Notice Of Distress For Non Payment Of Tv License Fine

[johnnywomble9]

Hi everyone im new to this site.
i am in desperate need of advice and need to know my rights.
i woke this morning to some loud knocking at approx 8.00am. on opening the door it was a bailiff asking for my girlfriend. i said i would get her to call as she wasnt in. he then said he was a court enforcement officer and he needed to speak to her immediately as he needed payment of fines and he couldnt leave til it was paid. if it wasnt paid locksmiths and auctioneers were already on their way and would be here in 20 mins to half hour to remove goods so he needed to speak to her. after hearing this i went upstairs and woke her as what the guy had said had worried me. when she came down he explained the same to her and also said if we refused entry the police would be called and so would be arrested and taken to the police station where she could be held for upto 28 days until she attended court. at this point she went histerical,being that we have two young kids one being only 4 week old. we explained that we had no way of paying in full and offered to set up payment plan but he said that couldnt be done. "pay now or goods will be removed" he repeated. i said i would go and make phonecalls and asked him to wait outside to which he said he would rather wait inside til the van,locksmith,police and auctioneers arrived. he stepped inside and i went and made phonecalls. while my girlfriend was cryin her eyes out. i phoned a friend for advice and he said i should ask the guy to leave til the other people arrived. i went down and said we needed some privacy and could he wait outside to which he said no problem. after 40 mins noone had arrived and we had had no luck getting the money. five minutes after he knocked back on and said the locksmiths and auctioneers had been delayed and wouldnt be able to attend for "at least half a day". he said he had phoned his boss to "ask for more time for us" as he understood we had children and understood our situation and he said he "needs to sleep at night as he has children and wouldnt want to be in our situation". he said he could give us til friday(although at the beginning he said payment HAD to be made in full today) to find the money. he then filled in a piece of paper outside and handed it to me saying "i have to give you this buy law". and said see you friday and off he went.i went inside and looked at the paper, it was a notice of distress which he had filled in. he had written in the inventory list "1.)tv 2.)2 piece suite 3.)fish tank plus contents 4.)games console.
what do we do now?
what are her rights? the notice of distress was handed to ME at the door (is it still legal as its in my girlfriends name who was out of the room at the time?) which he filled in outside after having a look around when i let him in at first(although he never explained anything our spoke while he was in the house).
can i speak to anyone like the courts to arrange a repayment plan? i rang marsdons and they said they dont give advice as it was just a payment line and i had to speak to the bailiff.
help please. we dont have a lot of property in pur house and it wouldnt cover the fine plus most of the stuff belongs to me. there is no way we can find all the money so quickly. also he said he would give us til friday to pay the fine but on the notice of distress it said we had 6 days.
i really appreciate everyone reading this and would love any advice asap.

many thanks

[Amy]

Re: Notice Of Distress For Non Payment Of Tv License Fine

Did you have any prior knowledge of this fine?

he needed to speak to her immediately as he needed payment of fines and he couldnt leave til it was paid. if it wasnt paid locksmiths and auctioneers were already on their way and would be here in 20 mins to half hour to remove goods so he needed to speak to her.

Lie #1 - they must at least try to gain payment or a repayment plan without the need to involve the police. That said, non payment of a TV licence is a magistrate court fine and you must be aware that, although rare, they do have the power to break in.

he knocked back on and said the locksmiths and auctioneers had been delayed and wouldnt be able to attend for "at least half a day".

Lie #2 - bit of a difference here from the initial "20 minutes"

he said he had phoned his boss to "ask for more time for us" as he understood we had children and understood our situation and he said he "needs to sleep at night as he has children and wouldnt want to be in our situation".

Lie #3. He wants you to pay him and he doesn't care where you get it from.

he then filled in a piece of paper outside and handed it to me saying "i have to give you this buy law". and said see you friday and off he went.i went inside and looked at the paper, it was a notice of distress which he had filled in. he had written in the inventory list "1.)tv 2.)2 piece suite 3.)fish tank plus contents 4.)games console.

Did he view these items? Did he walk around your house? If not, he has viewed these items through the window and this expressly not allowed.

can i speak to anyone like the courts to arrange a repayment plan?

Yes you can and you should do this straight away as long as you had prior knowledge of this fine.

[Sapphire]

Re: Notice Of Distress For Non Payment Of Tv License Fine

Hiya

Have a good read of this guide Legal Beagles and I will flag this up for one of our bailiff specialists to have a look at. In the meantime if they come again DO NOT LET THEM IN UNDER ANY CIRCUMSTANCES.

edit

Amy has got to you, thats good.

