bailiffs entering my home with a locksmith

[siany]

Advice needed asap please. A bailiff left a letter saying he will be back on 18/02/13 to enter my home with a locksmith for non payment of a tv licence fine. I was not aware of the fine. I will be in work, i cant get out of it but my 16 year old daughter will be in the house on her own. Can they still enter if she is alone in my house?

[ploddertom]

Re: bailiffs entering my home with a locksmith

It is very true that non payment of a Magistrates Court Fines carries the threat of forced entry and this should be for the more persistent offender. If they call and the only person present is someone who appears to be under the age of 18 years then they should withdraw and attend at a different time, as your daughter is 16 it is permissible for them to ask when you will be at home.

If you have no knowledge of the fine you should contact the Court to advise them of this. Were you aware at any time you may have been caught without a TV Licence, if so have you moved since?

[siany]

Re: bailiffs entering my home with a locksmith

Yes i was aware, it was being taking from my jobseekers, i now work so can afford ti pay installments. I have offered 50.00 a month but it has been refused. The bailiff claims to have put 2 letters through my door last November on dates that i was not in work, no letters have been received hand delivered. If they had, i would not of ignored them. As i say,, i am working now so can pay. I called the courts and they said there was nothing they could do

[bluebottle]

Re: bailiffs entering my home with a locksmith

There has recently been a Judicial Review regarding fines. Do you know if there is an Attachment of Benefits order (ABO) or Attachment of Earnings Order (AEO) in force? If so, the bailiffs should not be involved. Which firm of bailiffs is involved, please? Refusing a reasonable offer of repayment is a breach of the bailiff company's OFT Licence and they know it. Who did you speak to at the court? Court staff are not always the sharpest knives in the drawer and, quite often, they are clueless. Ask for the direct telephone numbers of the HMCTS Area Enforcement Manager and HMCTS Area Contracts Manager. These two people can help resolve this. The Contracts Manager is senior to the Enforcement Manager.

[siany]

Re: bailiffs entering my home with a locksmith

They are called swift. No attachments of earnings. Its just a letter saying he Will return with a locksmith at 15.30 today and force entry to seize goods using the powers conferred by schedule 4A domestic violence, crime and victims act 2004. Ok thank you. I shall contact the courts again asking to talk with the people you mentioned

[siany]

Re: bailiffs entering my home with a locksmith

The court Will not give me the HMCTS area managers number. Can only get this sorted by contacting swift

I have now called the bailiff and informed him my unsupervised 16year old Will be on the property. He Will not be calling here today. I told him to come back on my next payday for payment in full. This Will buy me some time to get advice from citizen advice and hopefully have it sent back to court. It is shocking the way people talk to you when they think you are a criminal. It was a tv licence, hardly makes me a criminal does it. Thanks for your help
Siany

[bluebottle]

Re: bailiffs entering my home with a locksmith

Ring the court again and ask to speak to the Court Manager. Whoever you spoke to had no business refusing to provide you with the Area Enforcement Manager or Contracts Manager's office telephone number. Any further non co-operation and I would contact the Ministry of Justice directly.

[ploddertom]

Re: bailiffs entering my home with a locksmith

Before the Bailiff became involved did you receive a Further Steps Notice from the Court - this is a legal requirement?

[enquirer]

Re: bailiffs entering my home with a locksmith

Brief your daughter - if they turn up when she is alone, forget any of the niceties or legal technicalities - dial 999 at once.

[bluebottle]

Re: bailiffs entering my home with a locksmith

Could you please confirm the following -

1. Amount of fine and costs;
2. How much you have paid to date;
3. How much Swift are demanding.

Swift's refusal to accept instalments is not on, as the recent JR has shown. Any payments must be affordable and within your means. Has the court made an order varying the amount payable per week, per month, etc.? If not, Swift's bullying may be unlawful or, possibly, illegal.

[siany]

Re: bailiffs entering my home with a locksmith

Its 403.00 in total. Have not been offered a payment plan by the courts. They are demanding payment in full on the date i told them i would pay just to get me some time to sort it. I explained i work shifts and the reply i had was that he can call at 6am!?

[bluebottle]

Re: bailiffs entering my home with a locksmith

Its 403.00 in total. Have not been offered a payment plan by the courts. They are demanding payment in full on the date i told them i would pay just to get me some time to sort it. I explained i work shifts and the reply i had was that he can call at 6am!?

By the sound of it, you need to go back to court and ask for a Means Hearing. If the court that originally imposed the fine did not take account of your means, the arrangements for payment may not be lawful in the light of the JR. We also need you to break down the total amount down into the fine and Swift's fees, please.

[siany]

Re: bailiffs entering my home with a locksmith

I have asked for a means hearing and was refused. The court told me there is nothing they can do to help me. I can't give you a break down of fine or swift fees as i do not know. I have searched my house for a letter but i do not have one sorry. All i have is the letter that was put through my door about the 403.00.

[ploddertom]

Re: bailiffs entering my home with a locksmith

The Court should have been able to tell you how much your fine was. However as you say the Notice is for £403 then I would hazard a guess at the following:
Fine outstanding = £103
Admin Charge = £85
Visit Fee = £215

There is an agreement between the enforcement co's & HMCTS that sets the levels at those listed above. It has not been proven one way or another that you as the defaulter have to pay them. The Courts will avoid the question & the Bailiffs will say yes you do have to pay. One thing they may have neglected to tell you is that HMCTS have agreed that payments may be spread over 6 months, the Bailiff does not like this as he does not get paid until everything is paid.

The Warrant itself lasts for 180 days but if payments are being made can be extended.

[CleverClogs]

Re: bailiffs entering my home with a locksmith

It is shocking the way people talk to you when they think you are a criminal. It was a tv licence, hardly makes me a criminal does it.

Actually, it does.