URGENT! Surprise Court Bailiffs Letter - 7 Day Visit Warning!

[noodles]

Hi all,

I am new to this site and really hope someone can give me some advice on this urgent matter.
Last Friday (8th Nov), my parents received a letter from a bailiff company stating that I have previously been fined for driving a motorcycle without a licence (I didn't realise a CBT was only for two years. I was never pulled over by the police, but I do remember being flashed by a speed camera, although I was only a couple of mph over the limit, I'm sure.)

So, this letter stated I had been fined £300, and with bailiff charges it was now £600. It then went on to say that if the FULL AMOUNT is not paid within 7 days, a bailiff officer would visit the addressed property to seize goods to the amount.

This letter came as a big surprise, as I didn't even know I'd been fined. So I phoned the company and first asked the lady on the other end about the fine. She couldn't give me any information, except for the registration of my bike, and the date the COURT passed the fine over to them (June 13th). I then asked why this letter has only now come, and she said other letters were sent to the address the court had for me (my previous address), which I left about a year ago, and also, a bailiff was sent there, which I was charged for. This was the only address that the court gave them.

So the next thing to do was organize a payment scheme, and as I am unemployed, and flat broke at the moment, I offered £5 a week, (which is a struggle for me as I have two kids). She refused this and said the lowest they could take is £40 a week. I said I honestly cant afford that! So she said I should expect a bailiff visit in a weeks time. before I hung up, I did request that she put in my notes that I offered £5 a week.

Now, firstly, the letter that was sent went to the wrong address! It went to no19 instead of 29. So lucky the gentleman knew my father. Secondly, and perhaps most importantly, I haven't lived at my parents address for 7 years.

So can they remove property from my parents address? Is there any way I can sort this mess out? I appreciate anybody with a grasp of British Court bailiff Law.

Thanks for reading,
Marc ray:

[bizzybob]

Re: URGENT! Surprise Court Bailiffs Letter - 7 Day Visit Warning!

Hello nooidles and welcome to LB

If you have genuinely heard nothing until now, you could do a Statutory Declaration to the court that this was the first you heard about it, that you had had no summons, or a Further Steps Notice before the bailiff letter.

That should put enforcement on hold if accepted. As to your parents house, the bailiff is not entitled to take a bean, or a dirty rock from the garden, or their car. The bailiff WILL fetch up there if that is the address on the warrant, so that is why you inform the court and the bailiff co (btw what bailiffs are these?) They cannot sieze their goods for your debt but may try to bully them into paying. They could also swear a Stat Dec with a copy to court and one to the bailiff co, and one to hand to any bailiff that turns up in a i'm taking your car, or forcing entry attitude.

What benefits are you on and how old are the children? as this may make you vulnerable under the National Standards.

Your first action is to appraise the court of non receipt and do a Stat Dec imho. Try not to worrry other much more knowledgeble Beagles will be along soon. :tongue2:

[bluebottle]

Re: URGENT! Surprise Court Bailiffs Letter - 7 Day Visit Warning!

Did you inform the DVLA that you had moved home? In any case, you need to contact the court that imposed the fine and arrange to have a Statutory Declaration sworn, as advised by BB. Also, have your means have been examined at any time and did you receive a Further Steps Notice? If not, enforcement of the fine may be difficult as both procedures are legal requirements.

[noodles]

Re: URGENT! Surprise Court Bailiffs Letter - 7 Day Visit Warning!

Thanks for your fast responses.
That's good news about my parents house.

More info:

◦ I have two children, a five yr old and an 11wk old baby.◦ I'd Swear on my kids lives that this letter is the first I've Heard on this
matter.
◦ I am on JSA(Jobseekers Allowance - Which is like having a job these days in
every way except salary).
◦ My parents house is NOT on the warrant, my OLD address is(- So would my parents still need a Statutory
Declaration?).
◦ It is a Distress warrant from 'Excel Civil Enforcement'.

Questions:

◦ I have no idea what court this came from, so could I just go to the police
station or closest courthouse to get a Statutory Declaration?
◦ Could the visit officer try to force my father to give up my current address?

