Disputed attendance notice

[Wellygirl]

Can Philips sent someone out over the weekend to collect a fee of £215 for a notice of attendance that we never received? They threatened by email yesterday to do this over the bank holiday weekend?
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The original magistrates court fine and Philips fees are paid in full. Can they force entry to take possessions for their fees?

[labman]

Re: Disputed attendance notice

They can seize goods at any time EXCEPT Sundays and public holidays (including Bank Holidays), so Saturday would be OK.

If their fees are paid in full, there is no reason for them to force entry. Even if there was, while technically they can force entry, in reality it is exceedingly rare for them to do so (but frequent for them to threaten to).

[wales01man]

Re: Disputed attendance notice

Evertime a read posts on here about threats from these bailiffs my blood starts to boil im not in a situation that will get me involved with bailiffs again the last one over 4 years ago ran off after i told him where to go never the less if faced with this threat that welly girl has i would leave my door opemn and when they entered i would make sure he left after excercising my rights to protect myself using reasonable force guaranteed they will rember me .
My extreme action is probably not the way to go but with all thats happened to me i dont really care.
DONT TRY THIS AT HOME SO THE WARNING GOES?

[Wellygirl]

Re: Disputed attendance notice

so they can seize goods for an attendance fee that their office has not provided any details or proof of except a date? and that date was the same date as thay attended and left a letter for another case we had? all the original fees they attached to the original court fine have been paid. who gives them the authority to come to collect against a fee that they claim is owed but can provide no proof of?

[labman]

Re: Disputed attendance notice

The problem here is that as they just put the paper through your door (or are supposed to) they will simply say they do not have a copy. This is quite normal. There is no requirement on them to keep a notice of visits, but with a Magistrates' Court fine you should ask, if you have not already done so, to see the Distress Notice. They do not have to have this on them, but they must tell you where and when you can see it. If they refuse, one has to question the validity of the original Distress Warrant.

They won't force entry though - it is only in really extreme circumstances, as an absolute last resort where this power is exercised and is extremely rare. You have paid and may or may not have a small amount outstanding. Personally I suspect the bailiff will not even turn up. He certainly would not risk forcing entry, so please do not be scared at the thought of this. IF ( a very big if) they do turn up, refuse to let them in. Trust me, they will not force entry over this.

[Wellygirl]

Re: Disputed attendance notice

The lack of regulation in this area amazes me when they are able to land people with what I consider to be massive fines, if we could afford to pay the original fine easily we would of done. Being able to add £215 at a time and just claiming they have been out is beyond belief. I am worried about tomorrow and whether they will come but also on Tuesday we are at work and my mother in law is here looking after our 3 children, how can we sort this out or should I just make an arrangement to pay then try and sort it out but buying us time?

[bluebottle]

Re: Disputed attendance notice

Hold on. Unless I am very much mistaken, where fines are involved, the cost of enforcement is incorporated into the fine. If the fine has been paid in full, that's it. Finito.

They need to be told, in no uncertain terms, that the email is being forwarded to the police under Section 127, Communications Act 2003, for investigation and necessary action. They also need to be told that making threats of the type in their email is an offence not only under the Communications Act 2003, but Section 21, Theft Act 1968 also. They attend your home and try to force entry at their own risk. If you have any black, cayenne or chilli pepper handy, you are allowed to throw it into the face of any would-be intruder. However, as Labman says, it is very unlikely they will try to force entry.

[labman]

Re: Disputed attendance notice

You are correct Bluebottle. I put in the other thread that the fines are paid to the court first, then the bailiffs are paid.

The OP really has nothing to worry about. It is typical bullyboy bailiff tactics.

[bluebottle]

Re: Disputed attendance notice

You are correct Bluebottle. I put in the other thread that the fines are paid to the court first, then the bailiffs are paid.

The OP really has nothing to worry about. It is typical bullyboy bailiff tactics.

Thanks for that, Labman.

[mohmmad786]

Re: Disputed attendance notice

My understanding was that if the fine is paid in full than the bailiff cant levy on anything, meaning he cant come inside your house and take anything just for HIS fees. As long as you dont open the door to them or even if you do than dont let them in or invite them in even if the bailiff is dying to go to the toilet and move any car you got further from where you live. One more thing, BAILIFFS LIE and even if he comes at your door threatening to bring the locksmith, do not worry as he can only do that on a commercial property.

