Legal help/Advice Required Please.

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I'm confused.


I'm not much up on criminal law but in civil law a creditor can only obtain an attachment of earnings order from a County Court as an enforcement tool once a County Court Judgement has been issued. Is this not the case for speeding fines?
.

In this case the creditor is the court and they can issue an attachment of earnings on their own behalf.

They should have written to Bruce as well as his employer. Well, they should have done neither, but had Bruce owed the court money, both he and his employer should have been informed.

https://www.gov.uk/debt-deductions-from-employee-pay/getting-an-order
 
On reading previous posts I was slightly worried when you mentioned "statutory declaration" in that may be the only effective mechanism in law that will "wipe the slate clean" if you have already been convicted "in absentia" In other words despite the courts judgement you are still guilty on the system hence the continued hassle from the Historic Debt Team.--- Time to take specialised legal advice


https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-37.pdf
 
In this case the creditor is the court and they can issue an attachment of earnings on their own behalf.

They should have written to Bruce as well as his employer. Well, they should have done neither, but had Bruce owed the court money, both he and his employer should have been informed.

https://www.gov.uk/debt-deductions-from-employee-pay/getting-an-order
Thank you Chris. I suspect that the Court did not write to me as they knew that the "debt" had been remitted by them. The Historic Debt Team seem to have the same power as the courts without having the same level of integrity or respect.

I'm done with the whole thing now. I have asked my Solicitor to handle the entire thing on my behalf. I cannot stress any further over this. It is now clear that whatever I do, say, write etc. They just ignore it and behave as they wish.
 
Thank you Chris. I suspect that the Court did not write to me as they knew that the "debt" had been remitted by them. The Historic Debt Team seem to have the same power as the courts without having the same level of integrity or respect.

I'm done with the whole thing now. I have asked my Solicitor to handle the entire thing on my behalf. I cannot stress any further over this. It is now clear that whatever I do, say, write etc. They just ignore it and behave as they wish.

Good plan.
 
I presume your solicitor will also be pursuing them for any costs incurred post court case?
 
Blooming heck Bruce, you couldn't make this up. I can't help, but I do hope it's all put to bed soon. You may never get an apology, but if they put in writing that the matter is settled, and then stop hassling you, then that may be good enough.
 
Best of luck Bruce, this is harassment and you are right to hand it over to your solicitor.
 
Thank you Chris. I suspect that the Court did not write to me as they knew that the "debt" had been remitted by them. The Historic Debt Team seem to have the same power as the courts without having the same level of integrity or respect.

I'm done with the whole thing now. I have asked my Solicitor to handle the entire thing on my behalf. I cannot stress any further over this. It is now clear that whatever I do, say, write etc. They just ignore it and behave as they wish.

Good move. Let a professional sort it out for you. It will all end well. Good luck.
 
My company confirm that they have reversed out (at my request) the "Attachment of Earnings" from the Historic Debt Team. I provided them with my written statements to the court and they were happy to accept this. They were not happy at all at how this is handled, believing that the Historic Debt Team would have agreed this with me in the first instance (they most certainly had not).

I have asked my Solicitor to pursue a written apology and costs/compensation for my time spent rectifying the dame that they have caused to me and my reputation.

My view: This is what happens when Government decides to chase something that costs more than it saves. In a year, this will be quietly shut down, having racked up huge expenses for managers who do not manage unless they can go out and have meetings that involve expenses and require overnight stays in nice hotels. They will care not a jot that they are causing misery, preferring to quote some mythical figure £ of debts that they will recover but never do. They will never be called to account but will happily sit in judgment on those that they call to account, never once pausing to consider the impact of their ill thought out actions.

Shortened version. A bunch of low life turds with no moral compass.
 
I have asked my Solicitor to pursue a written apology and costs/compensation for my time spent rectifying the dame that they have caused to me and my reputation.
As well as using your Solicitor, as has already been suggested, contact your MP and raise a stink through that channel too.
 
I wonder if their activity places the Historic Debt Team in contempt of court?

May be too much to hope for, but I would expect some severe knuckle rapping at least.
 
I wonder if their activity places the Historic Debt Team in contempt of court?

May be too much to hope for, but I would expect some severe knuckle rapping at least.


I asked that question on PePiPoo and get very blunt "no".

Today, I have received from the Court (at my request) written confirmation, of the fine being remitted and me owing zero. I can use this in the event that anybody (Bailiffs etc) attempt to remove money or goods.

I now await the results of the Historic Debt Team's investigation into my complaint about their handling of this.
 
Know you're on the way to sorting this out, but I wonder if the HDT issued the proceedings twice in error. They attended one and got an a of e order and you attended the other and got the claim knocked back. I have heard of this before. Just a thought. The whole thing smacks of being handled by an outsourcing company such as Capita - exactly the sort of tactics that these companies use. We'll never know I guess. Apparently HDT have issued thousands of these proceedings and intend to pursue os debts going back over 10 years. Quite where they get all the staff from to attend these hearings I dont know.
 

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