Bailiffs,advice.

unsworthblue

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Joined
27 Oct 2008
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Cut a long story short,just before Christmas I received a letter from bailiffs saying I owe them £1,121,their client who passed the debt onto them HMCTS,in other words manchester/salford courts.This is genuinely the first I knew about this so called debt,I rang the bailiffs to see what was going on and they said that I had committed an offence of "withelding evidence"?? Turns out that on 14th nov16 there was an offence committed involving my vehicle,which was registered to my old address which I shared with my ex partner,on 7th june there was a hearing at either salford or manchester court (which I knew nothing about) ,im in the process of trying to establish what offence has taken place and why letters where sent to an old address rather than the one I reside at,one where im registered for council tax and driving licence registered to,obviously my ex partner could quite simply of forwarded on whatever the fine is for when it was first sent and I would of paid the £60 there and then,£1121 and bailiffs threatening to come and break into my house or get me arrested seems really extreme for something I genuinely knew nothing about until a few weeks ago,any advice please,no dickhead smart comments im not in the mood,ta in advance
 
Cut a long story short,just before Christmas I received a letter from bailiffs saying I owe them £1,121,their client who passed the debt onto them HMCTS,in other words manchester/salford courts.This is genuinely the first I knew about this so called debt,I rang the bailiffs to see what was going on and they said that I had committed an offence of "withelding evidence"?? Turns out that on 14th nov16 there was an offence committed involving my vehicle,which was registered to my old address which I shared with my ex partner,on 7th june there was a hearing at either salford or manchester court (which I knew nothing about) ,im in the process of trying to establish what offence has taken place and why letters where sent to an old address rather than the one I reside at,one where im registered for council tax and driving licence registered to,obviously my ex partner could quite simply of forwarded on whatever the fine is for when it was first sent and I would of paid the £60 there and then,£1121 and bailiffs threatening to come and break into my house or get me arrested seems really extreme for something I genuinely knew nothing about until a few weeks ago,any advice please,no dickhead smart comments im not in the mood,ta in advance

sorry to say its time to spend some money, talk to a solicitor
 
This for high court writs
http://www.dealingwithbailiffs.co.uk/Stop-High-Court-Enforcement-Officer-HCEO.htm


If you were unaware of the judgment until after is was made, and

You acted with reasonable promptness when you learned of the judgment, and

have reasonable grounds to defend it, then:
You apply using a Form N244, (Court fee £50) to the High Court Registry that issued the writ to stay the execution and set aside the original judgment.





That stops enforcement and cancels the all the bailiffs fees.

The application is made at the High Court district registry that issued the writ. The address can be found on the writ, or you can do it at the High Court at The Strand if you don't know which registry.
 
This for high court writs
http://www.dealingwithbailiffs.co.uk/Stop-High-Court-Enforcement-Officer-HCEO.htm


If you were unaware of the judgment until after is was made, and

You acted with reasonable promptness when you learned of the judgment, and

have reasonable grounds to defend it, then:
You apply using a Form N244, (Court fee £50) to the High Court Registry that issued the writ to stay the execution and set aside the original judgment.





That stops enforcement and cancels the all the bailiffs fees.

The application is made at the High Court district registry that issued the writ. The address can be found on the writ, or you can do it at the High Court at The Strand if you don't know which registry.
Wow. I just read all that (and on the linked pages), since i was curious.

Seems like that's about the most helpful reply anyone could ever get to a question like this. Brilliant!
 
If you can prove the original summons was sent to the wrong address then you should, in theory, be in the clear. But failing to notify the DVLA of a change of address is also an offence. You changed the address your licence but did you change the address on the V5?

If not I reckon you may get away with the original issue (whatever that was) but may be in trouble for failure to notify a change of address. If the DVLA have fucked up then you might well be OK but you need legal advice.
 
If you can prove the original summons was sent to the wrong address then you should, in theory, be in the clear. But failing to notify the DVLA of a change of address is also an offence. You changed the address your licence but did you change the address on the V5?

If not I reckon you may get away with the original issue (whatever that was) but may be in trouble for failure to notify a change of address. If the DVLA have fucked up then you might well be OK but you need legal advice.
Good point about the V5, PB.

Presumably the address is was wrong on the V5, or they wouldn't have sent the summons to the old address? If it wasn't up to date, quite likely the OP can get the current actions stopped as per the advice above, but may very well be prosecuted for the offence of "Failure to Provide Driver Details".
 

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