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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I need a Solicitor who is well versed and trained in understanding

Customer Question

I need a Solicitor who is well versed and trained in understanding CCR ORDER 26 - WARRANTS OF EXECUTION, DELIVERY AND POSSESSION; especially Rule 7, Rule 12(1) and Rule 13. I need to whether these rules are statutory and whether Local Authorities bailiffs and bailiffs must comply and act in strict accordance with these rule OR are these rules simply guidelines? Is there any case law citations a person can use to strengthen their case or claim against parties that have failed to comply with these rules.

I know that most Solicitors and Barristers work for local authorities and bailiff companies and not for ordinary members of the public. I would prefer not to receive an answer from such a Solicitors or Barristers; but would prefer an unbiased answer from someone based on actual facts and the law.
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

The Rules are not guidance - they are law and must be followed.

Max Lowry :

There is no general case law covering the whole of the Rule. What do you want to know specifically?

Customer:

I was after general case law I was after any specific case law citations.

Customer:

Sorry I pressed return by mistake

Customer:

My vehicle was seized and sold by bailiffs on behalf of a local authority a couple years ago. however; I just came across CCR Order 26 Rules and according to Rule Rule 12(1) I should have been sent notice by THE COURT (Not the bailiff or local authority) regarding time and place of the auction and THE COURT should also have sent me an inventory of goods removed. This was never done. Also Rule 13 states that THE COURT (Not the bailiff or local authority) should have sent me a detailed account in writing of the sale and of the application of the proceeds. The court also failed to do so. The local authority and bailiff says that CCR Order 26 rules are simply guidelines and neither THEY or THE COURTS need to comply with these rules by law. Is this true?

Customer:

Here are CCR ORDER 26 RULES:: http://www.justice.gov.uk/courts/procedure-rules/civil/sched_ccr/ccrorder26

Customer:

Can another Solicitor or barrister who is not biased in favour of bailiffs and local authorities answer this question?

Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

I see you have relisted this - would you like me to help you?
Customer: replied 3 years ago.

Yes, Nic....Please answer the question I posted regarding CCR Order 26 Rule 12(1) and Rule 13. Regards XXXXX

Expert:  UK-Justice replied 3 years ago.
Did you appeal at all?
Customer: replied 3 years ago.

I am in the process of instigating legal action now.

Expert:  UK-Justice replied 3 years ago.
Did you get permission to appeal?

If you did not then you need to do this.

The biggest problem you have is time.

You have 21 days from the time of the original order to appeal.

As this has now been around 2 years ago (you said a couple of years) you are not just a bit out of time you are way of time.

As such you need to ask for permission to appeal.

You can do this on the papers but if refused, you can ask for an oral hearing.

However if you lose at the oral hearing and the respondent turns up then you would be liable for their legal costs.

I have looked and can not see case law on this specific point.

You can also search at:

www.bailii.org

But case law is not your problem. The issue is you have waited 2 years.

But that is what you need to do, appeal on the papers and then orally if that is refused.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

I did not ask how to appeal. I asked specifically questions regarding CCR Order 26 Rule 12(1) and Rule 13. I did not ask how to appeal. If nobody has the legal know how to answer my question and tell me whether or not the bailiff and local authority are wrong and why then please refund my money.......So far I am finding this service a complete and utter waste of time.....I would be better off going to Google and carry on searching as I have found the free info on Google much more helpful!

Expert:  UK-Justice replied 3 years ago.
Forgive me. I understand your question to be: I need to whether these rules are statutory and whether Local Authorities bailiffs and bailiffs must comply and act in strict accordance with these rule OR are these rules simply guidelines?

These are rules they are not guidelines.

Specifically the rules state:

12(1) Where goods seized in execution are removed, the court shall forthwith deliver or send to the debtor a sufficient inventory of the goods removed and shall, not less than 4 days before the time fixed for the sale, give him notice of the time and place at which the goods will be sold.

13 Where goods are sold under an execution, the court shall furnish the debtor with a detailed account in writing of the sale and of the application of the proceeds

You will notice the wording.

The Court SHALL.

It does not say the Court should or may. But the Court SHALL.

This means that the Court must do this - otherwise the wording would be different.

Does this answer your question?

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

 


Thanks for confirming and for clearly explaining why CCR Order 26 Rules are statutory rules (Not guidelines) and as such must be complied with.


 


Regards


 


Tex Johnson

Expert:  UK-Justice replied 3 years ago.
Great

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