baillifs Help (excel) calling friday

[WelshY]

Hi

I had a tv fine in court last year in may sum of £140 i paid that fine to the sum of £37 I stopped because of change of benerfits from jsa to esa due to my partner injury on his arm. i contacted the courts and told them of this problem in September benefits did not get sorted till end December.

6th January debt was sent to bailiffs as we had missed payments before and plus the long period from September to December. we had not known the debt was passed to bailiffs til 15th march when 2 enforcement officer knocked the door and ask some of £337. 37 outstanding 85 For letter 1 in January 6th ((NEVER RECEIVED)) £215 for hand delivery of letter.

I email them stating that i was not aware of the debt being passed to them till 2 enforcement officers was knocking the door and adding fees of £215 on top.
i received a letter stating they had sent a letter out on 6th January and they will continue to enforce unless instructed to do so by by there creditor (HMCS)

and as we are no longer dealing with your case in the office it is imperative that i urgent contact Mr jones on mobile number **** to discuss this matter.

Followed by a letter stating removal of goods on 16/3/2012 min fee added £120

[labman]

Re: baillifs Help (excel) calling friday

Did you receive a 'Further Steps notice' before the fine was passed to the bailiffs?

Did you start paying again as soon as the benefits were sorted out?

[WelshY]

Re: baillifs Help (excel) calling friday

Did you receive a 'Further Steps notice' before the fine was passed to the bailiffs? no

Did you start paying again as soon as the benefits were sorted out? no due to stress over xmas having no money it slipped my mind

....

[labman]

Re: baillifs Help (excel) calling friday

I think the first thing you should do is phone the Court Manager (not an underling) and explain the circumstances - ask for the enforcement agents to be called off (you may have to explain forgetting to start repaying).

Next you should contact the Fines Officer at the court and state that it is not that you won't pay the fine, it is that you can't pay it. Ask for a Means Enquiry Hearing.

Meanwhile exercise your right with the bailiff to ask to see the Distress Warrant. This is your statutory right. He does not have to have it on him, but must tell you where and when you can see it.

He must also show you proof of his identity. Make a note of his name and the court in which he was certificated. Check the online website Certificated Bailiff Register Justice UK If his name doesn't appear there, phone the MoJ on 020 3334 6355 to double check. It is a criminal offence for a bailiff to attempt to collect on an expired or incorrect certification.

They are allowed, if you cannot persuade the court to waive them, to charge a one off £85 Admin fee and a one off £215 Attendance Fee.

There are other nefarious charges which are unprescribed which could be added, so try not to let them levy on anything (especially any vehicles).

[mohmmad786]

Re: baillifs Help (excel) calling friday

Hi WelshY and sorry to hear about ur problem. Now would you mind if i ask what benefits you are receiving and are you currently working or unemployed? The reason i am asking this is if you are unemployed than you fall in the category of "potentially vulnerable" and the court should take the debt back but i am sure labman and other senior members can advice you more on that.

[labman]

Re: baillifs Help (excel) calling friday

Mohmmad, we are all the same here, so your view is worth just as much as ours. Please keep contributing,it's useful! alling into potentially vulnerable does not necessarily mean the court should take the debt back though. This is what is said in The National Standards for Enforcement Agents.

The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

[mohmmad786]

Re: baillifs Help (excel) calling friday

Sorry i didnt mean that court take the debt back but i was meaning that the debt is sent back to court and welshy dont have to pay bailiffs fee or even if he does it would be minimum.