Bailiffs and no knowledge of debt/court hearing

[Nic]

Re: Bailiffs and no knowledge of debt/court hearing

Bb this reminds me of my mils situation so maybe it's something that there doing I.e not giving any notice if any apparent court proceedings after tv licensing visit and tell you everything is ok with no mention if anything until all of a sudden mars tons show up

[Tanyamel]

Re: Bailiffs and no knowledge of debt/court hearing

Hi

To make it clear I was not fined before I moved. I simply had an arrangement made at the door with myself and TV man who set up a plan to take monthly installments Direct Debit. Because we moved we paid up the licence in full the remainder and had our details transferred to new address. That licence was valid until May 2012.

I had no first steps. What I am trying to say is that when I moved house we payed the licence up in full and transferred all our details to our new address instead of carrying out monthly payments so I do not owe the TV company money. Its paid.

So I have no idea what is happening to be honest. The court dealing with is Reading/Newbury Magistrates court. Who have suddenly via phone asked me to make a Statutory Declaration at my local court which is Yeovil. Which they by letter said I was not allowed to do because I defaulted on payments. Again wrong because it was paid up.

I have seen no paper work from the court, warrant etc. All I got from them was a no regarding my request for a Statutory Declaration after I contacted them after the Marston letter, as I did not know a case took me to court. If I had known I could have waved the TV licence in their face. The payment plan set up was set up in April 2011 at the door by TV man. In May 2011 a month later we moved to Somerset.

Because we moved I received no paperwork or any idea that we had a court case. I was never fined to my knowledge there are no more facts. This is it. I am holding nothing back in respect to an answer here.

If the TV company and done their investigation into me properly they would have known

1. I don`t live at said address and found me quicker. It took nearly a year.

2. They would have noted I changed address as its clearly printed on the licence by themselves! I have the paperwork. I sent copies of this paperwork to the court and to the TV company.

3. If I had not responded to a court letter because I do not live there, should they not have looked this up?

I am not a bill dodger if I owe something I will pay. If I have to pay this I will to keep my name clear. Even though I do dispute it because as far as I am concerned the bill was settled. I received no letters from the court, no one would communicate with me and I have had the added stress of Marston threats. I in my own brain know I have done nothing wrong and no one is listening to anything I have to say because as far as everyones concerned "its out of their hands" its gone too far to do anything about. A situation that should never have happened. I have been passed from the TV company to Marston to the court and back to Marston. Its pass the buck.

As I said because I was refused a SD, I took it I had to pay, and that was it as far as all were concerned. Friday I had a message on my machine telling me I could apply for a SD at my local court. A new event for me after being refused.

[pepsie]

Re: Bailiffs and no knowledge of debt/court hearing

As I said in post #28 ..there is not and never was a debt that a payment plan was entered into.......the TV Licencing muppets have goofed and the back room to the Court have goofed... realisation to having goofed results in the need to stick a plaster over the wound....please go ahead with the Stat Dec and then a serious complaint to the goofers??

Pepsie

[hantsman]

Re: Bailiffs and no knowledge of debt/court hearing

Whats happened I think is that the OP set up a payment plan on the door step with TVL/Capita rather than get prosecuted, because she failed to keep to the plan they took her to court and she was fined in her absence.

TVL only have 6 months to prosecute otherwise the "case is timed out"

The fact she has paid up then moved has been missed by TVL and Mags Court, Bailiff won't be bothered until they are called off by the court.

[bluebottle]

Re: Bailiffs and no knowledge of debt/court hearing

From what I can see, there is a cause of action against Capita PLC for -

1. Failing to exercise reasonable care and skill in the provision of a service;
2. Malicious Prosecution; and
3. Harassment.

The OP needs to consult a solicitor with regard to pursuing an action against Capita should they wish to do so. As far as HMCTS is concerned, this would, in all probability, be better resolved, informally, by the matter being pursued directly with the HMCTS Regional Manager for the area in which the OP resides.

The matter of Capita's incompetence and what followed needs to be pursued, also, with the relevant Secretary and Minister of State and with the assistance of the OP's MP.

[Tanyamel]

Re: Bailiffs and no knowledge of debt/court hearing

I did not fail to keep up payments with anything.

[bluebottle]

Re: Bailiffs and no knowledge of debt/court hearing

I did not fail to keep up payments with anything.

Tanyamel,

You're totally blameless of any wrongdoing. The reason the court asked you to swear an SD is because it was realised someone, probably Capita PLC, had seriously messed-up. I would be inclined to get a solicitor to write to Capita PLC seeking damages for incompetence, harassment and trespass. Get as much information as you can from HMCTS. It sounds to me as if they're Piggy in the Middle in this matter.