Bailiff Knocked on the door yesterday

JacksSon

Hi to all good people spending own time on this webpage. !
may i ask you for a massive favour? I am writing the WS again and would much appreciate for "take a look" on what i have composed ! Super huge THANK YOU
***

THE SUPPLEMENTARY WITNESS STATEMENT OF ---

WITNESS STATEMENT

 

I am --- and I am the defendant in this matter. This is my supporting statement to my application dated 07/11/2022 requesting to:

1.    Set aside the default judgment dated 20/10/2022 as it was never served. Mentioned judgement was entered against me without my knowledge.

2.    If I had known about the claim, I would have defendant it.

4.    On the 25/10/2022, I found out about the judgment when checking my credit file 

I respectfully ask that the court orders that the judgment be set aside because I have a real prospect of successfully defending the claim.

 

7.    Order for the claimant to pay the sum of £1893.86. This is a total of £1604.86 which was paid to DCBLtd under duress, and £289 defendant’s Court application fee

 

DEFAULT JUDGMENT

 

 

1.    The defendant was the registered keeper of the vehicle at the time of the alleged offence.

 

2.    The claim for 3 parking charges on private land for 27/04/2019, 10/06/2019 and 10/06/2019   was served to an old/ different address, and the defendant thus was not aware of the Default Judgment dated 20/10/2022 until 25th October 2022 while checking credit file with Creditcarma. In support of this the defendant have attached copies of Tenancy agreement, a bill which shows the dates of being at current address about 1.5 years. Also to mention that DCBltd was aware of current address at the time of judgement, proof of that a conversation with their representatives and other related proofs are attached

 

3.    On 27/10/2022 a Writ of Control has been issued against the amount of £841.77 that included the cost of £122.75 for the execution of mentioned Writ, with the date limit by 13/11/2022, however on 15/11/2022 the bailiff agent has collected from me £1604.86 with no further costs breakdown or a written order of that amount. While in conversation with the agent I’ve been notified that if the payment will not be made within 15 minutes, he might take personal belongings enough to cover the mentioned amount plus other costs that may occur. Same day a complaint email has been sent to DCBltd asking for costs details and as per 21/11/2022 no details been provided.

According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

 

Furthermore, Ex-Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

 

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

 

 

Statement of Truth

I believe that the facts stated in this supplementary witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Defendant’s name:  ---

Defendant’s signature:

Date:

 

Le_Kirk

2.    If I had known about the claim, I would have defendant defended it.

Maybe change as above and below: -

In support of this the defendant have has attached copies of Tenancy agreement,

Check your document thoroughly for other grammatical and spelling errors.  Every paragraph requires a number.

JacksSon

Le_Kirk said:

2.    If I had known about the claim, I would have defendant defended it.

Maybe change as above and below: -

In support of this the defendant have has attached copies of Tenancy agreement,

Check your document thoroughly for other grammatical and spelling errors.  Every paragraph requires a number.

Thank you. Shall i include cpr 13.2 and 13.3 with details?

1505grandad

If only for consistency the correct spelling in this context is "Judgment"  -  you have a couple containing an erroneous middle "e".

Le_Kirk

JacksSon said:

Thank you. Shall i include cpr 13.2 and 13.3 with details?

Have you not mentioned under which CPR you are applying in your original application.  I would assume the judge will have access to CPRs but you should/have referred to the relevant parts in you application and/or original WS.

JacksSon

Le_Kirk said:

JacksSon said:

Thank you. Shall i include cpr 13.2 and 13.3 with details?

Have you not mentioned under which CPR you are applying in your original application.  I would assume the judge will have access to CPRs but you should/have referred to the relevant parts in you application and/or original WS.

I did. I was just wondering if i have to do that again?

Galloglass

Did the Bailiff that visited have a badge or any reference number or left any other paperwork?

Did your wife sign anything else like a Controlled Goods Order

The name on the writ, Simon John Williamson, does not appear on the bailiff register but he is a director so presumably he takes responsibility for the Writ but someone else visits. 

It would be useful to know the process they followed.

Grizebeck

Galloglass said:

Did the Bailiff that visited have a badge or any reference number or left any other paperwork?

Did your wife sign anything else like a Controlled Goods Order

The name on the writ, Simon John Williamson, does not appear on the bailiff register but he is a director so presumably he takes responsibility for the Writ but someone else visits. 

It would be useful to know the process they followed.

It makes no difference at this stage
HCEOs are easy to deal with if your know what your doing.

Le_Kirk

JacksSon said:

Le_Kirk said:

JacksSon said:

Thank you. Shall i include cpr 13.2 and 13.3 with details?

Have you not mentioned under which CPR you are applying in your original application.  I would assume the judge will have access to CPRs but you should/have referred to the relevant parts in you application and/or original WS.

I did. I was just wondering if i have to do that again?

The WS you are now writing is a supplementary not a replacement, so it is EXTRA to what you have already sent, which means what yo sent before should still stand.

JacksSon

Grizebeck said:

Galloglass said:

Did the Bailiff that visited have a badge or any reference number or left any other paperwork?

Did your wife sign anything else like a Controlled Goods Order

The name on the writ, Simon John Williamson, does not appear on the bailiff register but he is a director so presumably he takes responsibility for the Writ but someone else visits. 

It would be useful to know the process they followed.

It makes no difference at this stage
HCEOs are easy to deal with if your know what your doing.

Perhaps you are right, but i still don't think he had authority to search through my clothes while i agreed to transfer those funds. Smells a bit of abuse of power, to me!