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Really need your advice re: JBW

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  • #31
    Re: Really need your advice re: JBW

    Originally posted by davyb View Post
    I think it would be a judgment wouldn't it, although not precedent setting, nevertheless persuasive.

    Regarding the vehicle, you quote case law which states that the burden is on the debtor to prove ownership, the you counter it by quoting guidelines that offers an opinion that bailiffs should check ownership, do you see the problem there.

    D
    The remark about bailiff's checking with DVLA was in the LGO's report on Blaby Council, Davy. I think we all agree that certificated bailiffs speak out of a bodily orifice that is at the opposite end of their bodies from their mouths or speak with forked tongues.
    Life is a journey on which we all travel, sometimes together, but never alone.

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    • #32
      Re: Really need your advice re: JBW

      The lady at the council is reviewing and looking into this situation for me,if,it doesn't go inmy favour would you recommend I did an N244 ???

      Comment

      • #33
        Re: Really need your advice re: JBW

        An N244 is for making an application notice in court proceedings.

        I think the crux of your complaint is whether or not the council sent you notices about the original parking fine.

        The council says it did send them, and you say they didnt.

        If you did not receive a notice to owner (NTO) then complete the folllowing template and get it sworn before sending it to the council.




        I: [NAME] residing at [ADDRESS AND POSTCODE]

        DO SOLEMNLY AND SINCERELY DECLARE THAT:

        I had no prior knowledge or any correspondence from [COUNCIL] following an alleged [DESCRIPTION OF PARKING OFFENCE] on [DATE]

        From information provided to me today by Mr. [NAME OF BAILIFF] I am informed that a hearing for this matter was held in my absence where I was [MADE LIABLE TO PAY THE AMOUNT OF] £[AMOUNT]. The reference number for this case is: [PCN REFERENCE]

        AND THAT:

        Notification of this fine first came to my attention on [DATE] when a bailiff from [NAME OF COMPANY] came to my home. He was in possession of an order for recovery dated [DATE IF KNOWN] and that he required the sum of £[AMOUNT].

        I genuinely do not remember receiving any notice of this [DESCRIPTION OF OFFENCE]

        I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

        DECLARED AT:

        SIGNED:

        DATE:


        Before me:

        Solicitor/Commissioner for Oaths:



        • 1 thank

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        • #34
          Re: Really need your advice re: JBW

          Hi,

          I have statedto the council that may of very well sent them to me, however i never received them, so the piggy in the middle now is Royal Mail..... i have intil the 19th Aug to file an N244 and appeal further against the refused decision from the Out of time dec,and i would pay the £80 so i can attend the hearing to speak!!!

          Its shocking that still, to this date, no one is willing to send,recorded delivery, to me the original fine!!! i even offered to come down to the council to collect but was told NO!!!

          I do really appreciate your help and advice, maybe if i do an N244 and go court i should look into a solicitor that specialises in these things to attend with me!!!

          Comment

          • #35
            Re: Really need your advice re: JBW

            Originally posted by bluebottle View Post
            The remark about bailiff's checking with DVLA was in the LGO's report on Blaby Council, Davy. I think we all agree that certificated bailiffs speak out of a bodily orifice that is at the opposite end of their bodies from their mouths or speak with forked tongues.

            Point is, there is no legal requirement.

            D

            Comment

            • #36
              Re: Really need your advice re: JBW

              Originally posted by davyb View Post
              Point is, there is no legal requirement.

              D
              Maybe not, Davy, but when you apply the Ways and Means Act, scrote bailiffs end up wishing they had.
              Life is a journey on which we all travel, sometimes together, but never alone.
              • 1 thank

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              • #37
                Re: Really need your advice re: JBW

                Do not file anything with the court, this is typical scaremongering for your money, place everything you have in a trust including your car, they cannot touch anything which is in a trust its impossible. I can send you the details on how to set it up then all you have to do is tell the bailiff your property is in trust, that's it nothing else. You can also send bailiff a notice that you have removed their implied right of access along with a fee schedule, job done.

                Comment

                • #38
                  Re: Really need your advice re: JBW

                  Originally posted by legalese View Post
                  Do not file anything with the court, this is typical scaremongering for your money, place everything you have in a trust including your car, they cannot touch anything which is in a trust its impossible. I can send you the details on how to set it up then all you have to do is tell the bailiff your property is in trust, that's it nothing else. You can also send bailiff a notice that you have removed their implied right of access along with a fee schedule, job done.

                  Could you send me a pm about setting up a trust I currently have dca trying to get me to acknowledge a debtbandvam worried about them trying to come and take my property I have a car that was bought using money from a personal injury settlement but is in my name the rest of thevsettlement is in a personal injury trust would they b able to getvat this?
                  nic xo

                  Comment

                  • #39
                    Re: Really need your advice re: JBW

                    Originally posted by legalese View Post
                    Do not file anything with the court, this is typical scaremongering for your money, place everything you have in a trust including your car, they cannot touch anything which is in a trust its impossible. I can send you the details on how to set it up then all you have to do is tell the bailiff your property is in trust, that's it nothing else. You can also send bailiff a notice that you have removed their implied right of access along with a fee schedule, job done.

                    Woa there, financial advise by PM?

                    Steady

                    D
                    • 1 thank

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                    • #40
                      Re: Really need your advice re: JBW

                      I was just wondering what legalese was advising and see if it was relevant to me I've never heard of this being done in this circumstance
                      nic xo

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                      • #41
                        Re: Really need your advice re: JBW

                        Originally posted by Nic View Post
                        I was just wondering what legalese was advising and see if it was relevant to me I've never heard of this being done in this circumstance
                        Me either perhaps on the open forum though.

                        D
                        • 1 thank

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                        • #42
                          Re: Really need your advice re: JBW

                          You can set up a family trust fund where everything you own is placed into that trust, i can send you the document all you need to do is fill in the blanks and get someone to witness it and sign, this can be anyone except a family member. Tell the bailiff all your property is in a trust, its upto him to find out what trust you are involved in, and that's impossible. He cannot touch anything that is in a trust.

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                          • #43
                            Re: Really need your advice re: JBW

                            Don't worry Nic, if the information is worth having it's best shared here, publicly on the thread. That way, if any advice is not correct, others can pop up and clarify.

                            xx
                            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                            • #44
                              Re: Really need your advice re: JBW

                              Hi Legalese,

                              This sounds good to me, and i would really appreciate any further details you can forward to me, personally have never heard of this before, but if it works then its good for me!!!

                              Why is N244 scaremongering, its me appealing in person to get my case across hoping someone will listen and believe me when i say i have never received the fine????

                              Thanks for your advice and help

                              Comment

                              • #45
                                Re: Really need your advice re: JBW

                                HI

                                Well never let it be said that i am a complete cynic, I am always open to new idea's. I don't know a lot about trusts, I had always presumed that the family variety were used to protect and secure the grandchildrens inheritance, i am not altogether sure how this would apply to my old three piece suite and the 32" plasma, but i am prepared to be convinced.

                                I can see how the legal framework could be used no matter what the goods, but would it really wash. I don' know.
                                Perhaps you should start a thread Legalese and talk us through the process?

                                D
                                Last edited by davyb; 13th August 2012, 15:11:PM.

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