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Hello

 

Just recieved a distress warrant from Philips Bailiffs. I have called court to ask what this is and whtehr it was genuine as I have not been to court! It turns out it is a failure to notify an alteration, but nobody can tell exactly what that was, only that it was to do with my old address over 5 years ago.

 

Nothing has come to this address and I have therefore not been given the chance to defend myself! I am told I need to get a Statutory Declaration at the nearest Mgistrates court?

 

Has anyone else had this problem?

 

Nikinaki

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Your query is VERY common indeed.

 

HMCS "apparently" have £900 million of unpaid court fines going back many years. It is estimated that approx 30% of all warrants have errors with their address fields etc.

 

A statutory declaration will "rewind" the procedure by revoking the Distress Warrant and a new summons will be issued to your current address. You will then be able to enter a plea.

 

Did the court advise you that you need to submit a Stat Dec or was an appointment made for you to attend court? You now have a very strict time limit that you MUST adhere to.

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Thanks for your reply

 

ive not had a date the admin i spoke to just said to go to nearest court. i have emailed philips to say im goi g to do this asap im currently off sick awaiting hip surgery and walking is not an optiin currently so i will call the court fkr ny next step if i am short on time

 

thanks

 

Your query is VERY common indeed.

 

HMCS "apparently" have £900 million of unpaid court fines going back many years. It is estimated that approx 30% of all warrants have errors with their address fields etc.

 

A statutory declaration will "rewind" the procedure by revoking the Distress Warrant and a new summons will be issued to your current address. You will then be able to enter a plea.

 

Did the court advise you that you need to submit a Stat Dec or was an appointment made for you to attend court? You now have a very strict time limit that you MUST adhere to.

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You can type up a statement saying you were "truly unaware of this fine until you had a bailiff letter" and swear it before a commissioner of oaths.

 

The court shoud cease enforcment action because it knows it has not complied with Section 38 of Schedule 5 of the Courts Act 2003.

 

Dont get into a discussion with Philips, they will wind you up.

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Thanks for reply. If they visit my house how do i deal with them? Ive not had any dealings with bailiffs except a time years ago about council tax and i ended up being threatened in my home and escorted to the bank to pay immediately :-(

 

You can type up a statement saying you were "truly unaware of this fine until you had a bailiff letter" and swear it before a commissioner of oaths.

 

The court shoud cease enforcment action because it knows it has not complied with Section 38 of Schedule 5 of the Courts Act 2003.

 

Dont get into a discussion with Philips, they will wind you up.

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