PS; My father is a big guy who commands respect. He doesn't respond well to
intimidation! On the other hand, if they were nice, and played a guilt trip on
him, they'd get him on side straight away! He's soft like that.

@bluebottle
I'm not sure what you mean by having my 'means examined', but this letter is the
only information I have received about this fine. The only other contact was the
phone call mentioned.

Thanks Guys :clap2:

[bluebottle]

Re: URGENT! Surprise Court Bailiffs Letter - 7 Day Visit Warning!

Thanks for your fast responses.
That's good news about my parents house.

More info:

◦ I have two children, a five yr old and an 11wk old baby.◦ I'd Swear on my kids lives that this letter is the first I've Heard on this
matter.
◦ I am on JSA(Jobseekers Allowance - Which is like having a job these days in
every way except salary).
◦ My parents house is NOT on the warrant, my OLD address is(- So would my parents still need a Statutory
Declaration?).
◦ It is a Distress warrant from 'Excel Civil Enforcement'.

Questions:

◦ I have no idea what court this came from, so could I just go to the police
station or closest courthouse to get a Statutory Declaration?
◦ Could the visit officer try to force my father to give up my current address?

PS; My father is a big guy who commands respect. He doesn't respond well to
intimidation! On the other hand, if they were nice, and played a guilt trip on
him, they'd get him on side straight away! He's soft like that.

@bluebottle
I'm not sure what you mean by having my 'means examined', but this letter is the
only information I have received about this fine. The only other contact was the
phone call mentioned.

Thanks Guys :clap2:

Hi Noodles,

Having Your Means Examined is a term used to describe the procedure a court is required to go through to determine the amount of the fine and/or at what rate and at what frequency it should be paid. In practice, what a court does is ask how much income you have, what your outgoings are and then calculates the fine and how much you should pay and at what frequency from that information. If a court blindly imposes a fine without examining a defendant's means, this can make enforcement of the fine a tad awkward as there is a judicial review (R-v-South Western Magistrates [on the application of Purnell]) that clarifies the point that a fine cannot be imposed or enforced if a defendant's means have not been examined. Some court staff appear to be under the impression that this JR is irrelevant and can be ignored. If only that were true. You do need to speak with the bailiff company involved and ask them which court or HMCTS area issued the distress warrant they are acting under. If they refuse to provide this information, which they should not do, and you have a rough idea of which county the offence occurred in, it might be possible to provide you with contact details for the HMCTS Area Enforcement Team who may be able to shed more light on the matter. Also, there is a possibility, given your current circumstances, that you may fall under the "vulnerable" category, in which case, HMCTS may have to tread carefully where use of private-sector bailiffs is concerned.

[Sir Vere Brayne d'Emmidge]

Re: URGENT! Surprise Court Bailiffs Letter - 7 Day Visit Warning!

Thanks for your fast responses.
That's good news about my parents house.

More info:

◦ I have two children, a five yr old and an 11wk old baby.◦ I'd Swear on my kids lives that this letter is the first I've Heard on this
matter.
◦ I am on JSA(Jobseekers Allowance - Which is like having a job these days in
every way except salary)As you are on ESA you should be considered as a vulnerable case, be prepared to show the Bailiff the paperwork from the DWP
◦ My parents house is NOT on the warrant, my OLD address is(- So would my parents still need a Statutory
Declaration?). Be prepared to show the bailiff a copy fo the Council Tax bill
◦ It is a Distress warrant from 'Excel Civil Enforcement'.

Questions:

◦ I have no idea what court this came from, so could I just go to the police
station or closest courthouse to get a Statutory Declaration? Nearest Court
◦ Could the visit officer try to force my father to give up my current address?They can ask....your father is under no obligation to oblige

PS; My father is a big guy who commands respect. He doesn't respond well to
intimidation! On the other hand, if they were nice, and played a guilt trip on
him, they'd get him on side straight away! He's soft like that. There is only one nice bailiff that I know....me

@bluebottle
I'm not sure what you mean by having my 'means examined', but this letter is the
only information I have received about this fine. The only other contact was the
phone call mentioned.

Thanks Guys :clap2:

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