Swift Bailiff and Magistrate Court Fine

[Jasper William]

Hi everyone,

I really feel as though I am offloading on this site but I so want to try to get my life back together and start 2014 at least on a more positive note even if not a wealthier one!

Basically I had a magistrates fine for TV licence non payment - £310.

It was passed to Swift and they declined a payment offer of £50 p/month and said it would need to be £79 which I couldn't afford.

Their bailiff then comes knocking and with a bit of research I managed to work out that as I had walking possession orders with another Bailiff company for council tax (which I pay every month) there would be nothing for the Swift bailiff to levy against or seize for payment of the debt.

When the Bailiff called back to the house (the first time he called I was out but left a letter to say he was coming back with van and locksmith) I was ready with photocopies of the walking possession forms. He didn't want to accept this as he said I must have other valuables that he could take. The council debt was £3,000 so they had the lions share of everything I assured him. He still wanted to come in - I declined and then handed him a copy of my DLA form (I get lower rate care due to a condition I have)which I said proved to him that I was vulnerable - he said that changed the situation.

He basically said that he wouldn't remove on the day but would give me until the New Year to pay the £310 and his £300 fee and he will be back - with a van and a locksmith.

I would have thought based on the vulnerability that I would be able to get this returned to the Court at least for a hearing/means test. I have the £310 which I could pay but am seriously struggling to get the other £300 together. We are not having Christmas this year - fed up with the whole idea of it when I seem to be going backwards. I know I shouldn't have got myself here anyway but am trying to claw my way out of the hole!

I spoke with CAB but they said that the debt wont go back to the Court as the Bailiff wants and should be paid (he's done a job after all she said) I agree he has made a visit (or 2) but its the hardship that paying this will cause is my issue.

Is there anything that anyone can suggest that I may be able to try with this please.

thanks

JW

[bluebottle]

Re: Swift Bailiff and Magistrate Court Fine

Hi Jasper and welcome to Legal Beagles.

As well as showing the DLA letter to the bailiff, you will need to send a copy to the court, along with a letter from your GP specifying what your condition is and how it makes you vulnerable. Although the bailiff is supposed to do this, many have convenient memories, as in they conveniently forget to report matters they have a duty to report. If the items in your home have already been levied upon, the bailiff cannot levy on them also, as they already are in the possession of another bailiff.

Whilst the bailiff can come back with a locksmith, this is for "won't pays" rather than "can't pays" and they must first obtain authority from a nominated officer at the court that issued the distress warrant. The bailiff's refusal to allow you to set up a payment arrangement is unacceptable. Have you asked the court for a Means Hearing? This is something you will need to speak to the court about.

[Jasper William]

Re: Swift Bailiff and Magistrate Court Fine

Thanks for the reply,

Before I spoke with the Bailiff on his 2nd visit I called the Court and asked them for a Means Hearing and was refused being told I should have replied to their initial demand - well yes of course I should have but the stress and pressure that these things cause did throw me into a bury my head in the sand situation and I know its not the right way to do things but everything just gets on top of you and you ignore rather than deal and one day rolls into another and the deadline passes.

I will call the Court tomorrow and advise that the Bailiff is holding a copy of my DLA award and the Walking possession notices and see if they will reconsider.

Thanks for the advice - I will keep you updated

JW

[bluebottle]

Re: Swift Bailiff and Magistrate Court Fine

In order to have a better understanding of the vulnerability issue, what health condition do you have?

[ploddertom]

Re: Swift Bailiff and Magistrate Court Fine

You say you also have Council Tax debts and have Walking Possession for goods already seized. Is it possible you can say more about this - how many Liability Orders, how much is owing etc? Could you also list what is on the Notice of Seizure you have exactly as it is written because if you say you £3k then it must be some list? Might pay to do this with a new thread though.

Incidentally are you aware that Swifts are actually Marstons in disguise?

[Jasper William]

Re: Swift Bailiff and Magistrate Court Fine

Hi,

I wasn't aware that Swift were associated with anyone else - they all seem really bad

I had a mini stroke back in 2006 which has left me without 100% use on one side. It doesn't affect me in that I still work full time and manage most things but have difficulty gripping and was awarded the care component to allow me to have some help around the house with things I wasn't able to cope with. To be honest my main problem is with lifting anything that requires 2 hands so I do for the most part try to avoid doing this until I can get help.

The council tax demands run over 3 years and whilst I had 1 bailiff order I was struggling to pay that current years council tax so have never ever caught up but am adamant that this is the last bailiff I will deal with for Council tax - have found that I should have been granted the 25% discount for the last 2 years so am having to go to the children's colleges to get evidence that they were studying so I can get £700 knocked off - I should then clear the debt by May so need to do some juggling to pay both Bailiff and Council in April and May but should then be quite straightforward.

There are 3 separate walking possessions - which include things like the TV, 2 sofas, a paper shredder, filing cabinet, a lamp and also 2 printers (1 of which is broken), 2 pc's but these are used for work as I work from home.

