Hi - New member needing advice

[R0b]

Re: Hi - New member needing advice

We are not here to fight with you mike, and I am not sure how you managed to assume I'm quoting any road traffic regulations but can only assume you are referring to CPR Part 6? Whether you like it or not the facts you have told us so far are that you failed to notify the DVLA of your change of address (which you actually have an obligation to do so). Therefore, if the local council decided to trace you and your records showed you lived at your previous address then they are perfectly entitled to assume that is your last known address.

As I said above, you could have simply used a mail forwarding service to that any post would be re-directed to your new address but you chose not to, and therefore I don't think you could blame anyone for not receiving any mail. You my think it is harsh but you will certainly get nowhere with your right to fair trial argument.

If you wish to set aside the judgment then you will need to make an application and pay the fee, providing you have good prospect of a successful defending the claim. If the judge sets it aside then it is back to square one and the council will re-submit the claim and you will have the opportunity to plead your case.

if you do not have a real chance of successfully defending the case then I would suggest you suck this one up as you are likely to be spending money that isn't worth it.

Yes you will need to use an N244 form and will need to support it with a witness statement. Again the key point here is that you must have a real prospect of successfully defending the claim.

[stevemLS]

Re: Hi - New member needing advice

You don't think my arguments stand up to scrutiny??? What on earth are you talking about, the basic facts of the matter is that I knew nothing about court proceedings that were going ahead without my knowledge - how can you say I had my opportunity to be heard. Either I knew about it or I didnt.... there is no argument. However it happened it is irrelevant in my eyes - but obviously the law only works for those who work in legal circles..

So what you are saying is that I can take you to court without your knowledge ( i will invent an address) - under a spurious claim - it does not matter if it is true as I know you will not be there to defend yourself, then when you dont respond to my claim. I will get a judgement against, hire a collections firm - then find out where you live and enforce the judgement. All the time you are unaware of this and have no recourse

This is bullshit and I will not accept this can happen in the justice system in the UK - maybe in a 3rd world country or dictatorship

Thanks for your less than helpful advice - instead of quoting road traffic regulations - how about letting me know about a N244

I'm sorry you found my comments unhelpful.

I was trying to explain to you how the law operates.

The fact is you failed to comply with your legal obligation - that is the root cause of the predicament you are now in.

Legally, most of what you say in your draft letter will get you nowhere.

However, given that you think my assistance is of no value I will bow out and leave you to it.

[Lomo62]

Re: Hi - New member needing advice

Hi new member same as most people Jacobs was paying then said not a nuff now sent letter saying remove goods in 48 hrs help plz

[Kati]

Re: Hi - New member needing advice

Hi new member same as most people Jacobs was paying then said not a nuff now sent letter saying remove goods in 48 hrs help plz

Hi Lomo, can you give us a bit more info please ... it'll help the Beagles to advise you.

• What was the original debt?
• Were you in a repayment plan with Jacobs?
• Did you stop paying?
• Is this the first letter you've had from them?

[Lomo62]

Re: Hi - New member needing advice

Council tax they wanted 250 month so paid 100 then was off sick so only afford 50 then because only paid 40 sent letter saying removing off goods never signed any thing word off mouth said come in if not in don't have lot the TV not mine just kids toys and fridge cooker bed no fancy stuff

[Lomo62]

Re: Hi - New member needing advice

I live in bloke off flats with old people we have mane door then all the flats separate I am at work in morning worry to bits feel sick

[Kati]

Re: Hi - New member needing advice

Council tax they wanted 250 month so paid 100 then was off sick so only afford 50 then because only paid 40 sent letter saying removing off goods never signed any thing word off mouth said come in if not in don't have lot the TV not mine just kids toys and fridge cooker bed no fancy stuff

I live in bloke off flats with old people we have mane door then all the flats separate I am at work in morning worry to bits feel sick

Ok, first things first ... for CT debts a bailiff can only enter a house peacefully through a normal means of entry (so no climbing through windows etc...). If you do not invite him in then he cannot enter unless he has previously been inside. Have you allowed the bailiff in to your flat before?

For the bailiff to be able to break the door down/get a locksmith, there needs to be a court order allowing this to happen.

Have you been in contact with the bailiffs and the council throughout? CT bailiffs are hired by the council so they have to do things 'by the book'. They are usually quite happy to accept a payment plan if you can show your income/expenditure (and can lower payments on the say so of the council if you honestly cannot afford them).

- - - Updated - - -
[MENTION=30402]Milo[/MENTION] or [MENTION=9189]bizzybob[/MENTION] might be able to advise better (I've tagged them) - and this LINK gives you a bit of info too xx

[Lomo62]

Re: Hi - New member needing advice

Not spoke to the council just this bully boy says come in I have my kids at weekend and they have there toys don't want them to go its my det willing to pay not wot they set carnt afford that only got second hand stuff bed sofa just nothing off any value

[Lomo62]

Re: Hi - New member needing advice

Can they take my kids stuff I no carnt take the tv on Hp by my daughter just worry about my fridge cooker sofa

[Kati]

Re: Hi - New member needing advice

Not spoke to the council just this bully boy says come in I have my kids at weekend and they have there toys don't want them to go its my det willing to pay not wot they set carnt afford that only got second hand stuff bed sofa just nothing off any value

First thing tomorrow morning ring the council. Ask them if they can put the bailiff process "on hold" while you get an income/expenses sheet sorted out.

Can they take my kids stuff I no carnt take the tv on Hp by my daughter just worry about my fridge cooker sofa

CAB has a good nfo page that tells you what can/can't be taken by bailiffs for CT debt - https://www.citizensadvice.org.uk/de...liff-can-take/

There are certain things that bailiffs aren't allowed to take. These are known as exempt items and include the following:

• items or equipment such as tools, books and computer equipment that are necessary for your work, study or education, up to a total value of £1350, unless your debt is for unpaid business rates, in which case items you use for work are not protected
• household equipment that can serve your "basic domestic needs"
• anything that belongs to a child, such as toys
• anything that you are paying for on hire purchase or a conditional sale agreement
• assistance dogs, sheep dogs, guard dogs or domestic pets
• food
• any animals, food or hazardous materials that are on the public highway and would cause a risk to other people if moved
• any vehicle displaying a valid disabled person's blue badge because it is used for the transport of a disabled person
• a vehicle which is used for police, fire or ambulance work
• a vehicle displaying a British Medical Association or other health emergency badge because it is being used for health emergency purposes
• any goods that are also your home, such as a houseboat, static caravan, campervan or tent.

[Lomo62]

Re: Hi - New member needing advice

Thanks for that when they do turn up I have got info on wot they can have just the bully boy stuff willing to pay and sent email to council as well explanation wot they are doing just feel like jumping off bridge that how ill I feel thanks for the help