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Hi, welcome to Just Answer. I will help you with your question.
The Rules are not guidance - they are law and must be followed.
There is no general case law covering the whole of the Rule. What do you want to know specifically?
I was after general case law I was after any specific case law citations.
Sorry I pressed return by mistake
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?
Here are CCR ORDER 26 RULES:: http://www.justice.gov.uk/courts/procedure-rules/civil/sched_ccr/ccrorder26
Can another Solicitor or barrister who is not biased in favour of bailiffs and local authorities answer this question?
Yes, Nic....Please answer the question I posted regarding CCR Order 26 Rule 12(1) and Rule 13. Regards XXXXX
I am in the process of instigating legal action now.
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!
Thanks for confirming and for clearly explaining why CCR Order 26 Rules are statutory rules (Not guidelines) and as such must be complied with.