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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a notice from a bailiff regarding three

Customer Question

Hi ..
I received a notice from a bailiff regarding three parking charges from the council.
The car in question is not my car.
DVLA has the car registered by someone who has the same first and surname but different address (but they need one month to give me a written evidence).
Council advised to submit TE7:TE9 forms with TEC to stop the bailiff action; so I did submit using my name and my address (which I think is a very bad move).
Council rejected the TE7:TE9 forms and asked the court to change the warrant to my address.
TEC approved the council and amended the warrant of execution to my address.
Now there is a warrant of execution in my name and my address with a registration number of a car registered under a different name and different address.
I have been under tremendous stress for two weeks now trying to solve the issue. And I am worried about my future as I am a migrant and this would affect any application that I make to Home Office.
I would be grateful if you could tell me what options do I have to solve this problem?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When did you first find out about this?
Customer: replied 1 year ago.

I first found out about this when I received the notice from the bailiff on 21 September 2015 with my name (first and surname) and my address on the notice.

Expert:  Ash replied 1 year ago.
Ok. I agree you shouldn't have filled in the TEC forms, what you should do now is make a statutory declaration. That is you are saying you are unaware of proceedings and asking for them to be set aside.
You are doing this because the court have just got it wrong. Your only other option is to make an application to set the matter aside and start again,
But ask the court about a stat Dec or making an application to set aside.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Yes, please.

In the court's letter that refuses the TE forms they said I have 14 days to appeal using N244 form is this what you mean by the 2nd option?

Also, I don't think I should appeal because this should be done by the owner and I don't won't to make the same mistake.

Expert:  Ash replied 1 year ago.
It's an appeal against the court order, nor the council charge.
So yes appeal using n244 setting clearly out your position,
Does that help?
Alex
Customer: replied 1 year ago.

The appeal will cost me £450 to get a hearing £150 for each ticket. Is there a way to get that money back?

Expert:  Ash replied 1 year ago.
If you win yes you can ask the court for costs.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry it is N224 not N244 form.

The problem is the the original CCJ is not issued for me it is issued for a different person. So how can I appeal against it to set it aside using the N224 form when I am not that person .

The only thing I received from court is the N24 refusal to TE7:TE9 forms which mistakenly has my address. All other proceedings in the court prior to this is for a different person, only the amended warrant of execution and the N24 refusal has my information.

DVLA gave me evidence that I'm not the owner and that they have no idea why the local authority is corresponding with me.

The council understands now that it is a case of mistaken identity and will not enforce anything.

Do you still think I should appeal?

Expert:  Ash replied 1 year ago.
It was changed to your details as I understand what you have said.
The council can agree to have it set aside so it is not enforced. You need the order gone.
Does that help?
Alex
Customer: replied 1 year ago.

Yes. Thank you Alex

Expert:  Ash replied 1 year ago.
Good luck!


If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

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

Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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