Bailiffs are coming and I don't know why!

hallowitch

the_why_bird wrote: »

Right. After asking a friend to go round in person I now have the number from the letter.

Apparently it's Marstons looking for me regarding an offence of 'keeping a motor vehicle without insurance' from July 2013.

I am certain this is a mistake. We only had one car at that address the whole time we were there and it was always fully insured. It was written off in September 2012 (shortly after we moved here) and scrapped by the insurance company.

Is there anything I should know before I phone Marstons? Will they be able to forward me the paperwork relating to it, or just tell me which court to contact? Will phoning them result in them being at my door tomorrow?

Anyone have any idea how to appeal this since it's apparently already been to court? I'm sure I can get a letter from the insurance company about it being scrapped, and a letter from my current landlord saying I had moved. What else might I need?

do not pay Marston's £300 of the amount they want is bailiff fees
RECORDING THE CALL phone Marston's and ask them what court issued the distress warrant then file a statutory declaration to the issuing court when this is accepted by the court it will revert it back to the beginning and the DVLA will either drop the case or issue you with a summons so you can appear in person and defend yourself

have a read of this

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.(2-Viewing)-nbsp

ValHaller

As it is £80, it looks like a fixed penalty applied administratively by DVLA. So no court and no criminal record. Take it to the motoring forum as suggested and perhaps you need to involve your insurance company.

the_why_bird

Thanks. It has definitely gone to court, unfortunately.

RAS

Then do as hallowitch has advised you. That will also clear the offence off your record.

harrys_dad

RAS wrote: »

Then do as hallowitch has advised you. That will also clear the offence off your record.

When dealing with bailiffs always do what Hallowitch says. Even the bailiffs know that her advice is awesome in this area..

the_why_bird

Thank you, I have listened to the advice and booked to make a statutory declaration at the local court on Tuesday. Once I finally found out which court had dealt with it, the court staff in both areas were very helpful.

Thank you all for your help.

[Deleted User]

You don't make SDs to the court.

You make them to a Solicitor, Notary of the Public, Justice of the Peace, Commissioner for Oaths, etc.

Have you decided what you will be declaring?

the_why_bird

Both magistrates courts I spoke to told me to make it directly to the court.

I'm just going to be swearing that I had no knowledge of any proceedings against me due to moving house.

antonic

the_why_bird wrote: »

Both magistrates courts I spoke to told me to make it directly to the court.

I'm just going to be swearing that I had no knowledge of any proceedings against me due to moving house.

Making the Statutory Declaration has to be sworn at a Solicitors (as Bob says) then presented to the court which then resets the enforcement clock.

Now your creditor has your correct address then can now take action at the correct address

the_why_bird

Thanks, I've done some more reading and calling around about this and I am confident that I need to make this declaration at the magistrates court. The court clerk has booked me in and explained the process to me - I can't imagine they would waste their time if the only way to do it is by getting a solicitor.

Edit: It's not a creditor as such, it's a criminal fine. I was assured by the court that a hold would be put on bailiff action until I made by stat dec.