[johnnywomble9]

Re: Notice Of Distress For Non Payment Of Tv License Fine

SHHEEESH.
------------------------------- merged -------------------------------
sheesh didnt expect a reply so quick. the only letter we recieved was from mardens group about 4 weeks ago which we read and said "we need to ring them" then my g/f had our baby daughter and it got forgot until today. trying to find that letter now but it looked serious from what i can remember. he did view the items from inside the front door but he didnt look round the house. he left when i asked him too. think he realised i was onto his stories and thats when he changed his attitude and said he was helpin me out by giving me til friday. as the letter states we have 6 days what do i do if he comes on friday? does the notice of distress still stand as it was given to me without my g/f's knowledge?
what do i ask the courts when i ring. what is a means of enquiry hearing? what are the chances now of it going back to the courts to arrange repayment? what will happen in 6 days? do i need to get a statutory declaration to prove whats mine? both myself and my girlfriend are unemployed at the moment and have to young children 18 months and 4 weeks old. we have been so upset by todays events.
really appreciate your quick responses and help
------------------------------- merged -------------------------------
also on putting the guys surname in to the certificated bailiff search his name didnt appear. what does this mean
thanks again

[Amy]

Re: Notice Of Distress For Non Payment Of Tv License Fine

A means enquiry hearing is where you communicate with the court and request a payment plan. If you speak with them I am sure they will help you, but if not then post back here and we will help you.

Don't jump the gun and try not to panic (although I appreciate this is difficult). Telephone the court in the morning and we can take it from there.

Did you not receive any letters or court papers prior to the one you mention above from Marston?

[johnnywomble9]

Re: Notice Of Distress For Non Payment Of Tv License Fine

no. i think the fine is from a previous address and letters have possibly been going there after we moved which we didnt know about. they have since found us here and sent the letter i mentioned about 4 weeks ago. it was like a final letter we recieved not like one you get a first just reminding you to pay. there must have been previous letters we are unaware of. but the guy wouldnt tell us when the fine was originally from. all he mentioned was something about july this year. but we were in the house we are in now then and didnt recieve any letters at all.
if the guy returns on friday what do i tell him and what are my rights as the letter states i have 6 days

[Amy]

Re: Notice Of Distress For Non Payment Of Tv License Fine

Have you paid your TV licence?

If not, your best bet is to telephone the court and arrange a means hearing.

[johnnywomble9]

Re: Notice Of Distress For Non Payment Of Tv License Fine

currently the licence at this address is being paid and in my name. the fine is not for what my girlfriend owes for the tv licence but a fine for not having one at a previous address. please could you just tell me if the guy returns on friday what do i tell him and what are my rights as the letter states i have 6 days. i will phone the courts first thing and repost tomorrow. really appreciate your help

[Amy]

Re: Notice Of Distress For Non Payment Of Tv License Fine

I cannot advise you as to what will happen on Friday until you have spoken to the court and requested a means hearing. Once you've done that we can go further.

Also when you do speak to the court, inform them that you have not received any correspondence other than one letter, concerning this fine.

[johnnywomble9]

Re: Notice Of Distress For Non Payment Of Tv License Fine

sorry i appreciate your patience. what i was trying to find out about friday was he said he come back but he served me with a notice saying i had 6 days. will repost tomorrow. off to bed now after a very stressful day. thanks for all your help

[Amy]

Re: Notice Of Distress For Non Payment Of Tv License Fine

The bailiff also told you this morning that the police and a locksmith would be at your property in 20 minutes - he's a bailiff and they say more then their prayers.

[johnnywomble9]

Re: Notice Of Distress For Non Payment Of Tv License Fine

hi. my g/f phoned the courts this morning and was informed that the fine was from 2007. my g/f has told me she remembers being visited by a tv licensing officer and after that recieved a letter about the fine but recieved nothing since that first communication except for the letter 4 weeks ago. like i say since we have moved it may be possible letters went to our previous address which we were unaware of. anyway she was told she couldnt have a means enquiry because it was so long since the fine was issued. they said that if the bailiff came to remove property and there wasnt enough to the value of the fine they would return it to court. but i really dont want to take that risk of them taking our stuff especially when alot of it is mine. all i want to do is arrange repayment why is it so difficult :-( . is there anyway of proving what is mine, i read something about a statutory declaration. also is the bailiff lying when he says he can only accept payment in full. thanks for your help and time

[Amy]

Re: Notice Of Distress For Non Payment Of Tv License Fine

You are correct, you need to swear a Statutory Declaration.

The court staff are also correct when they told you you are not entitled to a Means Enquiry hearing to arrange to pay in installments because the fine is so old. This is because when a magistrates fine is issued you are sent (or should be) notice of the fine and then if payments are missed the bailiff will get the job of recovering the money and generally speaking the bailiff will not negotiate installments.

However, you were not aware of any fine and so the procedures mentioned above were not followed and did not take place. Therefore, you were not previously given the opportunity to pay in installments and this why you must swear a Statutory Declaration.

You will have to swear on oath that this is true and this can be done at most solicitors and will usually cost £5 or at your local court for free.

[johnnywomble9]

Re: Notice Of Distress For Non Payment Of Tv License Fine

i have been to cab today and they spoke to the bailiff on my behalf and he said he will not return this to court. i have been to the solicitors to get a statutory declaration signed to say what items in the house are mine and cant be touched. if he turns up tomorrow and there is nothing of value in the house to take and also we tell him we cant find the money up front, will this get returned to court? if not what will happen. thanks for your replys

[Amy]

Re: Notice Of Distress For Non Payment Of Tv License Fine

This is good, but you need to do as I posted in order to force the courts to accept your payments in installments.