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need help not judgement

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  • need help not judgement

    Hello I think i am really in trouble and i know it is awful to be in this situation.
    Anyway I hope that no one will judge me as i need some good advice.

    Had a distress warrant officer on my doorstep this morning. He acted in a unreasonable manner and i have sinced looked up that 1. He cant put his foot in the door to gain entry and leave it there until i am forced to open door and let him in.
    2 He cannot use a third party in this case the police to gain entry
    I found this out from past case histories on line.

    Anyway the debt i owe supposedly is from way back 2013 and has been ongoing. I suppose now you are thinking why why has this woman not sorted this out and the truth is head in the sand and not having the money to pay the debt. Enough said after the police persuaded me to let the bailiff in i did not check his ID or if he had an indate Bailiff certificate as i was very stressed at the time and all reasoning went out of my head. since i have found my head i should of asked for this anyway he did show me the warrant on a computer type gadget whist he had his foot in the door. He was adamant that he could come in and take goods (but changed this later to we can work something out)

    Anyway he said that he would refer it back to court and i would have to face them i am wondering can i make a plea to show them my income expenditure and try to work something out dont think i can face court again very stressful.

    My question is because it has been so on going and long winded will i be sent to prison as i feel that they may do this as i have not made a reasonable attempt to pay back the fines.

    the fines are for btw non payment of TV licence a littering charge ( by a traffic enforcement officer) when a parking ticket they were trying to issue fell on the floor and did not adhere to the car and not declaring SORN on a vehicle that I no longer owned at the time.
    I really feel that these fines are out of control and the reasons i have not paid are because i feel they are unreasonable.

    The non payment of TV licence was i believe illegal as a guy way back forced his way into my home and told me i had to sign a piece of paper to say i was watching TV without a licence, if i had been more clued up back then i would not have let him in my house.


    The other fines are just rediculous at best i feel out on a limb and dont know what to do or what my rights are if i have any, surely i do even if you get arrested you have rights so i fail to see in this situation that i dont.


    Any comments would be appreciated
    Tags: None

  • #2
    Re: need help not judgement

    Originally posted by jules2008 View Post
    Hello I think i am really in trouble and i know it is awful to be in this situation.
    Anyway I hope that no one will judge me as i need some good advice.

    Had a distress warrant officer on my doorstep this morning. He acted in a unreasonable manner and i have sinced looked up that 1. He cant put his foot in the door to gain entry and leave it there until i am forced to open door and let him in.
    2 He cannot use a third party in this case the police to gain entry
    I found this out from past case histories on line.

    Anyway the debt i owe supposedly is from way back 2013 and has been ongoing. I suppose now you are thinking why why has this woman not sorted this out and the truth is head in the sand and not having the money to pay the debt. Enough said after the police persuaded me to let the bailiff in i did not check his ID or if he had an indate Bailiff certificate as i was very stressed at the time and all reasoning went out of my head. since i have found my head i should of asked for this anyway he did show me the warrant on a computer type gadget whist he had his foot in the door. He was adamant that he could come in and take goods (but changed this later to we can work something out)

    Anyway he said that he would refer it back to court and i would have to face them i am wondering can i make a plea to show them my income expenditure and try to work something out dont think i can face court again very stressful.

    My question is because it has been so on going and long winded will i be sent to prison as i feel that they may do this as i have not made a reasonable attempt to pay back the fines.

    the fines are for btw non payment of TV licence a littering charge ( by a traffic enforcement officer) when a parking ticket they were trying to issue fell on the floor and did not adhere to the car and not declaring SORN on a vehicle that I no longer owned at the time.
    I really feel that these fines are out of control and the reasons i have not paid are because i feel they are unreasonable.

    The non payment of TV licence was i believe illegal as a guy way back forced his way into my home and told me i had to sign a piece of paper to say i was watching TV without a licence, if i had been more clued up back then i would not have let him in my house.


    The other fines are just rediculous at best i feel out on a limb and dont know what to do or what my rights are if i have any, surely i do even if you get arrested you have rights so i fail to see in this situation that i dont.


    Any comments would be appreciated
    Good evening welcome to LB ,
    How many debts are involved in total?
    Court fines unpaid can lead to serious consequences
    as you are finding you cannot just not pay because
    you believe they are " unreasonable" they are processes
    that can be used to challenge them.
    If you list each fine and the offence and the amount someone
    I'm sure will be along to help /advise.

    nem

    Comment


    • #3
      Re: need help not judgement

      can you post up *redacted* pics of any letters you've got??
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: need help not judgement

        Which of these debts was the bailiff collecting?

        My question is because it has been so on going and long winded will i be sent to prison as i feel that they may do this as i have not made a reasonable attempt to pay back the fines.
        You can be sent to prison for not paying the TV license fine, not the other ones. If you have any money at all you need to prioritise paying this one.

