Debt Enforcement Legal Rebuttal

uk

sorry enforcement agents not bailifs

please show me the law on the leighton v bristow & sutor case and if this applies to my situation

what about seeing proof of the orginal liability order

but this is the point the magistrates do not in fact have this recorded and do not have a case reference file

on what points of law

please elaborate on these points in laymans terms so i can understand thank you

would apprectiate if you can write this in a letter format

is it possible to include a more detailed letter

please rewrite me a rebuttal as a senior barrister drafts to this letter using all lawful and legal points of law, Thank you

please rewrite me a rebuttal as a senior barrister drafts to this letter using all lawful and legal points of law, Thank you Good Morning, We acknowledge receipt of your recent correspondence, the content of which has been noted. We will not cease and desist unless our instruction from Council is altered. We are certificated Enforcement Agents instructed under Schedule * of the Tribunals Courts and Enforcement Act * and the Taking Control of Goods Regulations *. This authorises us to attend relevant premises and to take control of goods. Our instruction as the designated Enforcement Agents is electronic and contains the details of the Liability Order including the date the order was granted, the charge period, charge address and the name and contact information for the liable party. In this case the Liability Order was granted by the Magistrates Court on date in respect of Council Tax for address. We are not obliged to supply a copy of the Liability Orders nor do our Certificated Enforcement Agents need to carry it with them to legitimise their powers. Every enforcement agent will carry a Letter of Authority from the client in question, along with their identification and their Certification from the Court. Should you wish to verify the legitimacy of our involvement or obtain a copy of the Liability Order in question, you will need to contact the Council directly. I appreciate your references to the LEIGHTON vs BRISTOW & SUTOR case on 20th September * where the Judge ruled in favour of the debtor and stipulated that to comply with Schedule * paragraph * of the Tribunal Courts and enforcement Act *, the creditor must provide up on request, of which this is a written request, a copy of the Court Order they are relying on to levy distress in this matter. That being said, our instruction as Certificated Enforcement Agents has never been altered and there has been a more recent court case which progressed in relation to identical reasons which was ruled in favour of the creditor. You may wish to familiarise yourself with the Kofa v Oldham MBC High Court of Justice which was heard on 20th March * and available for public scrutiny. In this instance, the Judge stipulated: - “The * Regulations do not require a “court-issued” order. They did include a requirement of that kind, until an express amendment in *. I have been shown no provision of the * Act which requires a court-issued order. Regulation *(*) provides that the magistrates’ court will “make the order”. Rule * specifically excludes liability orders from the general duty to serve orders. Regulation * (charging orders) speaks of whether a liability order has been “made”. So do other regulations: eg. regulation *(*) (insolvency); and regulation *(*) (joint liability). I have been shown no provision which requires an entry in the court record, to be sent or served on person against whom a liability order is made or enforced, or to be produced to the county court for the purposes of a charging order.” We are unable to discuss the matter as your account is currently with our Removals Team who have been instructed to arrange the removal and sale of your goods to the value of your debt. We ask that you contact the Agents in charge of your account on * to discuss repayment to prevent removal proceedings taking place against you. Regards,

is it possible to elaborate more on the law full points

please elaborate more on these two case with an explation to the point that help rebut the letter

Please rewrite a letter based on all the above useful information you have provided including anything else that you believe is relevant in way of rebuttal or challenge

rewrite this in a more serious way to have impact: I recommend you to seek legal advice to navigate this situation appropriately and avoid potential complications.

please rewrite this letter to have more lawful impact: Dear Sir/Madam, in response to your recent correspondence [dated]. I have taken note of your claim under Schedule * of the Tribunals Courts and Enforcement Act * and the Taking Control of Goods Regulations *. However, I bring to your attention the conspicuous absence of a tangible Liability Order from the Magistrates Court records. The absence of this critical document leads to questions about the legitimacy of your enforcement actions. I also note your reference to the LEIGHTON vs BRISTOW & SUTOR and Kofa v Oldham MBC cases. While these cases provide certain perspectives, they do not absolve the necessity to establish the validity of the Liability Order. The Leighton v Bristow & Sutor case underscores the debtor's right to request a copy of the Liability Order. In contrast, the Kofa v Oldham MBC case suggests that a court-issued order isn't necessary, yet an untraceable Liability Order (No individual case number) in the court records could pose a challenge to the legitimacy of the enforcement action. In light of the aforementioned points, I urge you to reconsider your position. I strongly urge you to secure legal counsel immediately to properly address this matter and avert any possible legal repercussions. Yours sincerely, [First name only]

what a court liability order have by law to include and what is the full lawful process

does the actual order have to be signed by a judge and have a court seal