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Fees from Marstons, are they enforceable?

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  • #16
    Re: Fees from Marstons, are they enforceable?

    The problem here of course is that all the paperwork appears to be in order, the fact it has been withheld from the defaulter could make the person doing so liable to charges also. I appreciate it was done with good intentions but as we see it has come back to bite them on the bum. I would certainly urge caution on the submission of a SD.

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    • #17
      Re: Fees from Marstons, are they enforceable?

      Thankyou Plodderton that was what I was trying to say as for swearing under oath don't think its means so much to some today I DONT include the OP I have no doubts on her honesty before I get slagged of I just think that is how it might me seen by a judge

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      • #18
        Re: Fees from Marstons, are they enforceable?

        Originally posted by wales01man View Post
        as for swearing under oath don't think its means so much to some today
        If those people were done for perjury it might mean a little more!

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        • #19
          Re: Fees from Marstons, are they enforceable?

          Good answer Ploddertom.

          A Stat Dec is almost certainly the CORRECT way forward but, given that you have to swear the declaration ON OATH it would not took too good for the debtor to say the following:

          "I only found out about this fine today when my wife informed me that she had opened an item of mail addressed to me from xxx to advise that a fine had been imposed in my absence"

          HOWEVER depending entirely on the individual circumstances a Stat Dec could be submitted along the following lines:

          "I only found out about this fine today when my wife informed me that she had opened an item of mail addressed to me from xxx to advise that a fine had been imposed in my absence". She made the difficult decision to withhold this information from me as I was in hospital receiving treatment for xxx OR: I suffer from severe depression etc etc "

          As I have said, the wording with depend entirely on the individual circumstances.

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