Speeding fine- swift baliffs

[Lewis1]

Can someone please give me some advise, I had a letter put through the door from Swift bailiffs on the 22nd February relating to an unpaid speeding fine. It said that I has 48 hours to pay the amount owed (£710) or the bailiff would return with a van to collect my goods. I was at work, so my husband called the number straight away but the baliff wouldn't speak to him.

He did call 2 days later at 6.50 in the morning. I answered the door to him and explained that I am on minimum wage and that my husband is out of work and we just do not have £710, but could we sort out a payment arrangment. He replied no it had to be paid in full or he would seize goods. I asked him if he could give us some time as my husband had been offered a job but we were waiting on a start date. He finally agreed to give us a month to pay in full.

On the 13th of march another letter was put through the door threatening removal of goods if the full amount wasn't paid within 24hours. My husband rang again and the bailiff said he had not agreed a month with us. After much negotiating he admitted he had made a mistake and that we did have until the 24th march to pay.

My husband still doesn't have a start date for work, so we have been unable to pay the amount so we visited the citizens advise bureau last week. They advised to contact the court that issued the fine and explain my circumstances to them and ask them to suspend any action while I applied to pay in installments. So I rang the court bit they told me that it is out of their hands, they cannot make a payment arrangement with me and I have to deal directly with the bailiff.

I rang the bailiff again to beg if I could make a payment arrangement to which he replied no and that he will be calling today to collect goods.

I am at my wits end and don't know what to do- please can someone advise

[charitynjw]

Re: Speeding fine- swift baliffs

Hi Lewis1 & welcome to LB.

I'm sure our resident 'bailiff' experts will be along soon to answer you in detail.

Meantime,
Bailiffs tell lies (This quote unashamedly appropriated from one of our regular contributors - known to us as CleverClogs)
Lock all your windows & doors, & do not let him in, whatever he says. He requires 'peaceable entry'
Move any vehicles to a safe haven.
If you can, record him if he does turn up.
Do not sign anything.
Ask to see ID, and note all the details. (Name, certification number, which court authorised his certificate).

& Amy's bailiff guide is here
http://www.legalbeagles.info/forums/...ad.php?t=14113

ps - a YouTube link on how to deal with them http://www.youtube.com/watch?v=sBRbXOoYpFM

[labman]

Re: Speeding fine- swift baliffs

Indeed, as Charity has said, bailiffs lie. Next time he visits ask;

1. to see his certification. Make a note of his name, the court in which he was ceritified and obviously the company he is working for.

2. ask to see to the distress warrant. He does not have to have this on him, but he does have to tell you where and when you can see it.

3. ask for a sensible, affordable repayment plan so you can pay, otherwise you are going to ask the court fines officer for a Means Enquiry hearing.

He will produce 1 with no problem. at 2 he is likely to make an excuse as to why you cannot see it. Insist that it is your legal right and ask him if he is refusing you this right. 3 is probably the way to go in any case.

This is the point at which I apologise, but I am unsure. You are entitled to a means enquiry hearing. This is a simple, informal hearing with a District Judge where they go through your income and expenditure to determine an affordable level of repayment. If on benefits, this is normally either £5 or £7.50 per week.

You can try writing to the court's Fines Officer (copy to the Court Manager) requesting a Means Enquiry hearing as you are having difficulties agreeing affordable repayment with the bailiffs, but (and it is VERY important to include this) do want to pay the fine as quickly as possible. You may be given one.

At worse the bailiff will have to pass it back saying you cannot afford to pay and then a warrant is issued to take you back before the court for the means enquiry.

You should have had this optioin at the original hearing in court.

Either way, the bailiff can do little. Do not let him in - move any vehicle a few streets away to stop any levy on that and keep your door locked and downstairs window shut. One way or another, you will end up back at court for the means hearing where a sensible repayment schedule will be agreed, so please do not worry.

Do ask the bailiff those questions though and post back up when you have done so. Remember to make a note (or preferably record) anything said.

Sincere apologies for not knowing the answer to the Means Enquiry bit in full - I wish I could point you to a form and say fill this in and send it off, but I can't, so write a letter requesting one - it will happen, it's a case of when not if.

[Lewis1]

Re: Speeding fine- swift baliffs

Thanks so much for your replies, it has set my mind at ease a little at least. If he doesn't show up today, should I contact the court with an offer of instalments? Or write to the bailiffs with an offer. I'm desperate to try to sort something out ASAP so that I can sleep at night.

[labman]

Re: Speeding fine- swift baliffs

By all means write to the bailiffs with an offer of installments, they may well say you have to deal with the one allocated your cases. Also, be prepared (it's the way they work unfortunately) for them to say they need far more. Do not let this worry you, that's why I'm telling you now. The court would only say deal with the bailiffs. I've sent e-mails to people who may be able to help me over the means enquiry issue. one other thing I want to check which may help. Bear with me for an hour or so.

Do you know the name of your allocated bailiff?

[ploddertom]

Re: Speeding fine- swift baliffs

Going back to the beginning of all this.

1 - did you know about the original fine
2 - what did the Court order you to pay & did you ask to pay so much every week
3 - have you moved since the fine was awarded
4 - have you received any notification from the Court asking you to bring your account up to date

[labman]

Re: Speeding fine- swift baliffs

Right, we have an answer, and it's basically what I said unfortunately.

You can go to the court and ask for a hearing, but you may well be refused. If you can back it up with a letter from your GP or whatever, it is far more likely to be successful.

Failing that, pay what you can, put up with their threats and do your best - I know how hard it is, I've been there and worse!!!!! Eventually you'll be asked to attend a hearing.

Keep writing and keep asking though - it shows you're not only willing, but anxious to pay the fine and get it sorted. That is important, as emphasised previously.

Hope this helps!