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MickyWicky
The TEC clearly are not impartial when considering Out of Time Applications. I was told the other day by the court that they had rejected mine because the Local Authority had objected. This seems disgusting to me.
Is it actually necessary to go through the TEC? Can I not just do it through my local court using the normal Statutory Declaration procedure?
I thought that Out of Time Applications were only needed if you were responding more than 21 days after you first KNEW of the matter or more than 21 days after a notice was been placed in The Gazette.
Is this no longer applicable or is the TEC just having us over?
Also, when filing an N244, can this be filed with a local court or does it have to be done through the TEC.
I ask this as I really do not trust the TEC anymore and feel that they, like Mr. Bridger in the Italian Job, act on an assumption that "everyone in the whole world is bent".
Neil B
AIUI N244 must be filed at TEC but no extra charge for transfering to your local County Court. We have a notable one tomorrow.

Also AIUI LA opposition to OOT is not unusual, just part of the 'maybe they'll pay' process.

Some dichotomy between your paras 1 and 3 though? What relevance is the timescale beyond which OOT is necessary to having made one and being refused?



Glacier2
I reckon 100% of OOT statutory declarations are refused by court officers thus needing the payment of £75 to get the matter in front of a real judge.
bama
I would agree with that estimate.
MickyWicky
QUOTE (Neil B @ Wed, 18 Mar 2009 - 22:11) *
AIUI N244 must be filed at TEC but no extra charge for transfering to your local County Court. We have a notable one tomorrow.

Also AIUI LA opposition to OOT is not unusual, just part of the 'maybe they'll pay' process.

Some dichotomy between your paras 1 and 3 though? What relevance is the timescale beyond which OOT is necessary to having made one and being refused?

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The relevance is that if the OOT is only required, as it cerainly was in the past, if you actually knew of the proceedings but failed to act within the 21 days, then is should not be required if you have never recieved the NTO or other notifications. if this is so then you should be able to simply make a Stat Dec and serve it on the court. As soon as you make out an OOT then you are essentially saying that you do not already have the right to make a Stat Dec. In years gone by (about 15 years ago) I was able to do this. The Stat Dec Act is there so that you have recourse if you were never made aware of proceedings.
This is a critical issue. I suspect that we are being duped by the TEC into filling out an OOT which is in essence is an admission that you are out of time, when you may not be out of time. When the clock starts for the 21 days is critical. TEC are saying it starts when they issue the order, but that is not what used to be stated in the Stat Dec Act which referred to a notice placed in the Gazette. So what exactly has changed in the Stat Dec Act to change when the clock starts on the 21 days?

I thought that the only change recently had been the allowance of the officers to decide on the OOT so as to cut down on wasted court time by false claims. Surely they could have changed the essence of the Stat Dec Act just to suit their fines?
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