Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 2128 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Yesterday I got a phone call from my 19yo son in tears.

 

a bailiff had turned up demanding £860

 

this relates to non taxing of his car that has worked its way through the court system to get to the point of a warrant.

 

My son claims he never has seen anything from the courts but this is another issue.

 

My question is this

 

I don't live at the family home anymore even though I pay the mortgage,

my son lives with his mother who wasn't around when this was happening.

 

I spoke to the bailiff (on the phone) to explain that the house belongs to my wife and me and the content are ours

 

the bailiff said unless we provide receipts to prove we own the effects he will take 4 times the value of the debt.

 

He will also call the police to force entry to the house.

 

I was left with no option but to pay the money after ringing round to borrow what I could.

 

I am somewhat aggrieved that I was forced to pay this to prevent my possessions being taken away.

 

My question is this,

 

is it too late for me to do anything about this now I have paid,

as I could request a chargeback from the bank as this was paid under duress,

and can I re-wind the court case for my son?

 

Thanks for any replies.

Share this post


Link to post
Share on other sites

the short answer to both I think is yes.

 

you should have or need to get a statutory declaration done concerning the house and its contents.

 

sadly as they usually do,

the bailiff has somewhat 'exaggerated' what people like the police can/not do here.

 

THEY certainly will not and cannot force entry!!

 

you are going to have to relay the story of not getting any paperwork etc etc.

 

as if it was sent lets say to the wrong address etc

he to can get things moving on that front too.

 

however, if he moved and did not inform the court etc etc

then it could complicate matters.

 

bit diff to guess without the full story though.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks for the reply

 

So the steps I should go through are

 

1) request charge back from bank

2) compile a statutory declaration about the contents of the house (do I need a solicitor for this)

3) ask the court to set aside as docs were never recieved

 

Grateful for replies

Share this post


Link to post
Share on other sites

I would await the more knowledgeable ones to appear

 

to confirm my thoughts

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

If this was a court fine and your Son did not receive' further steps notice' of this being passed to bailiffs, he can swear a statutory declaration at Magistrates which will re-wind the process. I presume that if this is agreed that the bailiffs will then be instructed to refund anything in excess of the fine. Worth a try.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
If this was a court fine and your Son did not receive' further steps notice' of this being passed to bailiffs, he can swear a statutory declaration at Magistrates which will re-wind the process. I presume that if this is agreed that the bailiffs will then be instructed to refund anything in excess of the fine. Worth a try.

 

Thanks for the advice my son will doing the statuary declaration monday

Share this post


Link to post
Share on other sites

Is it possible you can find out and post details of how this came about originally. I would hazard a guess this is the DVLA and it went to Court, without any input from your son in which case he will have been fined the maximum.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
Is it possible you can find out and post details of how this came about originally. I would hazard a guess this is the DVLA and it went to Court, without any input from your son in which case he will have been fined the maximum.

From what I have established this is the DVLA for non tax on a car, he did get a letter from them originally but as he was unemployed he asked for time to pay, he heard nothing further till the bailiff

Share this post


Link to post
Share on other sites

That sounds about right for them. Would the original Court have been Cardiff/Swansea as then you should be able to make arrangements to do a Stat Dec at a Court nearer to you on the basis of not knowing proceedings had been issued.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Update - Spoke to my bank this morning who said they will stop the transactiojn coming through and send me a new card in case they try and charge again. Son is doing the SD

Share this post


Link to post
Share on other sites

You should now do a statutory declaration regarding the house and it's contents - I have affixed a template which you need to take to a solicitor to have notarised (charge is £10 I think). Make sure you take a few copies of it and tell your wife/son to keep one near the front door - if the bailiff calls again post it to him through the letter box. You should also write to the bailiff company enclosing a copy of the stat dec - send by recorded delivery (with a covering letter) or there is a chance they could say they didn't get it.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

That's great thank you. For my son how does he do the statutory declaration is there template for not receiving court

Papers?

Share this post


Link to post
Share on other sites

Should be your son is invited to Court to make one.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

ok, does he just turn up at the court to do it or does he make an appointment, the only reson I am asking is that he has been trying all day to get hold of the court and gets no answer

Share this post


Link to post
Share on other sites

You need to be very careful to make sure that this is done correctly as it MAY be the case that a Statutory Declaration will NOT be accepted.

 

A debtor may ONLY do a Statutory Declaration in cases where it was not until a bailiff visit that he was aware of the conviction ( and this is what I am worried about).

 

You say that you son received something ( not sure what) and that he spoke to someone. You need to ascertain the following:

 

Did you son receive a summons?

 

Did he respond to it?

 

If so, did he plead guilty?

 

Did he receive a notice from the court to advise that a fine had been imposed?

 

If so...WHAT DID HE DO? If he spoke to the court at this stage then he will have great difficulty getting the court to accept a Stat Dec given that he knew about the fine and spoke to the court !!!

 

My personal opinion is that I would NOT have considered a chargeback at this present time. If the stat dec is accepted, the matter will be "rewound" and you will receive a refund in any event.

 

If the stat dec is rejected, the implication of doing a chargeback will almost certainly lead to a further visit by the bailiff.

 

Be careful for the moment. If you could respond to the above queries this would assist.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...