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Advise for Bailiff coming back on Monday

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  • Advise for Bailiff coming back on Monday

    Hey All,

    Today a Bailiff showed up at my door asking for £625 for a debt in my wives name. The debt was for not having a TV License, this was sent to Court, and ruled against her (she was not present) and she owed £587. She informed me she started to pay £45 a week, but couldn't keep up, and xmas just added to that issue.. I was not aware of any of this. The worst part, is we didn't even need a TV License during this time, and on the 'statement' from the TV license guy, it stated we had Virgin TV - which we didn't and I can proof with my bills from Virgin.

    The bailiff gave us until Monday to raise this money - which is impossible, and the only 'goods' he may be able to take would be the TV which belongs to my wife (I assume they can't take my laptop), adding to this my wife is also pregnant, so (I think) she is classed as vulnerable. My wife is a homemaker, and has no income, so I am looking for some advise..

    Do I try and get the fine reversed, by talking to the court.. or what.. I am really confused, and concerned.

    PS: From my research, they can not force entry, and I must not allow them into the house.. is this correct?

    Thanks in advance.
    Tags: None

  • #2
    Re: Advise for Bailiff coming back on Monday

    Hi spartacle ... !

    This is a tad confusing ... are you saying that your wife owes £625 for a TV Licence default court judgement and how does Virgin TV ( as you say 'you didn't have it ) affect this matter? You also say that you knew nothing of this so I assume that your wife is keeping you in the dark.

    No, if you do not give the bailiff legal access, he cannot enter your home unless you invite him in. I do not think the fact that your wife is pregnant and has no discernible income is going to help you here, that information should have been made clear to the court, but of course your wife did not attend.

    You could try phoning the court urgently and state all of this but I suspect that they will leave it in the hands of the bailiff. But bear this in mind, the bailiff has the option to negotiate a payment plan if it is absolutely clear that you cannot raise the money, so you should have as much cash as you can raise on the day and negotiate the balance.

    You also need to discuss the matter with your wife to confirm exactly why she owes this money and why you think you didn't need a TV licence during a certain period ( I assume you are talking about not having Virgin TV which would be of no consequence if you still had a working TV in the house ).

    Comment


    • #3
      Re: Advise for Bailiff coming back on Monday

      Originally posted by Snoopy1948 View Post

      This is a tad confusing ... are you saying that your wife owes £625 for a TV Licence default court judgement and how does Virgin TV ( as you say 'you didn't have it ) affect this matter? You also say that you knew nothing of this so I assume that your wife is keeping you in the dark.

      A TV License enforcer came to the house, my wife gave her name, and some how, the statement said we have Virgin TV, and required a license.. We did not have Virgin TV, and was not using live TV, nor recording when it was broadcast Live - so we didn't need a license. We trialled using only Netflix, and On demand services.

      Originally posted by Snoopy1948 View Post

      You could try phoning the court urgently and state all of this but I suspect that they will leave it in the hands of the bailiff. But bear this in mind, the bailiff has the option to negotiate a payment plan if it is absolutely clear that you cannot raise the money, so you should have as much cash as you can raise on the day and negotiate the balance.
      I'll phone the court today, just in case. The bailiff at the door, said a repayment plan was not an option, if I refuse entry to the house, are they allowed to refuse a repayment plan, I would be the one repaying. PS: There is nothing in the house to take anyway.

      Originally posted by Snoopy1948 View Post

      You also need to discuss the matter with your wife to confirm exactly why she owes this money and why you think you didn't need a TV licence during a certain period ( I assume you are talking about not having Virgin TV which would be of no consequence if you still had a working TV in the house ).
      As above, we didn't need a license. A assume, it was someone from Capita Business Services Ltd but my wife isn't sure, who came to the house, they took her name, wrote down we watch TV and had Virgin TV (tivo) and this went, eventually went to court, a fine was added, and an extortionate repayment plan setup which she failed to keep up with.


      Thanks for the replies

      Comment


      • #4
        Re: Advise for Bailiff coming back on Monday

        Did the Agent ask her to sign his form?

        - - - Updated - - -

        The difficult part of making any Stat Dec is because some payments have been made then they will take that as an admission.

        Comment


        • #5
          Re: Advise for Bailiff coming back on Monday

          Originally posted by ploddertom View Post
          Did the Agent ask her to sign his form?

          - - - Updated - - -

          The difficult part of making any Stat Dec is because some payments have been made then they will take that as an admission.
          Yeah, she signed his form, and indeed made some payments to the court, err... this is so frustrating, my wife has no responsibly over any of the bills and nothing except the tenancy is in her name, and this form was incorrect and she panicked.

          Comment


          • #6
            Re: Advise for Bailiff coming back on Monday

            They will have used the signed Form as an admission of guilt as I can probably guarantee "extras" will have been added to the Form before submission.

            Comment


            • #7
              Re: Advise for Bailiff coming back on Monday

              Most people who don't need a license incriminate themselves by talking to the Capita Goon (TVL Inspector/License salesman) Best policy with TVL is close the door and say nothing. Certainly do not engage with them or sign anything.

              Did your wife let the EA into the house and let him list goods on a Controlled Goods Order?

              Comment


              • #8
                Re: Advise for Bailiff coming back on Monday

                Originally posted by bizzybob View Post
                Did your wife let the EA into the house and let him list goods on a Controlled Goods Order?

                No, he, nor any other Enforcement Agent, office, Bailiff, or what ever they are calling themselves have entered my home. I called CAB as well, they said to ask the Court to reclaim the debt (under their discretion) as my wife is pregnant, and we have a child with learning difficulties but the court said they do not have this power. CAB also advised that


                The court has stated the EA has the power to enter using a locksmith, but according to this site (third paragraph under 'Magistrates Court Fines') a separate warrant is needed for this under Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 200. The court also stated I can not content the fine, as it's not in my name, nor could my wife, as she already had the change at the hearing last year.

                I called him today, and offered a £30 monthly repayment, as this is all I can afford, but he said this was not good enough. He said, if I let him into the house, and if, we do not have enough goods to cover the amount, he'll send it back to courts, which will add more fees (although the court said all EA fees and costs would be removed, if its returned to them.

                Comment


                • #9
                  Re: Advise for Bailiff coming back on Monday

                  Originally posted by spartacle View Post
                  No, he, nor any other Enforcement Agent, office, Bailiff, or what ever they are calling themselves have entered my home. I called CAB as well, they said to ask the Court to reclaim the debt (under their discretion) as my wife is pregnant, and we have a child with learning difficulties but the court said they do not have this power. CAB also advised that

                  The Court can but are usually very reluctant to do so as in the main they have to wait until it is returned by the EA. CAB can be variable with their advice.


                  The court has stated the EA has the power to enter using a locksmith, but according to this site (third paragraph under 'Magistrates Court Fines') a separate warrant is needed for this under Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 200. The court also stated I can not content the fine, as it's not in my name, nor could my wife, as she already had the change at the hearing last year.

                  Be wary taking advice from there. The main "adviser" there has cost some of his "clients" up to £30K in costs for duff information.


                  I called him today, and offered a £30 monthly repayment, as this is all I can afford, but he said this was not good enough. He said, if I let him into the house, and if, we do not have enough goods to cover the amount, he'll send it back to courts, which will add more fees (although the court said all EA fees and costs would be removed, if its returned to them.
                  If the debt is returned then yes all fees are removed. The Warrant the EA carries the Power of forced entry and this has been done on many occasions. Only if you genuinely have nothing of value should you consider letting him in, the majority of household good are exempt anyway. He may try and target a car if you have one.

                  Comment

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