Totally agree with bluebottle and like i said in the other thread(above) that as long as you got the confirmation that the fine is paid in full, the bailiff cant levy on anything just for there own fees. They might come to the door and lie to you that they gonna bring the locksmith and the police but they cant do it on a residential property. Check my thread(below is the link) with the video of mine and there was a link to bbc program in which they actually said that bailiff can ONLY bring locksmith if it is a COMMERCIAL property.

Marston Bailiff Letter for court fine which i already paid - Page 4 - Legal Beagles Consumer Forum

And like labman and bluebottle said that it is very unlikely that they are gonna try and force an entry so stop worrying and enjoy your weekend.

[Wellygirl]

Re: Disputed attendance notice

What remains unpaid is the fee of £215 for an attendance notice that they left no paperwork for, they did attend on the same day (presumably at the same time as except for a 50 minute period someone was at home all day) and left one attendance notice with a different case number on it and we have arranged to pay that attendance fee of £215 on the 20th April which they accepted. The other fees they added on when they received the two cases were all paid along with the original magistrates court fines. So are you saying that they are not allowed to email us and threaten to 'take enforcement action over the bank holiday weekend' if we failed to contact them immediately and make arrangement to pay this alleged attendance notice? I have asked repeatedly for the details of this attendance but they failed to send me anything, other than emails telling me that they did attend and we owed £215. I replied to their last email which threatened action this weekend telling them as they had failed to comply with my request for information of the attendance I would be contacting their complaints department. They have not been in touch since but that has worried me more that they will turn up tomorrow again and add another £215 to the bill!
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Sorry to harp on but if they do turn up tomorrow can they charge another £215?

[mohmmad786]

Re: Disputed attendance notice

What remains unpaid is the fee of £215 for an attendance notice that they left no paperwork for, they did attend on the same day (presumably at the same time as except for a 50 minute period someone was at home all day) and left one attendance notice with a different case number on it and we have arranged to pay that attendance fee of £215 on the 20th April which they accepted. The other fees they added on when they received the two cases were all paid along with the original magistrates court fines. So are you saying that they are not allowed to email us and threaten to 'take enforcement action over the bank holiday weekend' if we failed to contact them immediately and make arrangement to pay this alleged attendance notice? I have asked repeatedly for the details of this attendance but they failed to send me anything, other than emails telling me that they did attend and we owed £215. I replied to their last email which threatened action this weekend telling them as they had failed to comply with my request for information of the attendance I would be contacting their complaints department. They have not been in touch since but that has worried me more that they will turn up tomorrow again and add another £215 to the bill!

I think you should email them what bluebottle wrote in his post where you are gonna take this to the police as you have paid your fine AND there fees as well and rather than complaining to them you would take it to the police and than take them to the court for harassment they giving you over the emails. These bailiff companies are there to make money so no matter who it is or whether its there complain department or some manager, no one is gonna take any action against the bailiffs so the best thing for you is to let them that they either stop or face the court.
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Sorry to harp on but if they do turn up tomorrow can they charge another £215?

As long as you got the confirmation that the fine is paid in full, NOPE

[Wellygirl]

Re: Disputed attendance notice

I have read through the relevant sections of the acts you mentioned but surely they would only be in breach of these if no bailiff turns up over the weekend otherwise the threats would of been made knowing that the action stated would happen, at the moment we do not know if someone will come or not?

[Wellygirl]

Re: Disputed attendance notice

Thank you I was worried that they would keep coming just to keep getting an attendance fee off us, I don't have written confirmation from philips that the original fines are paid in full but one fine was paid by a cheque that cashed from our account last Monday and the other fine was paid ten days ago by an Internet transfer directly into their account. Since the payments were made we have received no correspondence in the post off them demanding the original fines only emails demanding the attendance fee. So to clarify if they call again at the house, because the original court fines and philips fees are paid, they cannot continue to charge £215? Is that correct?

[Mrs James]

Re: Disputed attendance notice

I have read through the relevant sections of the acts you mentioned but surely they would only be in breach of these if no bailiff turns up over the weekend otherwise the threats would of been made knowing that the action stated would happen, at the moment we do not know if someone will come or not?

I think you're panicking about them turning up tomorrow, which I can fully understand cos I've been there and know what it feels like. You've paid the fine so the Distress Warrant is no longer justified and they can't use that to collect their fees. To collect the fee's outstanding they would have to take you to a Civil Court.

If they turn up tomorrow (which I really don't think they will do) don't open the door, keep windows locked and move any vehicles you own away from the property.

You really have nothing to worry about, as has been said, they cannot force entry!