bailiffs letter, given me little/no time - what can i do?

i'm having some grief...

bailiffs sent me a letter last Thursday (8,3,18) giving me until the 14th to pay the debt or they're coming in to remove goods. there is no return address but i have steamed it open so thinking return to sender, address unknown 1st class tomorrow.
This debt is from a CCJ (before i knew any of this information) - i spoke with the company, i think restons, and agreed a payment plan (last June time), i have not paid any towards the debt.
will the RTS have any effect? i've read about the 3 letters but are these right for this matter i have?
this is not the only issue i have and think restons may be involved in more.

i eagerly look forward to hearing back

Why did you agree on a repayment plan then not pay on it? You have put yourself in dishonour. Your word means nothing.

Hello WokeBro and thanks for your reply.

It was not my intention to not pay...i wished to do things the correct way but as I'm sure you're aware that society has a way of striping all it can from us. It is because of the bigger picture that I've had to look for real/common law/sovereignty facts to protect us from the legal crooks. Hence finding goodf and thankfully now this site.

i also have three children, the eldest will be leaving school this year so im firstly trying to learn all I can to prevent them from having to put up with this sh*t which WILL get worse and secondly to not lose even more of my hard earned FIAT currency so that I can help them start in life.

i would be very grateful of constructive advise at the moment.

As a living person (which i wasn't when i corresponded with them) could i send and insist on letter 1...on the basis that the incorporeal/strawman had previously dealt with them? Should I also cc the court into correspondence?

ALL the lower courts in the UK are UNBONDED.

hello pitano1, very very interesting.

According to this video the mags and county courts are trading illegally. So anything issued by them is not enforceable?

Could this mean that if i was to ask the county court business centre for their (bond numbers):
Indemnity bond
Surety bond
Fidelity bond
Judicial bond
Fiducial bond
Court bond
Judges bond

that if they cannot produce these that the Notice of Issue of Warrant Control is void?

kind regards and waiting eagerly - i have to do something today and this is all quite a head spinner for me

to quickly add:

The Notice of Issue of Warrant Control does not actually have any stamp on it - does this mean anything?

the Judgement of Claimant (accepted) form does have a stamp

itheman wrote:to quickly add:

The Notice of Issue of Warrant Control does not actually have any stamp on it - does this mean anything?

the Judgement of Claimant (accepted) form does have a stamp

Means nothing as it doesn't actually have to have a Court stamp.

Basically, you've got a CCJ against you, you accepted this and offered a repayment plan which you've not kept to, so not really unexpectedly they've issued a warrant of control.

As you accepted the CCJ you've now no chance of getting it set aside and they're going to be hassling you potentially from 6.30am - 9.30pm.

If you're intent on not paying then all I can suggest is you park any vehicle well away from your property and don't let them in when they come knocking.

hello Tiggy, thank you for your reply.

it is looking quite grim for me. it is not for want of not wanting to pay, i have always tried to do the right thing and always worked. i got involved with a business venture that went sour due to a megalomaniac (i will seek advice here on that once i have this matter dealt with) who owes me £k's. i am now backed into a corner and clawing at anything for a reprieve as right now i am skint.

i did find this on goodf:

The Count Courts Act 1984

Sec, 1,2 says “every court held shall be called a county court and keep a record and shall have a seal”.
135 Penalty for falsely pretending to act under authority of court.
Any person who—
(a)delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; or
(b)acts or professes to act under any false colour or pretence of the process or authority of a county court shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.
136 Penalty for falsely representing document to have been issued from county court.
(1)It shall not be lawful to deliver or cause to be delivered to any person any document which was not issued under the authority of a county court but which, by reason of its form or contents or both, has the appearance of having been issued under such authority.
(2)If any person contravenes this section, he shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
The 'warrant' a Magistrate can create is not valid for an individual’s home, It's only valid for commercial property and even then it has to be backed with a contract signed by both parties and a 'deed of assignment'.

would there be any angle with this?

As Tiggy stated ,park your vehicle well away from your home.
They cannot force entry. Remember to lock ALL exterior doors & windows.
Under no circumstances open the door to them.
If you let them in once they can then lawfully force entry at any time in the future.

cheers daveiron,

wish i'd found you all last year.

spoke to the county court business centre.
A warrant form can be submitted online by "claimant" a fee paid then the court bulk distributes them and informs the bailiff!

leaves me with waiting for N244 and EX160 form.

it's got that bad i've had to move in with parents and i don't want them suffering which makes the evasive tactics a no-go

let's face the music and dance

If you have moved in with parents I presume you do not own a property.
If you own a work van ,they cannot take that or any tools of your trade.
Its a pity you did not find us sooner otherwise you could have sold everything to your parents ,unfortunately any sales invoice / receipt must have been dated before any bailiff action. All that would have left them would be the option of an attachment of earnings order (unless you are self employed) .

There are a lot of good vids on youtube regarding bailiffs,however dont take the confrontation route.

