|
The law: Regulation 9 of the Taking Control of Goods Regulations 2013 and Paragraph 8(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
The law says enforcement agents cannot levy on or remove goods (execute distress) more than 12 months following the Notice of Enforcement. If this regulation has not been complied with then everything that took place at this visit and everything that followed is revoked. You will need to prove a time of more than 12 months passed from receiving the notice of enforcement and the date your goods or vehicle was levied or removed. There is one exclusion to this rule. Regulation 9(2), if you were making repayments and fail to keep to the repayment schedule, this time limit no longer applies and goods can be removed after the 12 month time limit.
Use the law to make a sworn statement of truth.
You make a formal complaint and a letter before action addressed to the council/court or creditor enclosing the above sworn statement of truth. You ask for everything to be refunded and where applicable, all goods/vehicle be returned at their expense. Formal complaint letter and "letter before action", these are your "grounds" for your claim.
If you do not get a refund (or goods/vehicle is returned - then you recover the replacement cost of them through the courts), start the court proceedings, this is a template claim particulars for making a claim for non-compliance with Regulation 9 of the Taking Control of Goods Regulations 2013. Claim particulars to start a claim in the small claims court using a Form N1
If the debt is an unpaid magistrates' court fine, the defendant is always named "The Secretary of State for Justice" 102 Petty France, London SW1H 9AJ. The litigation team will handle your claim on behalf of HM Court Service. You cannot sue HM Court service because it is a government agency. See the procedure for making a small claim in the small claims court. You can also make a formal complaint against the bailiff on these grounds and using the Form N1 particulars (above) as the details of your complaint.
|
