Excel Civil Enforcement, notice of enforcement

[CoffeeJuice]

This is a complicated situation that I have no idea how to deal with.

 

 

I apologise for the wall of text.

 

 

I also apologise for the dramatic nature of some parts, it's not something I like discussing,

but I suspect some parts may (or may not) be relevant.

 

I was living in an abusive situation, - last August I went away for a few weeks.

 

 

The house I was living in had been divided and I had padlocks on all my doors in my living areas that I use to protect my stuff.

 

 

I find out the person who has been abusive to me for 20 years, broke these locks and removed all my belongings.

He has dumped them in a single room and has helped himself to my stuff.

 

 

I have been negotiating to collect my belongings and officially move out (it's a big game to him).

It's a tangled, complicated situation and this is a separate issue,

but bottom line, I've not been back since last August and have been in limbo.

All my possessions are there, including my car.

 

I fear for my safety with this man,

I do not want the police/solicitors involved as I do not want him to know where I am now.

 

 

Because of this, I recently created a mailing address to start the process of redirecting my correspondence and making an official break from there (not least because he has form for messing around with mail that doesn't belong to him).

 

 

I don't know how but Excel Civil Enforcement found my actual mailing address.

I get a letter from them saying I owe £1020.00.

I haven't a clue what this is for.

 

 

The letter is headed with 'notice of enforcement'.

It says I owe money to Her Majesty's Courts and Tribunals Service.

The enforcement details are “Unpaid fine or compensation imposed on [date – Feb 2016]

for Use / keep motor vehicle – fail to comply with o.”. It cuts off so I haven't a clue what “o” is.

 

The only thing I can think of is a parking fine from a few years back in a non council owned car park.

Darkly ironic that I got this fine that day because, whilst he was driving he taunted me about how easy it would be for him to take my life.

 

 

I was screaming to be let out of the car and had a panic attack when he wouldn't let me out.

When we parked at the car park, I was in shock. Neither of us paid parking.

 

when that company sent a letter demanding money, I'm pretty sure I followed advice I found on this forum.

I wrote to them them for a break down of their costs and a few other things given in the advice that I can't quite remember.

They never replied and they stopped the regular correspondence.

They would occasionally send a scare tactic once or twice a year.

 

I have no idea if this parking issue relates to the current fine.

The large amount suggests to me something he may have done with my car whilst I wasn't there.

Though the car is sorn'd, has been off road for a couple of years, and pretty undrive-able.

 

I have no clue what this enforcement is for, I haven't been back in nearly a year.

 

I want to metaphorically take the bull by the horns and deal with this,

but honestly, I'm scared.

I'm scared anything I do might mean he finds me.

I'm scared he's done something I am liable for.

 

Obviously, I know my first course of action is to find out what this is actually for.

But I would like some advice on how I should approach this in the first contact.

 

The fact that it seems to have gone to court,

I suspect means I don't have much recourse.

I'd like to know what my options are and if I can appeal?

 

Thank you.

[ploddertom]

It sounds like a Magistrates Court Fine for something to do with a vehicle

- possibly non-payment of car tax or not registering an address

- as you mention it was SORN then it does sound as if it has been seen on the road.

 

 

You say you don't want the Police involved but this is something you must think about

- you can possibly get a restraining order.

The Police should not be passing your details on.

[Bailiff Advice]

Almost certainly this debt relates to a court fine as opposed to a local authority issued penalty charge notice. The difference between the two is that one is a criminal offence (the court fine) and the other...a civil offence.

 

Where this matters, it that when it comes to enforcement, a criminal court fine attracts the ability of the enforcement agent being allowed to 'force entry'. Accordingly, you need to address this matter with some urgency.

 

If you had not received a summons (which appears to be the case), you can apply to the magistrates court for permission to file a Statutory Declaration. You must call Excel to ask them which court issued the warrant or instructed them.

[CoffeeJuice]

Thanks for the replies, much appreciated.

 

Re Bailiff Advice: the letter says which court it came from. I've just read a little about Statutory Declaration, though am confused. Am I right in thinking I have to get a solicitor to sign something?

[Bailiff Advice]

Thanks for the replies, much appreciated.

 

Re Bailiff Advice: the letter says which court it came from. I've just read a little about Statutory Declaration, though am confused. Am I right in thinking I have to get a solicitor to sign something?

 

You can if you wish, draft a Statutory Declaration yourself, get it witnessed by a firm of solicitors and post it to the court. Given a change in the regulations around a year ago, I never recommend this particular way of dealing with a Statutory Declaration.

 

In any event, you cannot submit a Statutory Declaration without first knowing the following:

 

What the debt relates to?

 

When the summons was issued and what address it was issued to.

 

The date that the case was heard in court and the amount of fine etc.

 

What you must do is to contact the relevant court by telephone to establish answers to the above. You can then explain that you left the property due to an abusive relationship and that you had not received the summons etc.

