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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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hi my wife got into some finacial difficulty with these pay day loan companys, there are now making aggressive calls and also sent a letter to my wifes company stating they are going to send bailiffs to the company to collect/enforcement are they legally entitled to do this,please help

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sorry just to add a note it wasnt a letter but an automated telephone message leaving no contact details to actually contact who ever,or which ever company it is

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Which PDL company (ies) has your wife had loans from?

 

These are just threats. Check the text message and get the number it was sent from...it may be possible to trace which company it is and then lodge formal complaints.

 

They cannot send Bailiffs full stop. Not to your workplace or home. Bailiffs can only be sent after they have taken you to court, won, you have failed to pay and the court issues a warrant for bailiffs to attend.

 

They may send a doorstep agent to your home but they are easily dealt with by telling the to politely get lost.

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quick quid,payday uk,pounds2day & money shop and they are automated voicemails that keep ringing her workplace

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OK. It sounds like you're ignoring them at the moment - something I wouldn't advise. What can you afford to pay each lender back. i think it should be made clear that when / if we have financial difficulties and not able to repay in full a payment arrangement should be made and not ignored.

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My advice would differ from Jamies. I would say to ignore them till you have something solid in writing, and not just voicemail threats.

 

Get a copy of that letter as well and post it up here. That is a serious breach of OFT guidance and MUST be reported.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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But they know that they owe them money? Why would you advise tuscan not to pay back what they owe? The first post I ever put on this forum a few years ago the first thing i was told was we don't advise people to ignore their debts...

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Im not saying not to pay it. Im saying hold off until they stop breaking regulation and only pay when they come to an agreement.

 

If you start paying while they are breaking regulation, they will keep on doing it as they think it is ok.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I was saying the exact same thing - stop ignoring, put it in writing, offer an amount, wait for an acceptance in writing, wait for their bank details and begin payments...

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