swift enforcement agent urgent help needed.

[jolly p]

I had a visit from swift credit services enforcement agent yesterday just as i was leaving to collect my 4year old daughter from school. This is a fine for my husband that we have been paying at a rate of £20 a week. I did agree to pay£50 a week but then circumstances changed and we could not afford that amount. Swift were informed of this via e-mail. I have been to citizens advice and have followed what i have been told by them. My last meeting with my case worker was 30/09/14. She said she had had a reply from swift following her advising them she was looking after our case. Enforcement agent came yesterday and basically was going to clamp/remove the car which is my husbands but i am the main user. I phoned cab while he was here and followed what i was told in padlocking the gate to prevent him removing the car. My husband is away with work and i cant contact him very easily . The enforcement agent said that letters had been sent out stating they wanted minimum payment of £75 a week and he wants the balance of 1245. Within 24 hours. He is coming back today and left an envelope for my husband with a sheet of paper in saying he had come to remove goods and the car and would come back with a locksmith to break into the house . Neither I or citizens advice have received this letter. I have 2 problems.1 i use the car for work i work till 1am. And second the car and anything they might take from the house wouldn't cover the debt. My husband does not actually own anything in the house outright all of our belongings are old and not worth anything. Advice please.

[Kati]

Re: swift enforcement agent urgent help needed.

I had a visit from swift credit services enforcement agent yesterday just as i was leaving to collect my 4year old daughter from school. This is a fine for my husband that we have been paying at a rate of £20 a week. I did agree to pay£50 a week but then circumstances changed and we could not afford that amount. Swift were informed of this via e-mail. I have been to citizens advice and have followed what i have been told by them. My last meeting with my case worker was 30/09/14. She said she had had a reply from swift following her advising them she was looking after our case. Enforcement agent came yesterday and basically was going to clamp/remove the car which is my husbands but i am the main user. I phoned cab while he was here and followed what i was told in padlocking the gate to prevent him removing the car. My husband is away with work and i cant contact him very easily . The enforcement agent said that letters had been sent out stating they wanted minimum payment of £75 a week and he wants the balance of 1245. Within 24 hours. He is coming back today and left an envelope for my husband with a sheet of paper in saying he had come to remove goods and the car and would come back with a locksmith to break into the house . Neither I or citizens advice have received this letter. I have 2 problems.1 i use the car for work i work till 1am. And second the car and anything they might take from the house wouldn't cover the debt. My husband does not actually own anything in the house outright all of our belongings are old and not worth anything. Advice please.

Firstly ... can you tell us what the debt is for please? Is it Council Tax?? A court fine?? something else??

No matter what the bailiff says, there are rules and regulations now in place that govern what he can and can't do.
1, Making you enter a punitive payment plan is a big NO (if you can't afford what they want you to pay then they cannot realistically expect you to pay it)
2 Breaking in (he would have to apply for permission through court to get a locksmith or break in to your house)
3 Climb through a window (bailiffs are now only allowed to get into a property via a usual means of entry)
4, Forced entry - pushing past you etc... (this is also a big NO! they are only allowed to enter peaceably - if invited - or through an unlocked door)

If you can get back to us with some more details, we will be able to advise you more :tinysmile_twink_t2:

Kati xx

[jolly p]

swift enforcement agent help

Thank you Kati. I can not reply to the original post. It is a magistrates fine. I have asked and my cab case worker has asked for installments but the agent keeps refusing. He has said that he will come with a locksmith to get into the house . I have told him the car is not here and he said that i have committed an offence by removing it as its on his paperwork as an asset. I have no copy of this all i had was a letter addressed to my husband which said he would come and remove items from the house and he would need proof that my husband didn't actually own anything in the house. I cant give him proof as i no longer have receipts for anything. I have been paying an amount each week but he has said its not enough. Being advised not to let him in and he wont break in is not really helping. My cab case worker was going to try and phone head office but i don't think that is going to help.x

[Wombats]

Re: swift enforcement agent help

Hi, is there another thread or some other posts attached to this somewhere giving the full history?

When were you given the fine? What for? How much was it? Did you attend court? When did Swift get involved? What has happened with them? What paperwork has been left? etc.....

If you can give a complete history with some dates, we will be better placed to help you.

Generally speaking, for a Magistrates' Court fine, the level of repayment is set by the court at an amount determined by the means enquiry - you'd have had more than one opportunity to complete this prior to any court case being heard.

Any background you can give us would be really useful.

[Kati]

Re: swift enforcement agent help

Thank you Kati. I can not reply to the original post.

I have merged your threads so everything is kept in one place :tinysmile_twink_t2: - I've also moved your thread to the bailiff forum xx

It is a magistrates fine. I have asked and my cab case worker has asked for installments but the agent keeps refusing.

for Council Tax??

He has said that he will come with a locksmith to get into the house . I have told him the car is not here and he said that i have committed an offence by removing it as its on his paperwork as an asset. I have no copy of this

Could your husband have signed a 'walking possession order?? If he has, you should have a copy of it somewhere. If not, then there's not much the bailiff can do at this point
Threats of locksmiths are, as I have already said, not right. The bailiff cannot gain entry through force or locksmiths without getting permission from the courts first!!

all i had was a letter addressed to my husband which said he would come and remove items from the house and he would need proof that my husband didn't actually own anything in the house. I cant give him proof as i no longer have receipts for anything. I have been paying an amount each week but he has said its not enough. Being advised not to let him in and he wont break in is not really helping. My cab case worker was going to try and phone head office but i don't think that is going to help.x

If you are being threatened by the bailiff, you should put in a formal complaint through your CAB caseworker.
If the debt is for CT, then put a complaint in with the council too.

K xx

[Kati]

Re: swift enforcement agent help

Hi, is there another thread or some other posts attached to this somewhere giving the full history?

When were you given the fine? What for? How much was it? Did you attend court? When did Swift get involved? What has happened with them? What paperwork has been left? etc.....

If you can give a complete history with some dates, we will be better placed to help you.

Generally speaking, for a Magistrates' Court fine, the level of repayment is set by the court at an amount determined by the means enquiry - you'd have had more than one opportunity to complete this prior to any court case being heard.

Any background you can give us would be really useful.

Is this thread (http://www.legalbeagles.info/forums/...elp-and-advice) the background of the case @jolly p?? or is this another topic??