No property, i have a car, i understand they cannot take anything deemed essential to life, such washing machine, fridge etc... including livelihood - a car needed for work?
i do not want them in - period

better late than never finding this site, if only everyone was aware of it

It's not an N244 form you need it's a N245 - that's an application to vary the order, costs £50 or you apply for exemption using Ex160. Basically, you're apply to vary the original order by offering a token payment each month, which can be as low as £1 dependant upon your circumstances. That's going to be your only way to get them off your back.

The warrant of control you've received is simply a copy of the order made, the actual warrant is issued to the claimant / bailiffs.

They can, and will take a car and parking it on the property is something they will clamp as its not classed as essential to life as they claim you can take walk or take public transport. If your parents have a lockable garage then put the vehicle in there and cover up any windows so they cannot see into it. You also tell your parents to keep the doors of the property locked as an unlocked door means a bailiff can simply walk in, and once in they can come back at any time and break in if they desire, and once in they can break into anything which is locked and this includes outbuildings and garages.

itheman wrote:Hello WokeBro and thanks for your reply.

It was not my intention to not pay...i wished to do things the correct way but as I'm sure you're aware that society has a way of striping all it can from us. It is because of the bigger picture that I've had to look for real/common law/sovereignty facts to protect us from the legal crooks. Hence finding goodf and thankfully now this site.

i also have three children, the eldest will be leaving school this year so im firstly trying to learn all I can to prevent them from having to put up with this sh*t which WILL get worse and secondly to not lose even more of my hard earned FIAT currency so that I can help them start in life.

i would be very grateful of constructive advise at the moment.

As a living person (which i wasn't when i corresponded with them) could i send and insist on letter 1...on the basis that the incorporeal/strawman had previously dealt with them? Should I also cc the court into correspondence?

Whilst I have no practical advice for you at this time, I would suggest that next time you agree on a payment plan YOU determine what you can afford NOT them.

If all you can afford, even during the hardest of times, is 50pence a week for 50 years then that is ALL you can afford. The sad part of it with payment plans is the DCs usually have orgasms when you miss a payment because they usually go bolting into court and get a judgement summons for the entire debt amount. That's when the home invaders come to loot your home.

This is why YOU decide what you can afford in terms of payment plan NOT them. It also why you should agree to an amount that you can afford even in the hardest of times.

Also, I have learned in the last year or so that it seems contract law is very, very powerful but also very easy to do once learned. One does not really need to go to court accept as an intervener to assist the court to settle all claims among the parties.

Listen to Gordon Hall in Bellingham. There is a whole series and its very hard listening but it will pay off.
Also

thanks all, should i speak to bailiff and creditor to let them know i'm expecting these forms/spoken to the court and see if they'll hold off - it's under £1500

Yesterday a HM Courts & Tribunal letter was hand delivered to my mom, she let no one in but it says payment by 10am Monday...so the bailiffs will be round anytime from 10am next Monday if i've not paid them.

Also the court have sent me N245 despite their letter saying N244, and EX160.

N245 asks for a title and address - i think i should do this as MR/strawman to protect me the living person, in case of future matters from the parasites?

Arrow Global have issued the claim M&S were who i had the credit card from, M&S i guess have sold this debt and are no longer interested so the only ones who may hold sway over bailiffs are Arrow?

i have found this from Jon Witterick and Seylon

will it still carry any weight if handed/posted to them?

hopefully it will help other too - it's saved as ebook-uk-1.docx and titled getoutofdebtfree.org The Definitive User Guide

NON-NEGOTIABLE
 
< Name of Bailiff Company >
< Their Address >
< Their Postcode >
FAO: < Contact Name >
14 March 2018
NOTICE
REMOVAL OF IMPLIED RIGHT OF ACCESS
Notice is hereby given that all implied rights of access to the property known as Your Address, Your Address, Your Address, Your Address are removed in respect of the following:
Any employee or agent or principal or any other person acting on behalf of the CORPORATE COURTS, LOCAL COUNCILS, and
Any employee or agent or principal or any other person acting on behalf of any bailiff or other debt collection agency.
Please also take notice that the land known as England is a Common Law Jurisdiction and any transgression of this notice will be dealt with according to common law. Without ill-will, vexation or frivolity,
By:  < Your Signature >
By: Sovereign John Arthur of the family: Smith
Authorized Agent and Representative for JOHN ARTHUR SMITH
 
WITHOUT PREJUDICE (all natural inalienable rights reserved) Warning - Failure to comply with this notice - without lawful excuse or claim of right - will be deemed common law trespass and your unconditional agreement to pay the [freeholder] the sum of £5000 (FIVE THOUSAND POUNDS) or the inflation adjusted equivalent thereof in compensation & that a lawful bill will be drawn against you with payment terms of within 30 (thirty) days of service. Further you would have agreed to waive all your rights in any dealings with the [freeholder]; and dishonour will be enforced. Claim of ignorance of this lawful notice will be deemed no lawful excuse.
No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.
WITHOUT RECOURSE – NON-ASSUMPSIT

we have the ebook for dl on here https://goodf.forumotion.com/t488-goodf-ebook
this is a bit dated, some phrases shouldnt be used like "without prejudice" which basically means "this wont be used against you in court"

thanks Lopsum,

should i send the REMOVAL OF IMPLIED RIGHT OF ACCESS with the forms i have now filled in - which are quite bleak, times are hard right now and it is difficult to focus never mind try and take on board all the great information and respond with clarity. i'm sure that they will not accept my offer as i have offered £10 p/m so was thinking of giving an explanation (the truth) about my situation - which boils down to being involved with a business where the self appointed "boss" and i fell out, he owes me some £k's but isn't paying.

