swift bailiff forcing entry with a locksmith tomorrow help please

[archiesmom]

My husband received a letter from the bailiffs last night stating they are coming back on Thursday 23/01/2014 with a locksmith to execute a distress warrant.
Can you help me please I am terrified he will break in tomorrow!
we had a visit from them just under a month ago and we paid them £100 as they had clamped my husbands car which he has to have for his job as a meter reader we told them he cannot work if he hasn't got a car so they unclamped it my husband came to an arrangement with the bailiff to pay £86 per month and that the first one would be paid on the 24th Jan 2014.

Now my husband rang them this morning as we were out when they called last night and they basically said my husband was lying no agreement was made and they'll be calling tomorrow as planned the debt is now up to £945 there is no way we can pay it.
As I don't work (and I don't claim anything) but hubby works we don't claim Amy benefits,

it is a magistrates fine for a speeding ticket is there anything we can do or do we just have to let them take our stuff they did put our car on a green form but we haven't signed it I'm really scared sorry to sound so stupid I know were in a real mess I don't want to lose my furniture as the bailiff said this morning we will only be left with a fridge, cooker and a bed they will take everything else thanks anyone for any help or advice

[wales01man]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

Stop worrying someone on here will help you may need to answer some questions to get the right answers but the bailiff is just threatning

[bluebottle]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

This bailiff is misrepresenting his powers as well as bringing H.M. Courts and Tribunals Service into disrepute. HMCTS do not take kindly to contracted bailiffs behaving in this manner. Distress warrants issued by magistrates courts have very strict conditions attached to them as this bailiff found when he had to remove the clamp from your husband's car. One of the conditions is that a vehicle used in connection with a debtor's employment, business or vocation must not be taken.

The most Swift can charge under their contract with HMCTS is £300 + outstanding fine. So the actual amount you owe is £300 + any outstanding amount on the fine. Ring the court that issued the warrant - the court that imposed the fine - and ask them to put this bailiff on a shorter leash. If they refuse, then the matter will need to be escalated to a higher level within HMCTS. Who is your local police force, please?

[archiesmom]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

Gwent police force is our local one. Our local police station is bargoed.

[archiesmom]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

Thankyou do much for your prompt advice also the bailiff said this morning if we don't pay the full amount today there will be another £215 added to the debt tomorrow and that's without what the locksmith Will cost!

[bluebottle]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

Under their contract with HMCTS, Swift can only charge £85 when they send you a letter about the unpaid fine and a further £215 if they then visit. However, they can only charge the £215 once. Also, where locksmiths are concerned, the bailiff will need to obtain authorisation from a nominated officer at the magistrates court that issued the warrant. The bailiff cannot do this off their own bat without having some serious questions to answer. Get onto the court today and let them know what is happening. Engineering this sort of situation is unacceptable. The contact details for the HMCTS Area Enforcement Team, who are at a higher level than the court team and to whom you should escalate the matter should the court team be unco-operative, is -

Email: WalesEnf.ContactCentre@hmcts.gsi.gov.uk
Tel.: 01633 645112

It is best to contact them by email. In the subject box of your email browser put "For the attn. of Senior Enforcement Manager or Service Delivery Manager". At the head of the email put the following details -

Full Name
Current Address
Date of Birth
Court Reference

Explain matters concisely and do quote contact telephone numbers.

Hope this helps.

[archiesmom]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

I will get onto that now thankyou and will let you know how I get on.

[ploddertom]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

Seems to me that Marstons in all their different disguises are an utter disgrace.

[bluebottle]

Re: swift bailiff forcing entry with a locksmith tomorrow help please

Utter disgrace is an understatement, PT. The plain fact is they are out of control. On Monday of this week, an LB member delivered a formal complaint to HMCTS, at their headquarters in Petty France, Victoria, London, concerning threats and misrepresentation of powers being made by Marstons. The LB member was an innocent victim of a bungling bailiff pushing a letter through their door instead of a neighbour, whose name was on the letter. ICO now have details of this. All we can do is wait and see what happens. TBH, HMCTS ain't going to be happy bunnies.