Jbw bayliffs !!

[Harrietd90]

Hello, any help any of you can give to me will be much appreciated I've spent the morning making phone call after phone call and getting no where.

In December 2013 I received a parking ticket. Due to being stupid I forgot to pay this. I had a baby the previous month and things were tight, was thinking I would pay it at the end of the month but forgot. I then moved address in January 2014. My car had broken and no longer worked. I declared it sorn later on that year after realising I can not afford to get it fixed. When I moved out the tenancy is only temporary and so I did not change the address on my log book as it was not on the road and was going to do so when I had a permanent address.

Yesterday these bayliffs turned up at my old address (my parents) and we're very rude and intimidating to my dad who is an OAP. As soon as my dad phoned me to let me know what has happened I rang the company with the details (that my dad had been given as I have not heard from this company before) I was then hung up on 3 times. When a person there finally spoke to me for longer that a few minutes I explained I am a single parent in part time work and recieving benefits and could not afford to pay in full and could I request to set up a payment plan. They told me I have to prove my incomes and send proof of benefits and 3 months bank statements. I asked for an address to send this to and to be posted a letter with what they require to my new address and was told "no you have to call the man who came to visit".

I rang the mobile number provided for this man to hang up on me every time I said my name, then answered and said he would call back In ten. I left him about a hour called back had the same thing and this repeated again. Finally rang him this morning he asked for my new address and hung up.

I have rang the council who issued the ticket and he said he will send me a
witness form and put the bayliffs on hold for 14 days. However I don't think this form will work as I did not change my address with the dvla. I then rang the bayliffs to inform him of what I have done and he told me "no point doing that love it comes back to us and you'll owe me more money when I next visit" then the phone went dead again.

I am not saying I will not pay I just cannot afford a full payment. The letter my dad was given says balance before visit was £202 and is now £437? Is this correct?

any advice as I am very upset about all this. If this witness form doesn't work where do I go from there with these bayliffs??

thanks in advance!!

[Kati]

Re: Jbw bayliffs !!

You need to get a breakdown of the charges from the bailiffs - to see what charges have been added to the debt since the bailiffs got involved.

The £235 difference (when you say it was £202 and is now £437) is the charge for a bailiff visit according to the new fee schedule, and can only be added ONCE. On top of this, you will have been charged £75 (when the bailiff firm got your account) - bringing total charges/costs added up to £310.

The only way the bailiffs could add any more fees to the account would be if they got a levy on something (such as your car) in order to sell it. They could then charge an extra £110. THIS CAN ONLY BE CHARGED IF THEY ACTUALLY MANAGE TO GET A LEVY ON YOUR GOODS - YOU CANNOT BE CHARGED ANY MORE FOR EXTRA VISITS (apart from this fee).

If you are willing to pay, then the bailiffs should accept a payment schedule that you can realistically afford. Do not agree to anything that would mean you would either struggle to pay or get into debt with your current bills.

Kati x

[Harrietd90]

Re: Jbw bayliffs !!

Thank you! Il email them and get that sent! So him saying that if my claim about changing adresses fails , him saying he will charge me more is wrong then! Why are they so rude. I used to think "it's their job" but the way they go about things is awful. And I can set up a payment plan through the company ? I don't have to give my bank statements to this man?

[Kati]

Re: Jbw bayliffs !!

I'm not sure if you will be able to set up a payment plan without showing proof of low income/hardship - but I cannot see how them insisting on seeing 3mths of bank statements is even legal (in my opinion). So many people are using online banking now, with NO statements anyway - if I'd been told they needed to see these documents they'd have been told to take a jump. Proof of benefits/low income could just as easily be shown via an award letter (tax credits/jsa/esa etc all have these) so I think their asking for bank statements is not needed!

[Harrietd90]

Re: Jbw bayliffs !!

No that's fine I can show them my tax credits, housing benefits etc but was just wary as they wouldn't ask for it in writing or give me somewhere to send it. Hopefully I can sort this out through the council though! Thank you so much for your help xxx

[ploddertom]

Re: Jbw bayliffs !!

When a ticket is issued and goes unpaid the Council will obtain the Registered keeper details from the DVLA and this is for the address registered at the date of the offence. If you since move - which you have done - all correspondence will still go to the same address. You need to contact the Traffic Enforcement Centre & explain what has happened, they should email you some forms which you complete and return to them - when received back all enforcement must be put on hold pending investigations.

The Bailiffs know they should not be enforcing at a different address unless the warrant has been amended - the fact they have turned up at your parents proves to me they have not done this. Hopefully by appealing this process the ticket can go back to the original sum demanded.

See this link for more https://www.justice.gov.uk/courts/no...y-declarations

[Milo]

Re: Jbw bayliffs !!

Harriet,

There are two things that can be done here.

Firstly, if a debtor is able to provide evidence of financial difficulty (which appears to be the case with you) then most companies are 'rewinding' the debt back to the Compliance stage. This means the removal of the fee of £235. The Compliance fee of £75 will NOT be removed. The company will then consider a sensible payment proposal.


In your case, if the debt is 'rewound' it will revert to £202.

The 2nd option that you have is to file an Out of Time witness statement. All enforcement will be on hold for approx 4-6 weeks. If the application is accepted (approx 50% are accepted) then a new Notice to Wwner will be issued.

It depends on you which route you wish to take.