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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.
Is this a civil claim please?
Which Court did you ring?
Burnley Magistrates Court
Ok - did the Defendant reside in the UK?
Burnley Magistrate Court (The Fines officer) rejected the statutory declaratio bea
sorry - the statutory declaration was rejected as it was not on a court form.
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????
He should not have paid a debt that did not belong to him
Sadly he has paid it
The Court is free to reject a statutory declaration if it does not comply with the rules
If it was not on the prescribed form then the Court can reject it
Therefore if it was not rejected then it still stands
If it still stands then the debt is still payable
Sadly if it is still payable then it is due
The only thing that your father did not need to pay it
Because he has, sadly he can not recover it from Marstens
So its irrelevant that all the information on the original court order was incorrect?
To an extent yes
The statutory declaration was rejected
Even if it went to Court a prosecutor would be able to amend it to show the correct details.
But the Court rejected the declaration
If that is the case then any warrants are limited
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
Can I clarify anything for you about this today please?
But you can also complain about a bailiff
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
They wont have forced.
If he opened the door as soon as their foot is in, that is enough
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?
That is correct. The bailiffs are commanded by the Court
But follow the steps on the website about complaints
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?
They can ask and pressure for payment.
But if he paid for it, that matter is closed
If he refused to pay it, there would have been nothing they could take
The debt was not in fathers name
But he has paid it now
So all you can do is complain about conduct
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