Its a total value of about £300 I would say that they have 'secured' which is a joke as it would cost more to get the rag and bone man down to move the items. I have pointed out to them several times that they shouldn't be listing the computers as they are for work purposes but that's fallen on deaf ears - luckily I have never defaulted - they did try to secure a lease car once but again that was a waste of time

The Court again today said that once in the hands of the Bailiff I need to deal with them. Maybe I should just get arrested and then appear before the Court. This is just such a waste of time but my fault entirely for not dealing with it earlier - lesson learned here.

JW

[bluebottle]

Re: Swift Bailiff and Magistrate Court Fine

It really does annoy me when court staff sing the "Speak to the Bailiff" song. The court staff are in control of the enforcement process at all times. An Approved Enforcement Agent (AEA), aka private sector bailiff company, does not have the lawful authority to make decisions about the enforcement process which supersedes, subverts or undermines the authority of the court. If the court tells the AEA to cease enforcement action, that is what the AEA must do, not continue regardless or act in a manner that exposes the courts to litigation or brings the court into disrepute.

The health issue you have would, in my view, possibly put you within the vulnerable category. However, your GP would need to send a letter to the court confirming how your health issue makes you vulnerable.

The bailiff is being a tit and expecting you to find £610 by New Year is taking the p*ss, moreso since you offered to pay by instalments and he unreasonably refused to allow you to do so. If you feel the court staff are being unreasonable, you can escalate the matter, first, to the Court Manager, then to the Area Enforcement Team. If Swifts are, themselves, being unreasonable, then, you may find yourself escalating to the Area Enforcement Team faster than expected. However, try and resolve this by speaking with the Court Manager, but come back onto the thread for details of the Area Enforcement Team should this become necessary.

[CleverClogs]

Re: Swift Bailiff and Magistrate Court Fine

There are 3 separate walking possessions - which include things like the TV, 2 sofas, a paper shredder, filing cabinet, a lamp and also 2 printers (1 of which is broken), 2 pc's but these are used for work as I work from home.

Its a total value of about £300 I would say that they have 'secured' which is a joke as it would cost more to get the rag and bone man down to move the items. I have pointed out to them several times that they shouldn't be listing the computers as they are for work purposes but that's fallen on deaf ears - luckily I have never defaulted - they did try to secure a lease car once but again that was a waste of time

It is highly likely - or almost certain - that the bailiff(s) overcharged you.

Please list each and every item on each walking possession agreement or Notice of Seizure, indicating where applicable that the same item appears more than once.

[Jasper William]

Re: Swift Bailiff and Magistrate Court Fine

Hi Everyone,

just thought I'd update on this. I did look into the potential overcharging but don't think this to be the case so the debt stands at £610.

I have been unable to convince the Court to take the debt back so to prevent any further stress have decided to pay (its a struggle but my health is suffering here).

What has got me so mad today is that I was out (miles from home) and the Bailiff called to collect - will return tomorrow at 6am with locksmith - whatever !!

When he made the arrangement to come back - he didn't hand me anything simply diarised it on his phone 09.01.14 between 12-2. I wrote the date and the time down in my diary - I am just so angry that I will now have another sleepless night because he can't read his diary (I have questioned myself over and over if I have got it wrong - but I write stuff down so I don't get it wrong after not remembering to pay the fine in the first place!!).

Lets hope that when he calls tomorrow - gets his cash - they will leave me alone for good!

Thanks for the ''ears'' here everyone

JW

[bluebottle]

Re: Swift Bailiff and Magistrate Court Fine

I would strongly advise you to lodge a formal complaint with HMCTS about the conduct of the court staff and Swift. What you have outlined is totally unacceptable. You will need to direct the complaint to HMCTS headquarters in London.

[Jasper William]

Re: Swift Bailiff and Magistrate Court Fine

Hi Bluebottle,

I will do that later today - nothing ventured I suppose. Will update if anything comes of it.

The Swift bailiff did turn up this morning at 5.55am so he is now paid and gone away in his white van, told him we agreed 09.01.14, he apologised if he had got it wrong (don't worry about the stress it caused me yesterday and no sleep last night) - apparently tried to call me yesterday but was no answer (I was out) so turned up anyway and his office said not to force entry but to come back this morning (how nice of them) so there he was bright and early !!- hopefully gone now, never to grace my door again.

Thanks

JW

[bluebottle]

Re: Swift Bailiff and Magistrate Court Fine

Okay. The address you need to make the complaint to HMCTS is -

Correspondence, Complaints and Litigation Unit
H.M. Courts and Tribunals Service
102 Petty France
London
SW1H 9AJ

Write your complaint as a document in its own right, using Times New Roman, numbering paragraphs, which should be imposed. This not only looks neater, it is easier for HMCTS to follow as it is in a format they are familiar with. Make sure you include a covering letter with your complaint.