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Is there a way to remove liability orders? Two from Aug 2018, I was unable to attend court due to lack of finances (has been rough few years and these orders aren't helping) so wrote to the court by email a few days before stating this and requesting an adjournment.
Heard nothing back then an enforcement agent turned up. An email to the court was sent
Dear Sir or Madam,
Regarding the Liability Order:
I respectfully request to appeal the Liability Order and have the following points/requests if you can please oblige or advise where you can't:
1. I have not seen the liability order, only two letters claiming a Liability Order has been granted along with what appear to be photocopies of said Liability Order and a page offering financial advise on how to make payments.
2. I have no legal proof that there is a debt owed. There are discrepancies on the amounts that are allegedly being claimed. I wish to request:
a, A copy of the sworn statement by the (Authorised Assistant to the) Justices' Clerk.
b, Proof of the debt.
3. That the Clerk who issued the summons provides me with their documentation to show they scrutinised the claimants' sworn statement, in accordance with Justice Clerks Rules 2005 (S.I.2005 No.545).
4. As a matter of urgency, a letter dated 22nd Jan 2019 was posted through the door, from an enforcement agent: Andy xxxxxx of marston holdings. He states he will be back within 10 days if he is not contacted. Would you advise him that you have received this email? Please confirm if you will do this. His number is 07946 xxxxxx. Their reference # xxxxxxxxx.
a, What is the current situation regarding the enforcement agent calling again?
5. I contacted the court before the hearing (please see email below) and would like to ask why the adjournment was not granted?
This was their reply:
Dear Khalid,
Please advise Mr Xxxxx to seek independent legal advice as to how to appeal the decision made by the magistrates court. There are no grounds to warrant the matter being re-listed back in the magistrates court.
To which I replied (and have never received a reply)
Good afternoon Khalid,
Other than being given legal advise on 28,02,2019 I still have had no reply to the points that I made on the 28,01,2019.
I require you tell me:
1. Who has offered me this legal advice?
2. In what capacity are they offering this legal advice?
3. What company do they work for?
4. What is their position within this company?
5. Where do they get their authority to offer legal advice
a. the Company/Corporation?
b. the Person?
Furthermore; on this day 26,02,2019 I have sent [Notice: Verification Required] to:
Emma Arbuthnot
Senior District Judge
181 Marylebone Road
London
NW1 5BR
DX 120551, Marylebone 9
Please find attached:- NOTICE REMOVAL OF IMPLIED RIGHT OF ACCESS.pdf
If you will kindly pass this on to any/all organisation/s that may be inclined to visit the property mentioned (in the notice) regarding this matter.
As I have no email for Marston Holdings or idea of who else may be/have been involved.
Kind regards
xxxxxx
I have sent a further two emails and had no reply.
Is this the right approach? Is there any chance of getting justice here?
I hear that the mags will have a pile of orders for council tax etc... on a given day and just stamp them
Any suggestions most welcome
*
Heard nothing back then an enforcement agent turned up. An email to the court was sent
Dear Sir or Madam,
Regarding the Liability Order:
I respectfully request to appeal the Liability Order and have the following points/requests if you can please oblige or advise where you can't:
1. I have not seen the liability order, only two letters claiming a Liability Order has been granted along with what appear to be photocopies of said Liability Order and a page offering financial advise on how to make payments.
2. I have no legal proof that there is a debt owed. There are discrepancies on the amounts that are allegedly being claimed. I wish to request:
a, A copy of the sworn statement by the (Authorised Assistant to the) Justices' Clerk.
b, Proof of the debt.
3. That the Clerk who issued the summons provides me with their documentation to show they scrutinised the claimants' sworn statement, in accordance with Justice Clerks Rules 2005 (S.I.2005 No.545).
4. As a matter of urgency, a letter dated 22nd Jan 2019 was posted through the door, from an enforcement agent: Andy xxxxxx of marston holdings. He states he will be back within 10 days if he is not contacted. Would you advise him that you have received this email? Please confirm if you will do this. His number is 07946 xxxxxx. Their reference # xxxxxxxxx.
a, What is the current situation regarding the enforcement agent calling again?
5. I contacted the court before the hearing (please see email below) and would like to ask why the adjournment was not granted?
This was their reply:
Dear Khalid,
Please advise Mr Xxxxx to seek independent legal advice as to how to appeal the decision made by the magistrates court. There are no grounds to warrant the matter being re-listed back in the magistrates court.
To which I replied (and have never received a reply)
Good afternoon Khalid,
Other than being given legal advise on 28,02,2019 I still have had no reply to the points that I made on the 28,01,2019.
I require you tell me:
1. Who has offered me this legal advice?
2. In what capacity are they offering this legal advice?
3. What company do they work for?
4. What is their position within this company?
5. Where do they get their authority to offer legal advice
a. the Company/Corporation?
b. the Person?
Furthermore; on this day 26,02,2019 I have sent [Notice: Verification Required] to:
Emma Arbuthnot
Senior District Judge
181 Marylebone Road
London
NW1 5BR
DX 120551, Marylebone 9
Please find attached:- NOTICE REMOVAL OF IMPLIED RIGHT OF ACCESS.pdf
If you will kindly pass this on to any/all organisation/s that may be inclined to visit the property mentioned (in the notice) regarding this matter.
As I have no email for Marston Holdings or idea of who else may be/have been involved.
Kind regards
xxxxxx
I have sent a further two emails and had no reply.
Is this the right approach? Is there any chance of getting justice here?
I hear that the mags will have a pile of orders for council tax etc... on a given day and just stamp them
Any suggestions most welcome
*
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