HMCTS Bailiff Advice Needed

[cards down]

Hello All

Could anyone please advise on the protocol to get Court Bailiff action put on hold while an issue is investigated? Due to several changes of addresses by two parties, paperwork from the DVLA have got mislaid/returned to sender. The Court bailiff have now tracked down the registered owner and the first thing he knows of this is the bailiff’s letter demanding payments.

Thank you

[Kati]

Re: HMCTS Bailiff Advice Needed

Hi [MENTION=31332]cards down[/MENTION] ... I'm sure you'll get lots of advice from the knowledgeable Beagles x

[Milo]

Re: HMCTS Bailiff Advice Needed

It is most unlikely that the courts have tracked down the debtor and instead, this has been down by the relevant enforcement company.

This is a simple procedure that should be followed and this is for the debtor to contact the relevant magistrate court and speak with the Fines Office. They will need to explain that they had not received any notification about this matter given that there has been address changes. The court will arrange for a Statutory Declaration hearing and once that date has been given the a lot of courts (although sadly not all of them) will advise the enforcement company to cease enforcement until the hearing has taken place.

There have been quite a few changes recently regarding how Statutory Declarations are dealt with by the courts and importantly, in many cases (TV licensing and some motoring cases) the matter is decided again on the same day (and if not..then within a very short period of normally less than two weeks).

If the SD is accepted, then bailiff fees are removed. Also, the debtor will be given the opportunity to complete a Means Enquiry Form which is important as the fine will then be set at a rate that is affordable.

Any queries please post back.

[cards down]

Re: HMCTS Bailiff Advice Needed

Thank you Milo, I will forward this information right away and keep this thread posted throughout. At least he can start some action rather than waiting for the inevitable visit.

[cards down]

Re: HMCTS Bailiff Advice Needed

The debtor contacted the court today and eplained the situation, that he knew nothing of the original hearing. He now has a date to attend court for a statutory declaration hearing. The court have also said they will contact the enforcement company.

Thanks again.

[Guest]

Re: HMCTS Bailiff Advice Needed

Nice one

[Milo]

Re: HMCTS Bailiff Advice Needed

The debtor contacted the court today and eplained the situation, that he knew nothing of the original hearing. He now has a date to attend court for a statutory declaration hearing. The court have also said they will contact the enforcement company.

Thanks again.

Excellent news and please do keep us update of the outcome. If it has not been done already....please make sure that records are updated at DVLA.

[cards down]

Re: HMCTS Bailiff Advice Needed

The debtor attended court and found that the fine was relating to a vehicle he owned that was late in being SORN. He was fined £120 for the offence and had to pay costs. The enforcement company fees have now been removed.

Thanks for your help.