distress warrant

[lil-mamma]

hya, i hoe someone can help me, i received a letter stating a distress warrant has been issued for a unpaid court cost which was for litter dropping through my local council, i am in serious debt with other companies, i did contact the court by letter twice stating my financial details and explaining that i am having serious problems paying them, i also will have one for tv licence soon as well, the question is can they go into my 14 yr old sons bedroom and remove his items, and what exactly can they take when they do enter my property, as the tv is a friend of mine which she let me borrow until i can afford to buy one myself, apart from tv, dvd player, cd player i don't have much a bailiff can take, please, please, please help, i am soooo desperate.

THANKYOU.

[Caspar]

Re: distress warrant

OK, a distress warrant relates to an unpaid Magistrates Court fine. There is provision for them to be able to break into your house, but this is very rarely used.

In terms of your son's bedroom, if you are thinking of putting everything in there, don't! They cannot take anything that obviously belongs to a child, but once in they have the right to force locks etc... to look in cupboards and so forth.

If there is furniture or equipment in the house which does not belong to you, you need to get a sworn affidavit. This can be done at any high street solicitors for around £10ish. If they then force entry, you have proof the goodsdo not belong to you.

I am a bit concerned by the fact that you make no mention of anyone responsing to your sending of letters stating your financial situation. Did they respond at all? If so, what was said?

[lil-mamma]

Re: distress warrant

thank you for your reply,

firstly, they did contact me but not mentioned anything about my circumstances all they said was i was in so much arrears, and thankyou for my letter, but nothing at all about trying to give me advice on how to help me with my payments, which i was asking them for, as there was a big problem about weekly payments and fortnightly payments, which again they didn't try to resolve they just sent me out a payment card.

as for the tv that belongs to my friend, the other items i mentioned do belong to me, could i get a note from her stating the tv belongs to her, or a number to the bailiff for them to contact, as i don't have 10 pennies to rub together at the moment.

i wasn't thinking of putting anything into my son's room, i was just wondering if they were allowed to enter and remove his items, he's only 14 and most of the stuff he has paid himself but no longer has receipts.

[SpringerSpaniel]

Re: distress warrant

Maybe the things which belong to other people should go back to them for a few days whilst you get this sorted out ?

[CleverClogs]

Re: distress warrant

Do you have a licence for the TV?

If you do not, it would be as well to uninstall and detune it, so that it cannot be used to receive broadcast signals; one does not need a licence merely to possess a television receiver, but one does need a licence to receive television signals.

If the set is only used to view DVDs and other prerecorded media, and the set has not been installed to receive broadcast signals, no licence is needed.

[lil-mamma]

Re: distress warrant

thanks for your replies, but can they go into my 14 yr old sons bedroom and remove his stuff, the rest of it i can sort out, its just that bit im worried about.

THANKS x x

[lil-mamma]

Re: distress warrant

hy

anybody ever heard of EXCEL bailiffs, there in colwyn bay, what are they like,

any advice wud b helpful.

thanks guys x

[CleverClogs]

Re: distress warrant

anybody ever heard of EXCEL bailiffs,

No, but one would be inclined to doubt that they live up to their name.

there in colwyn bay,

Oh good. Let us hope they stay there while the tide comes in.

what are they like,

If they are bailiffs, then they will be disingenuous bastar... buggers who could not tell the truth even if their "lives" depended upon it and who are so niggardly.that they'd not fart freely if they thought they could sell it.

[Caspar]

Re: distress warrant

I have no personal knowledge of them, though I know Colwyn Bay very well. I've just put them into Google and the stories coming from there would suggest that they are about the same as most other bailiffs.

[lil-mamma]

Re: distress warrant

hi,

just had a letter from excel and they agreed to a weekly payment which was agreed by both of us,

very surprised by this action but happy at the same time.

i phoned them to confirm the letter, and i have to honestly say they were great, they spoke until we both agreed to the installments and made sure that i was happy with the arrangements.

they were really helpful and understanding with my situation.

[Caspar]

Re: distress warrant

That is really good news, I'm pleased for you. Although they seem to be being very professional with you which is great, I'm afraid I have a great mistrust of all bailiffs, so avoid the normal pitfalls of payment arrangements - if paying by cheque, make sure funds will be cleared by the payment date, never, ever miss a payment or pay even 1 day late. These are the sorts of things that I've often seen bailiffs cancel a repayment plan for and then demand the full amount.

I really hope for your sake that they continue as they have been so far.

ps Also keep an eye on any charges and make sure all are legitimate.