Fine from the courts

[janet2206]

My husband has been fined by the courts for driving without road tax, apparently we taxed our car paying by cheque and i used the wrong cheque book and the account had been closed, we had two bank accounts with the halifax bank, we did not know anything about this until we got a knock on the door from a bailiff,this was in november, we were advised to do a stat dec at the courts, but in the meantime my husbands father died, and we never got round to doing it, we have been advised by my husbands job to pay the fine but we just havent got the £ in full to pay. The bailiff wants the £ today. I am very worried and dont know what to do, I have some savings in an account that will cover the debt but i havent got instant access to it. Any help or advice pls

[pepsie]

Re: Fine from the courts

You can still do the stat dec, reasons for being late were due to bereavement and this will be taken into consideration. Go to the court and file the stat dec then ask for a payment plan..if you are on a low income take with you an Income and Expenditure form to show the amount being offered is affordable and sustainable.

If of course you can afford to pay the origional fine (minus the bailiff fees) at that stage then that will be the end of the matter.

Pepsie

[janet2206]

Re: Fine from the courts

I have just made an appt for my husband to attend the court on tuesday at 3pm, anybody any advice what i should do about paying the bailiff today, he wants his £

[pepsie]

Re: Fine from the courts

Do not answer the door to him, speak from an upstairs window if you feel a need to talk with him and tell him you have an appointment with the Court 3pm Tuesday 10th Jan to resolve the matter...be polite but firm and bid him good day then close the window. Should he continue to cause a nuisance and make threats please try to film him even if that is by way of your mobile phone, continue to ignore him and he will eventually go away.

Pepsie

[ploddertom]

Re: Fine from the courts

Make sure there is no car outside as he may choose to try and clamp it. Park at least a good 10 minute walk away. My words to speak to him would consist of just 2 being an old Anglo-Saxon saying.

[janet2206]

Re: Fine from the courts

He has told me that he can break into my property because of the type of fine that it is, can he still do that if i have the appt at the courts

[ploddertom]

Re: Fine from the courts

As it is a magistrates fine he does have that right however he will still need an order from the Court allowing him to do so. Ask him if he has this, which Court issued it, the date & time it was issued & the name of the person who signed it as you will need to check it is correct. He is trying to cerce you as he can see his money disappearing off into the distance.

[pepsie]

Re: Fine from the courts

I think you will find forced entry is seldom used, there is information to suggest it has to be a last resort for a Court to grant permission and since you are acting to resolve this matter the Court will not authorise such action without a hearing.... at which you can then tell all!!!

Pepsie

[janet2206]

Re: Fine from the courts

how would i know if he has permission to enter my home or not, he has left a nasty message on my husbands phone saying he is coming back on monday with the police can he do this? All he has given me is a final notice, how much of the fine will be the bailiffs £

[Monzter]

Re: Fine from the courts

This isn't really something I know a lot about but one thing I will say is keep that message from the bailiff, you may need it at some point to maybe prove that the bailiff has acted improperly.

I'm sure the better versed will be along to help you further soon.

[ploddertom]

Re: Fine from the courts

how would i know if he has permission to enter my home or not, he has left a nasty message on my husbands phone saying he is coming back on monday with the police can he do this? All he has given me is a final notice, how much of the fine will be the bailiffs £

The Police may only attend if there is a perceived threat of a Breach of the Peace, for him to take this action prior to his visit you must have previously refused him entry with a threat of violence. If that were to be the case then the question has to be why hasn't he reported the matter and either yourself or OH should be having a short holiday whilst enquiries are made. All bluff & bluster and timed to intimidate in my view. Of course to gain time you could always tell him you will have the money in full by next Thursday - by which time you will know the outcome of Tuesday.