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Filing a 2nd Out of Time Witness Statement after 1st one is REJECTED !!!

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  • Filing a 2nd Out of Time Witness Statement after 1st one is REJECTED !!!

    I notice this morning that a very interesting post had been made yesterday (link below) but before being able to respond I notice that the thread has been closed.

    http://www.legalbeagles.info/forums/...ill-turning-up

    I would very much like to respond as the advice that this poor debtor is receiving is frankly shocking. She had posted on another forum and the link still remains on her post here (thank you Kati).

    http://www.legalbeagles.info/forums/...ill-turning-up

    This poor debtor has made a total of 46 posts since March this year over two different threads and 8 months later her query is still unresolved.

    In reading both threads I notice that she has been told (amongst other things) the following:

    The warrant of execution is not a genuine document because it should have a court logo and seal.....

    If it is a fake, report it to Action Fraud under section 40 of the Administration of Justice Act 1970....

    Consider getting your MP to intervene...as there is a potential fraud going on.....

    Call the Local Government Ombudsman.....

    Probably the worst advice was yesterday in post number 9 where the debtor was told to 'appeal the offence' by filing a Statutory Declaration/Witness Statement. A link was then provided to the Traffic Enforcement Centre!!!

    If only one of the posters had bothered to read her previous posts they would have seen that the debtor had ALREADY filed an Out of Time Statutory Declaration in October 2013 and this was rejected on 15th November 2013. Clearly therefore she cannot file another one !!!!

    What she should have been advised to do?

    It is clear that what this lady should have done is very simply to file an N244 to 'review' the court officers decision.

    Clearly there is a problem with her 'address' although she has confirmed that the 'incorrect' address does also feature on the V5. This is a slight problem which she could have explained on the N244 and she would need to provide some sort of evidence of her correct address.


    PS: For the avoidance of doubt the warrant does not require a court logo or seal. Utter nonsense.
    Last edited by Milo; 21st October 2014, 10:02:AM.
    Tags: None

  • #2
    Re: Filing a 2nd Out of Time Witness Statement after 1st one is REJECTED !!!

    [MENTION=54431]jennak[/MENTION] - Just tagging Jennak - the OP of the closed thread in case she doesn't see your post Milo. Thank you.

    The post to the other forum has been removed though I'm afraid, as we do not wish to give them any more publicity than they manage to generate themselves by frankly, trolling other sites.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: Filing a 2nd Out of Time Witness Statement after 1st one is REJECTED !!!

      Originally posted by Amethyst View Post
      @jennak - Just tagging Jennak - the OP of the closed thread in case she doesn't see your post Milo. Thank you.

      The post to the other forum has been removed though I'm afraid, as we do not wish to give them any more publicity than they manage to generate themselves by frankly, trolling other sites.
      Very well explained Amethyst and we can only hope that Jennak gets the support that she needs.

      PS: If the warrant has expired then all that she needs to do is to send a text message to the bailiff and email the local authority. There is little point in her inflamming the situation further as the local authority would likely blame her for failing to file an N244 to seek a review. The cost of her application would have been £45 and is now £50.

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      • #4
        Re: Filing a 2nd Out of Time Witness Statement after 1st one is REJECTED !!!

        Hear hear, and thank you Amethyst. I would have said more last night, but I fear life would have been made hell again. I will apologise publicly for posting the link as well, as I admit to knowing I shouldn't have, but I was exceedingly annoyed and thought for a short time overnight, people should have the opportunity to read the utter crap being written by trolls elsewhere.

        For the record, it is worth pointing out that there are two possible fees for the N244. You can pay £50 for it to be reviewed without a hearing or I think £150 for it to be reviewed with a hearing. Usually there is no need for a hearing, so the only fee payable is £50.

        There is so much misadvice around, it is worth pointing out the detail.

        Comment


        • #5
          Re: Filing a 2nd Out of Time Witness Statement after 1st one is REJECTED !!!

          No worries - just ignore them.

          Just to clarify it's £50 for without a hearing and £155 for with a hearing. Don't forget there's fee remission in cases of hardship - EX160 is the relevant form for this from the HMCS site.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Filing a 2nd Out of Time Witness Statement after 1st one is REJECTED !!!

            Indeed.

            http://hmctsformfinder.justice.gov.u...ctober-eng.pdf

            Comment

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