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24-11-2016 5:47 pm  #1


Legal or not ?

Sorry I cant put all info on as BF would be able to idiendify me. If someone wants a PM with full info let me know.
I was stopped  November 2016 and had 7.5 kgs of baccy siezed. All same brand and all for my own use.
Because of circumstances I declined the interview. I have rang and been told no interview and case will be raised to next level i.e court with no interview. Is this legal ? I have a LOT of money in my bank and will use it to get a fair and legal deal. The money is legal and was put into my account as a lump sum by a solictor.  l have not sent any paperwork for appeal or NOC yet.No paperwork was signed by me and BF notebook was not signed. No staterment was given. In a nutshell I need help and advise before time runs out.
Thanks in advance.

 

24-11-2016 7:26 pm  #2


Re: Legal or not ?

I don't think there is a requirement for them to grant a delayed interview. As I understand it a delayed interview is granted at customs' discretion but is rarely refused.

Was there some reason they have refused such as abuse or threats?

Look at it from another point of view, without an interview they have no evidence to offer in court unless you concealed or under-declared the goods. On the face of it you merely have to put a case together that the goods were for your own use. 

Our standard advice is to send in a NOC and apply for restoration. Also apply for a SAR and specifically request a copy of the officer's notebook. Don't use the HMRC online application, send it by post with a £10 cheque.

I'm also moving this thread to the help section.


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Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

24-11-2016 7:43 pm  #3


Re: Legal or not ?

Difficult to give advice on the information you have posted. Did the officer tell you the goods were being seized? If so, you must submit a NOC within 1 month of the date of the seizure. THIS TIME LIMIT CANNOT BE EXTENDED. It may be, however, that the goods were merely "detained" in which case you should be able to arrange a delayed interview.

Probably the safest course is to write to the NPSU and ask them to clarify the position and that in the event that the goods were seized that your letter be treated as a Notice of Claim.

 

25-11-2016 8:04 pm  #4


Re: Legal or not ?

Thanks for replies. Yes eazy I have to admit that I was probaly not the easiest person they have ever delt with. My ex was being harriest to sign notebook in the next bay and I bounced. She is on Meds and realy did not Know what she was singing for. I said something along the lins of sign nothing.. I have been refused an interview but she got one today. good news is she was allowed hers. She is smoking as we speak but I am scrounging of her.
As I said if anyone needs pm about what happened that is no prob.
Good point they have nothing in my non exscistetment statement. Thanks for replys and I will keep you updated.
I`m away for 3 days due to work but I will keep u updated.

     Thread Starter
 

05-12-2016 3:03 pm  #5


Re: Legal or not ?

 As I said I will keep this thread updated.
I am sending of NOC today by recorded delivery.
I have lost my job thanks to BF contacting my main employer. At least I`m not depending on anyone for a wage due to my savings. To much to claim benifets but not assed.
My question is solictor or barrister for the magistrates court. Or do I keep that in reserve as a surprise for everyone. As I said earlier I don`t want to give to much away but there is much more than Tabacco at stake. pm me if you want more info.
                         

Last edited by mealone (06-12-2016 5:19 am)

     Thread Starter
 

05-12-2016 10:14 pm  #6


Re: Legal or not ?

First off, if I say anything then run it by someone more experienced as they have a lot more experience in dealing with the ins and outs of procedure.

Is it worth asking in writing for them to give a reason on not granting a delayed interview?

 

06-12-2016 5:30 am  #7


Re: Legal or not ?

Thanks for that NoMo Tax. I have been thinking of going this route:
http://n2d.boardhost.com/viewtopic.php?id=1925
Any thoughts on this from anyone?

     Thread Starter
 

06-12-2016 5:23 pm  #8


Re: Legal or not ?

Why would they contact your employer? What would they tell him to make you unemployed? If you was dismissed because you were stopped by BF I think you should challenge it as unfair. It is civil case and you can't be treated as guilty until proven in court.


Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.
 

07-12-2016 10:44 am  #9


Re: Legal or not ?

I have sent a pm to piotrek answering his question.
Going throught the paperwork I realised the tobacco listed on form 156 is a different brand !
Does this help or hinder my case ?