 

The court should then be able to make an appointment over the telephone for you to attend the court for a Statutory Declaration. If they do so, they will contact Excel to ask them to put enforcement on hold to await the outcome of the Statutory Declaration procedure.

[CoffeeJuice]

Thank you for your advice.

 

I eventually got a reply from Excel, they didn't answer my questions but told me it's been referred back to the court and I have to contact them. I'm still none the wiser what the fine is for.

 

What does this mean? I'm really scared they are going to put a warrant out for my arrest!

[ploddertom]

It is the Court you need to be in contact with.

[Bailiff Advice]

Thank you for your advice.

 

I eventually got a reply from Excel, they didn't answer my questions but told me it's been referred back to the court and I have to contact them. I'm still none the wiser what the fine is for.

 

What does this mean? I'm really scared they are going to put a warrant out for my arrest!

 

You are very fortunate in that you are being an opportunity to sort this matter out without the worry that a bailiff may visit you.

 

Once the warrant is back with the court it is for YOU and not the court to make contact. Unless you do so, the court can forward the warrant to another enforcement company or worse still, issue a warrant for your arrest.

 

Call the court and provide them with your name and address. They should be able to locate your details.

 

Do you know which court issued the warrant?

[Coughdrop]

Call the court and provide them with your name and address. They should be able to locate your details.

 

Do you know which court issued the warrant?

 

Yep!

 

 

Re Bailiff Advice: the letter says which court it came from. I've just read a little about Statutory Declaration, though am confused. Am I right in thinking I have to get a solicitor to sign something?

[CoffeeJuice]

Thanks for all the advice. I will be contacting the courts.

 

The letter had a geographic location, which I thought was the court 'area'. When I searched several courts came up. Excel gave me a number, which seems to be a general switchboard number, I will ring that.

[Bailiff Advice]

Thanks for all the advice. I will be contacting the courts.

 

The letter had a geographic location, which I thought was the court 'area'. When I searched several courts came up. Excel gave me a number, which seems to be a general switchboard number, I will ring that.

 

I did suspect that you were not told which court and that is why I asked the question. If the number given to you by Excel doesn't assist, please post back and we should be able to help further.

[CoffeeJuice]

Right. Well. This fine was caused by my ex driving my car whilst under SORN. My car has been off road for the past few years. I thought it was pretty undrivable. Apparently not. He did this during my time away.

 

The lady I spoke to said I can appeal this at the Magistrates Court. She also said I can appeal after I have paid the fine, and the fine will be refunded if appeal is found in my favour. So to make the immediate problems go away I am going to pay the fine, and then I will appeal this.

 

I now have another problem. The car, as far as I am aware, is still with him. I'm extremely concerned he has, or could, run up several of these fines.

 

I need to no longer be liable for my car, but all car documentation is at the property. The car is not worth much and am happy to scrap or give it away, but obviously can't without the docs. Any advice on what to do next would be greatly appreciated.

[Homer67]

Report your car to the Police as being taken without your consent, has he still got the car and do you know where it is? Where should it be? If it is SORN and you left it off road it should still be there.

[Coughdrop]

The safest way is to contact the DVLA in Swansea ( 0844 453 0118 ) and tell them what you want to do. They may suggest getting a new log book (£25) in order to get the yellow slip needed to inform them you are sending the car to an ATF. However, if you state you want to avoid spending £25 purely to get a tiny slip of paper, they may accept written notice you are scrapping the vehicle.

 

There are then plenty of scrap metal merchants who will collect cars, and send you the certificate to state it has been scrapped properly.

 

Be very wary of people who tell you that you don't need anything from the DVLA, they could well be [problematic] who would put your car back on the road leaving you liable for it. Ensure it goes to a proper ATF.

[Coughdrop]

Sorry, an over-enthusiastic censorship set up has amended my post automatically. For [problem]mers, s-p- am - mers

[Bailiff Advice]

 

The lady I spoke to said I can appeal this at the Magistrates Court. She also said I can appeal after I have paid the fine, and the fine will be refunded if appeal is found in my favour. So to make the immediate problems go away I am going to pay the fine, and then I will appeal this.

 

As you will now have realised, an 'appeal' is done by way of a Statutory Declaration.

 

The person who you spoke to at court yesterday is correct in that if you make payment and subsequently file a successful Statutory Declaration, you will be entitled to a refund. What she may not have told you though is that you must file the Statutory Declaration within 21 days of becoming aware of the fine. Yesterday would count as day one.

[CoffeeJuice]

The lady I spoke to defined Statutory Declaration and appeal as two different things, and things not dependent on each other. So now I'm confused, but am working on both.

 

Thanks to all who have replied

[Peterbard]

Yes, many think that just filing a SD is all that is needed, wheres the SD is just evidence which supports your case. SDs are not proof, more like sworn testimony.