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Bailiffs - Phillips 7 days notice Dsitress Warrant

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  • Bailiffs - Phillips 7 days notice Dsitress Warrant

    Hi All,

    I wonder if someone can help me. My son who is 19 has got himself into a bit of trouble and I would like some advice on how to sort this out.

    Last year, he traveled on London Transport without a valid Oyster Card ( I know, silly boy and I was fuming!) he was stopped by the guiys that check your tickets and was told to wait for th paperwork to come through as they may take him to court.

    Anway, the letters started to arive and he was told to attend the magistrates court or pay the fine. I told him to contact the court to find out what he could do. He has not long finised studying and had just missed out on a Uni place, so he is not signing on or working so has no income.

    Now, he spoke to the courts and agreed to make payments of £20 a month even though he has no income. ( If only he had come to me first) of course he was scared and tell me that he had agreed to this and of course other letters started to arrive as he had defaulted.

    Last Thursday 5th April he received a letter from Philips Bailiffs stating that he has 7 days to make full payment or they will come and remove goods etc.. ( they do not scare me) But of course my son was scared. Of course I am aware ( correct me if I'm wrong) that they cannot take anything from my home as nothing is in my sons name.

    I rang the bailiffs and told them that they cannot come to my home as I have not invited them, but they said that the courts are on theri side. Fine. So I sent them an email from my sons account stating that he cannot make a payment to them in the next 7 days and that he has no income at all.

    Today, my son received a text message to call them urgently. We did so using 141 from my landline, but there was no answer. Also its a different number to the letter they sent us.

    Now, my main question is, we do have a payment card for this fine which goes directly to the courts, if we were to start making payment using this card, would the debt be pased back to the courts?

    Sorry for such a long winded message.

    Thanks in advance.

    Tya
    Tags: None

  • #2
    Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

    Hi Tya,

    If you haven't already done so, please have a look at http://www.legalbeagles.info/forums/...ad.php?t=34065 & the other relevant information threads in the bailiff section. (the top 'stickys, top of http://www.legalbeagles.info/forums/...splay.php?f=76 )

    I'm sure one of our bailiff experts will be along soon to give more specific advice. (I'll try & give a nudge)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

      Hi Charitynjw,

      I had a look through the forums first just to see if anyone else had a similar situation to my sons. But thanks all the same, do appreciate it.

      I look forward to hearing what the bailiff experts have to say about this.

      Once again, thank you very much.

      Tya

      Comment


      • #4
        Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

        The system for Magistrates' Courts is very clearly set out as per the link in Charity's thread.

        If your son cannot afford that, then he should try to get a Means Enquiry Hearing, again as per the link above. If your son has any medical condition whereby he could get a note from a medic, it would increase his chances of getting a hearing, otherwise he just needs to keep on being a thorn in the court's side in order to get one.

        You have the right attitude to the bailiffs, but i'm sure you realise a Magistrates' Court fine must be taken seriously and treated as a priority debt, as the potential consequences are serious.

        Have a really good read of the Magistrates' Court sticky linked above - it covers most things,I think.

        Comment


        • #5
          Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

          Have a read of this http://thejusticegap.com/2012/03/bailiffs-at-the-door/ sent to me earlier today, also this one Practice and Reform of Bailiff Law | Analysis

          Comment


          • #6
            Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

            Hi Labman,

            And thank you very much for your sound advice. Yes I am very much aware that a magistrates court fine should be taken seriously, and believe me we are.

            I just wanted to find out where my son stood as I believe we are classed as a vunerable family. I am a lone parent on a very low wage and my son with no income.

            I have taken on board your advice about returning to the court for a means tested hearing.

            But the other question I wanted answered was, we have a payment card forthis fine. If we were to make payments on it, would it make a difference? Would the bailiffs back off as we would be paying directly to the courts?

            I only want to pay the courts as I think bailiffs are scum...

            Its a hard lesson for my son I know, but I hope it will make him think twice before ever doing something like that again.

            Thanks Ploddertom for you information aswell, very helpful.

            Tya

            Comment


            • #7
              Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

              Originally posted by Tya View Post
              Hi Labman,

              And thank you very much for your sound advice. Yes I am very much aware that a magistrates court fine should be taken seriously, and believe me we are.

              I just wanted to find out where my son stood as I believe we are classed as a vunerable family. I am a lone parent on a very low wage and my son with no income.

              I have taken on board your advice about returning to the court for a means tested hearing.

              But the other question I wanted answered was, we have a payment card forthis fine. If we were to make payments on it, would it make a difference? Would the bailiffs back off as we would be paying directly to the courts?

              I only want to pay the courts as I think bailiffs are scum...

              Its a hard lesson for my son I know, but I hope it will make him think twice before ever doing something like that again.

              Thanks Ploddertom for you information aswell, very helpful.

              Tya

              Hi,

              Others will know more, but in my case with Philips I paid the court in full, but the court sent the sent the payment back to me as they'd passed the case over to Philips.

              I know thats probably not what you want to hear and I'm not saying that will happen in your case. Just want you to be aware that it could happen.

              Comment


              • #8
                Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

                Originally posted by Mrs James View Post
                Hi,

                Others will know more, but in my case with Philips I paid the court in full, but the court sent the sent the payment back to me as they'd passed the case over to Philips.

                I know thats probably not what you want to hear and I'm not saying that will happen in your case. Just want you to be aware that it could happen.

                Hi Mrs James,

                Thanks for letting me know this, as this was such an important question of mine.

                As we all know too well what its like when dealing with DCA's and the OC's, we would rather pay the OC.

                But I guess in this case it is totally different. Thank you so much for answering my question.

                Tya

                Comment


                • #9
                  Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

                  Originally posted by Tya View Post
                  Hi Mrs James,

                  Thanks for letting me know this, as this was such an important question of mine.

                  As we all know too well what its like when dealing with DCA's and the OC's, we would rather pay the OC.

                  But I guess in this case it is totally different. Thank you so much for answering my question.

                  Tya
                  I would still make a payment on the card, at a level that your son can realistically can afford. This will show that you are trying to clear the fine and are a 'can't pay' not 'won't pay'

                  Also, write to Philips requesting a breakdown of their charges, as they will most probably have added nefarious fees. Once you have this, post back and we can help you work out what you legally owe.

                  Comment


                  • #10
                    Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

                    Originally posted by Mrs James View Post
                    I would still make a payment on the card, at a level that your son can realistically can afford. This will show that you are trying to clear the fine and are a 'can't pay' not 'won't pay'

                    Also, write to Philips requesting a breakdown of their charges, as they will most probably have added nefarious fees. Once you have this, post back and we can help you work out what you legally owe.

                    Ok thanks for that. Should I still make sure I go along with my son to the courts for a means tested hearing?

                    Comment


                    • #11
                      Re: Bailiffs - Phillips 7 days notice Dsitress Warrant

                      Yes as this would cast repayments in stone. It may well be you are refused and have to keep going back and back - be persistent.

                      Here's their fees:

                      Schedule of Fees, Charges & Expenses: Philips Collection Services - Revenue Recovery and Enforcement Services

                      Comment

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