Last edited by mealone (08-12-2016 9:01 am)

     Thread Starter
 

07-12-2016 1:30 pm  #10


Re: Legal or not ?

I don't see any advantage in knowing why a delayed interview was refused and I suspect the OP has an idea of the reason why.

As the author of the post on ''no interview'', my views have not changed but it is not the official forum view.

I would choose a barrister over a solicitor every time, but you will have to do the ''legwork''.

Nit-picking at the paperwork will not help you, i.e. wrong brand. It may help a cross examination by showing bad housekeeping.


http://i45.tinypic.com/24uxqug.png
Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

07-12-2016 5:27 pm  #11


Re: Legal or not ?

Cheers eezy. I thought that might too easy a get out. No pun intended.
U can contact Piotek for extra details if u need them.

Last edited by mealone (08-12-2016 8:41 am)

     Thread Starter
 

10-12-2016 3:46 pm  #12


Re: Legal or not ?

Thanks for the help but I have decided to go with this.
http://n2d.boardhost.com/viewtopic.php?id=1925

 

     Thread Starter
 

10-12-2016 3:49 pm  #13


Re: Legal or not ?

I know it is not the offical way to go but thats me.
I am waiting for coffee machine reply.
Does anyone have a good barister in Hull?

     Thread Starter
 

10-12-2016 6:16 pm  #14


Re: Legal or not ?

If you can't get a delayed interview you have no option anyway. It will be interesting to see how it works out as I think it is the first time this method has been used.

You are unlikely to get a recommendation for a barrister here because nearly all members do it themselves. If you google barristers in Hull you should get a list up. Call their chambers and ask for one who specialises in customs' work.


http://i45.tinypic.com/24uxqug.png
Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

11-12-2016 3:44 pm  #15


Re: Legal or not ?

Thanks for the info eezy.
I will be going as I said.
I will go the whole hog up to Crown court.

     Thread Starter
 

07-1-2017 3:56 pm  #16


Re: Legal or not ?

Update.
I have sent off NOC and recieved "we are looking at it letter".
I expect the next thing I get is a letter from the coffee machine.

     Thread Starter
 

07-1-2017 9:24 pm  #17


Re: Legal or not ?

At this stage we would recommend sending as much information as possible to persuade them to return your goods.

After the month is up your goods will be destroyed and even if you win at court you will only get back what you paid - nothing extra. Whereas you could possibly get your baccy returned.

You could include usage calculations, financial proof that you can afford the goods and a trip log stating how often you have travelled and for what purpose eg holidays. Bear in mind if you are a frequent traveller they like to assume that you will have brought back the same amounts on every trip. They check your frequency of travel through carrier's records.


http://i45.tinypic.com/24uxqug.png
Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

16-2-2017 2:13 am  #18


Re: Legal or not ?

Update.
Apeal rejected for a very strange reason.
It looks like court is next.

     Thread Starter
 

18-2-2017 8:34 pm  #19


Re: Legal or not ?

Just standard practice. They have "reviewed" your case and decided that the seizure was lawful. On this basis, restoration of your goods will be refused. You can request a statutory review. If you do nothing a court summons will follow or they may offer to settle with you at some later stage.

Btw. what was the "very strange reason" ?

 

01-7-2017 2:22 pm  #20


Re: Legal or not ?

Sorry long time with no info but I am trying to fly in "under the wire"  turblentupstart has been most helpful in this respect.
 By under the wire I mean that with no posts (sorry) 6 months have now passed and hopefully I fell off the radar of UKBF. 
Barrister was 2200 quid +VAT so I decided to hold fire on that.
6 months and a bit further on and nothing from UKBF.
Q1. Am I safe or do I wait for 4 or 5 months before claiming for my baccy ? (I have read here that after 6 months it could be up to another 4 or 5 months for a court date).
Q2. If safe how long do I leave between the 6 months and claiming? Cheapskate that I am I dont want to pay a barrister if I don`t have to.
Sorry again about my silence but thanks to this forum I now have some hope of at least getting my money back of the bar stewards.

     Thread Starter
 

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