out

 

if you make payment arrangements with bailiffs they will do a walking possession order set the monthly figure too high so that you default and then they hit you with more fees and charges

 

payments to council is the way forwards on this


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Levy on the van was over a month ago.

 

Its for personal use.

 

I haven't ever been in when the bailiff called and the gate has always been padlocked.

 

Im really worried they'll take it

 

Id rather deal with the council but am very worried about my van

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also theres around 300 charges on top of my bill

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how much is the van worth

 

move the van if needed


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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so van would not cover the debt and costs could be seen has been done to gain fees for the bailiffs

 

charges sound wrong how many times have bailiffs attended and what fees are listed


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I think 3 times, there is no breakdown of charges

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If you have a copy of the letter you sent to Rottendales you can use it to your advantage, start to pay the Council direct via their automated online system, make regular affordable and sustainable amounts each week on the same day eg: every Monday.....this will soon show you to be a 'want to pay' as opposed to a 'won't pay...write to your Council , tell them that due to the unreasonable behaviour of their appointed agent you no longer have any confidence to their ability to address the matter fairly, subsequently you will continue to make all future payments directly to them. Any fees alleged to be owed to the bailiff will be in need of close scrutiny and you require a full breakdown of them.

 

Move your van and if possible put it in a friends garage alternatively remove the registration plates and tax disc if it is 'off the road' and parked up during the day.

 

WD

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