i feel it likely that the two; REMOVAL OF IMPLIED RIGHT OF ACCESS and my story would be conflicting though?

i'm not expecting an easy life (although i firmly we believe we should all have one but for the shadow government and all the control/repression) but a break now and then would be welcomed.

itheman wrote:thanks Lopsum,

should i send the REMOVAL OF IMPLIED RIGHT OF ACCESS with the forms i have now filled in - which are quite bleak, times are hard right now and it is difficult to focus never mind try and take on board all the great information and respond with clarity. i'm sure that they will not accept my offer as i have offered £10 p/m so was thinking of giving an explanation (the truth) about my situation - which boils down to being involved with a business where the self appointed "boss" and i fell out, he owes me some £k's promised to pay £x p/month this year but never has (i can't afford to take the ******! to court yet). Out of that business i had a great opportunity but trusted an old "mate" who turned out to be a devious ***! and took my opportunity. i am in the process of developing a new business to pull that opportunity back while trying to rekindle in the new business my earlier expertise in cctv and alarms.

i feel it likely that the two; REMOVAL OF IMPLIED RIGHT OF ACCESS and my story would be conflicting though?

i'm not expecting an easy life (although i firmly we believe we should all have one but for the shadow government and all the control/repression) but a break now and then would be welcomed.

Hey,

They are not really interested in your issues with your friend and besides telling them that you may be coming into some money in the future just gives them an excuse to come a knocking again sooner rather than later.

See Tiggy's post above regarding what the N245, and EX160 forms are for e.g. varying the order/payments.

You could submit/post a WOIROA but it is not your property so what is the point?. If anyone were to do it then your parents could but I understand you do not want to stress them out or get them involved. That said they are most likely going to turn up on Monday and there is little you can do about that now other than getting the relevant forms in asap.

If your car is on finance then they can't take it either as you don't own it, for headache sake though just park it at a friends or other place still your forms get in and they back off.

At this stage you need to get the forms in, make sure you have nothing of value in your room/sofa area that belongs to you (this presumes they are allowed in), make sure your car is away from the property (just to be on the safe side). Prepare mentally for Monday, if they turn up (you can send them copies of the forms as well as to the court to show that you are trying to resolve the matter e.g. save them a visit). If they do turn up then try and get a video record of any intercourse that takes place and just keep to the facts, forms sent (even have a copy to hand to present if you think it will help). Regardless what you do or say be prepared that you may just get an ahole at the door who will not believe a word you are saying and will operate on a computer says x, y, z basis (so get the forms done and submitted quick time).

Just keep in mind, if you have nothing then what can they take?, nothing!. You just have to go through the motions of the visit presuming the forms don't hit bases in time.

Thanks actinglikeabanker, it helps to have it spelled out as it is.

It is matter of fact

Thanks again for clarity. I still feel fundamentally that we should not have to give in them at any stage of any proceedings if they have issued a claim to a strawman and not to a sovereign man/woman

This is very interesting from third page of getoutofdebtfree.org/forum/viewtopic.php?f=140&t=38149&start=20

1) you really need to gget to grips with the process and conceptualise the court thingy
2) it sounds like whoever filled in the defence info and pleaded to the magistrates court from your court was negligent in their duty -- it wouldnt suprise me if your court removed that bad element and replaced it with a better agent [you need to get your head around this process](if you can think of another logical thing to do.. go for it). Whomever filled in the form must be isolated and removed from that position i.e was it your courts magistrate who filled in the information or was it your courts authorised agent whom normally acts on these matters???? personally i have a company that deal with all these trivial matters that are not law, in my court, i set the law and havent made law the things you are accused of/ ' ' \

3) you need to immediately get out their court by either the above method or simply as the defendant

write an order stating that the case should be dismissed and make sure you assert yourself as sovereign/freeman also
make sure you 'demand to be released from the mag court'

Dont bother with the prom note at the moment and dont bother with any explanations. The original letters sent out have all the information required and nothing need be added. The most important is noting what they say and just telling them that

1) you are no longer defending
2) you are sovereign
3) you order the case dismissed

everything else after that is easier to deal with.

I'm not sure what part of 'they've already got a Court Order against you' you're not getting.

Your chance of defending against this is long gone, you accepted the CCJ and made an offer to pay.  Unless you fill in the N245 form and submit it correctly they are going to harass the hell out of you and your parents.

Seriously, I don't think we can make it any clearer then we have done.

Thanks Tiggy and everyone else for your great help, bit of panic set in and lots to process. i think i was born an eternal optimist

The only thing I would add is ,when they turn up ,and if you wish to speak to them .Go outside & make sure the doors are closed & locked behind you.Its also a good idea to video everything . Remember if you let them in they will start levying your things ,and you will be screwed ,