Advice on bailiffs

[ben1234]

Hi, long story but will try and keep it to a minimum. Recently separated from wife and moved out, had a few bailiff letters turn up at her address demanding £500 for unpaid parking tickets, she rung the bailiff to explain that I no longer live there and she would let me know he called, there is no way I can pay this bill, she rung him jus to say I had no money and didnt live at the address anymore, he text her saying he has been instructed to list goods and will have to call the police and he will keep her updated. He also said he would take my car if they found it, I've put the car in to a family members name now. What happens next? Can he come to my old property?

[labman]

Re: Advice on bailiffs

Are you still registered as living there. If so, your wife needs to sign a either a Statutory Declaration or Sworn Affidavit (be advised by them) at your local High Street solicitors to say you do not live there any longer.

Give a copy of this to the bailiff and he should leave her alone.

He is unlikely to call the police and should not be allowed access to the property under any circumstances.

If correspondence re your fines has been sent to an address where you no longer live, this is your perfect time to clear them. Phone 08457 045007 and ask for a Statutory Declaration, Out of Time Form. Quote as your reason that letters have been sent to the wrong address, and if accepted, the fines will be reduced to the 50% amount they were to start with and you can hopefully get them settled.

[ben1234]

Re: Advice on bailiffs

Are you still registered as living there. If so, your wife needs to sign a either a Statutory Declaration or Sworn Affidavit (be advised by them) at your local High Street solicitors to say you do not live there any longer.

Give a copy of this to the bailiff and he should leave her alone.

He is unlikely to call the police and should not be allowed access to the property under any circumstances.

If correspondence re your fines has been sent to an address where you no longer live, this is your perfect time to clear them. Phone 08457 045007 and ask for a Statutory Declaration, Out of Time Form. Quote as your reason that letters have been sent to the wrong address, and if accepted, the fines will be reduced to the 50% amount they were to start with and you can hopefully get them settled.

I am still registered as living there as its all been very recent, and I'm renting a room at a friends house, I sent the out of time forms off to the TEC 2 weeks ago but didn't hear anything back. Can anything happen to the car now it's not in my name or address? Thanks for your reply

[labman]

Re: Advice on bailiffs

Presumably the person to whom you sold it can produce a receipt. If so, and they state they bought it off you. It might drop you in another hole about not being able to afford the fine, unless,of course, the car was signed over in repayment of a debt.

[ben1234]

Re: Advice on bailiffs

Ok, thanks. How far will this go? Does it ever end? The fines are massive and I cannot afford to get out of it.

[labman]

Re: Advice on bailiffs

You wouldn't expect to have heard back yet. The TEC notifies the Local Authority who then have 19 days to either accept or reject the application.

If accepted, the application will be treated as ‘in time’ and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide on their next action. If rejected, the application will be referred to a Court Officer at the TEC for an impartial decision to be made.

Have you asked for a breakdown of the bailiffs fees as well:

My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.




They have a habit of inventing things. Once you get a breakdown back, post them up so we can check them.

[ben1234]

Re: Advice on bailiffs

[QUOTE=labman;252901]You wouldn't expect to have heard back yet. The TEC notifies the Local Authority who then have 19 days to either accept or reject the application.

If accepted, the application will be treated as ‘in time’ and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide on their next action. If rejected, the application will be referred to a Court Officer at the TEC for an impartial decision to be made.

What are the grounds for accepting or rejecting?

[labman]

Re: Advice on bailiffs

I don't know I'm afriad, but I guess it would depend on how convincing an argument you put forward on the form.

Sending correspondence to an address at which you are no longer living is certainly a good start. If you're able to give more details of the fine amounts, how many tickets, etc... then we can try to guesstimate the fees.

[ben1234]

Re: Advice on bailiffs

Ok thanks a lot for your kind help.