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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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What are my legal rights if I received a court order is issued

Customer Question

What are my legal rights if I received a court order is issued with the incorrect address, vehicle registration number and place of offence.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is this a civil claim please?

JACUSTOMER-ds4m5qlh- : I don't know whether it's civil or criminal - I assume the original offence was criminal - turning right in a no right turn?
Alex Watts :

Which Court did you ring?

JACUSTOMER-ds4m5qlh- :

Burnley Magistrates Court

Alex Watts :

Ok - did the Defendant reside in the UK?

JACUSTOMER-ds4m5qlh- :

Burnley Magistrate Court (The Fines officer) rejected the statutory declaratio bea

Alex Watts :

Ok - did the Defendant reside in the UK?

JACUSTOMER-ds4m5qlh- :

sorry - the statutory declaration was rejected as it was not on a court form.

Alex Watts :

Ok - did the Defendant reside in the UK?

JACUSTOMER-ds4m5qlh- :

the defendant does reside in the UK but was working abroad from May - September 2013. He sent the statutory declaration on his return in September 2013. after the court rejected the declaration the court handed the case over to Marstons debt collection agency who were to enforce the order. we received a letter from Marstons stating we owed £130 and we must pay. Subsequently we received a letter from Martons saying they had a distress warrant from the court and we now had to pay £345 had 28 days in which to pay - Martons arrived at my parents home after 10 days (not 28) and demanded we pay the money although I do now live at that address - this is the home of my parents. My father was forced to pay the £345 after employees of Marstons forced their way into his home. Is this lawful????

Alex Watts :

He should not have paid a debt that did not belong to him

Alex Watts :

Sadly he has paid it

Alex Watts :

The Court is free to reject a statutory declaration if it does not comply with the rules

Alex Watts :

If it was not on the prescribed form then the Court can reject it

Alex Watts :

Therefore if it was not rejected then it still stands

Alex Watts :

If it still stands then the debt is still payable

Alex Watts :

Sadly if it is still payable then it is due

Alex Watts :

The only thing that your father did not need to pay it

Alex Watts :

Because he has, sadly he can not recover it from Marstens

JACUSTOMER-ds4m5qlh- :

So its irrelevant that all the information on the original court order was incorrect?

Alex Watts :

To an extent yes

Alex Watts :

The statutory declaration was rejected

Alex Watts :

Even if it went to Court a prosecutor would be able to amend it to show the correct details.

Alex Watts :

But the Court rejected the declaration

Alex Watts :

If that is the case then any warrants are limited

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

But you can also complain about a bailiff

Alex Watts :

Please see:

Alex Watts :

http://www.dealingwithbailiffs.co.uk/BailiffsForm4Complaint.htm

JACUSTOMER-ds4m5qlh- :

are you saying that my father didn't need to pay the debt? if thats the case why did the enforcement officers force his way into my parents home and force him to do so

Alex Watts :

They wont have forced.

Alex Watts :

If he opened the door as soon as their foot is in, that is enough

JACUSTOMER-ds4m5qlh- :

My father called the police at the time and they attended. my father asked them if he removed them from his property would he be committing an offence - they said yes he would be causing a breach of the peace - is this the case?

Alex Watts :

That is correct. The bailiffs are commanded by the Court

Alex Watts :

But follow the steps on the website about complaints

JACUSTOMER-ds4m5qlh- :

so just to clarify: even though all the information on the order are incorrect and the defendant no longer lives at home bailiffs are at liberty to enter and obtain payment for a debt not belonging to the homeowner and we have no right to redress other than make a complaint about the bailiff?

Alex Watts :

They can ask and pressure for payment.

Alex Watts :

But if he paid for it, that matter is closed

Alex Watts :

If he refused to pay it, there would have been nothing they could take

Alex Watts :

The debt was not in fathers name

Alex Watts :

But he has paid it now

Alex Watts :

So all you can do is complain about conduct

JACUSTOMER-ds4m5qlh- :

Thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Can I clarify anything for you about this today please?

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