        Did you turn up in court when the TV license case was held? I don't think you have much chance of being able to reopen this case now, however unfair it feels. this should have been done at the time.

        The parking ticket / littering sounds bizarre - did you go through the council's appeals procedure at the time? What was the result? Again I doubt whether this can be re-opened.

        The SORN case, do you have proof of when you sold the vehicle? If you do, you be able to reopen this one, unless you tried this earlier and it was rejected.

        Do you have other debts (credit cards, catalogues, payday loans, etc)?

        Comment


        • #5
          Re: need help not judgement

          hello and thank you for your replies i am working nights at the moment so i am very tired for most of the time, im also doing an open university degree at the moment as well and all my time is taken up with these things.

          I think the TV licence one is about £300 and i now realise could of been avoided if only i had not let the damn idiot in in the first place why oh why was i not clued up at time. It is so vital to know ones rights i did not have to let the TV licence fraudster in and i did not have to sign his paperwork at all. Anyway it is all too late now and i know i will just have to face the consequences.

          so The TV licence one is the prisonable offence ok well at least that makes it more do able as in i can try to pay this one off first so avoid this situation.

          I dont think i can re open any of the cases as i dont have any paperwork now at all but thank you for mentioning this.

          can i just say this website is invaluable to people and if i had only known about it back in the day would not be without it now it could of saved me all of this aggro.

          Yes the parking ticket one is bizarre but thats what the jobs worth decided to do at the time I hope they have a wonderful christmas.

          I know this is a long shot but if the enforcement officer acts in an unreasonable way does this void the levy or just the levy at the time and can they come back? I also found out that parliament has not made a judgement on bailiff activity and turn a blind eye to it but i dont think this will help me in anyway.

          it was left that he would be referring it back to the courts and they would deal with it in other words after he had come into the house and seen that i did not have anything of real value for him to take he then became reasonable and said it could be referred back to court after i had produced income outgoings expenditure.

          I have been to court about the TV licence fine and one of the main reasons i have not been able to pay it are the fact they made the repayment too high and this made it difficult to begin in the first place which i think is mentioned in one of your factsheets.

          I really want to start the new year with a clean sheet and get this all sorted. I am also thinking of going bankrupt as all of my other debts are becoming unmanagable i do realise the court fines would still have to be paid if i did choose this option.

          Comment


          • #6
            Re: need help not judgement

            Originally posted by jules2008 View Post
            hello and thank you for your replies i am working nights at the moment so i am very tired for most of the time, im also doing an open university degree at the moment as well and all my time is taken up with these things.

            I think the TV licence one is about £300 and i now realise could of been avoided if only i had not let the damn idiot in in the first place why oh why was i not clued up at time. It is so vital to know ones rights i did not have to let the TV licence fraudster in and i did not have to sign his paperwork at all. Anyway it is all too late now and i know i will just have to face the consequences.

            so The TV licence one is the prisonable offence ok well at least that makes it more do able as in i can try to pay this one off first so avoid this situation.

            I dont think i can re open any of the cases as i dont have any paperwork now at all but thank you for mentioning this.

            can i just say this website is invaluable to people and if i had only known about it back in the day would not be without it now it could of saved me all of this aggro.

            Yes the parking ticket one is bizarre but thats what the jobs worth decided to do at the time I hope they have a wonderful christmas.

            I know this is a long shot but if the enforcement officer acts in an unreasonable way does this void the levy or just the levy at the time and can they come back? I also found out that parliament has not made a judgement on bailiff activity and turn a blind eye to it but i dont think this will help me in anyway.

            it was left that he would be referring it back to the courts and they would deal with it in other words after he had come into the house and seen that i did not have anything of real value for him to take he then became reasonable and said it could be referred back to court after i had produced income outgoings expenditure.

            I have been to court about the TV licence fine and one of the main reasons i have not been able to pay it are the fact they made the repayment too high and this made it difficult to begin in the first place which i think is mentioned in one of your factsheets.

            I really want to start the new year with a clean sheet and get this all sorted. I am also thinking of going bankrupt as all of my other debts are becoming unmanagable i do realise the court fines would still have to be paid if i did choose this option.
            What's level of the fine on the TVL offence.

            nem

            Comment


            • #7
              Re: need help not judgement

              I am also thinking of going bankrupt as all of my other debts are becoming unmanagable i do realise the court fines would still have to be paid if i did choose this option.
              That was why I asked if you have other debts. There is no point in going through a lot of hassle if you really have little spare income and a lot of debt.
              There is an alternative to bankruptcy if your debts total less than 20k that you might qualify for - a Debt Relief Order, see http://debtcamel.co.uk/debt-options/...relief-orders/. The TV license fine couldn't be included, Which court were the other two fines issued by - magistrates or county?

              Comment


              • #8
                Re: need help not judgement

                Hello I dont know what level the TV licence fine is not sure i know what you mean all i know is it is about £300. The other fines i am not sure if they are mag or county how can i find out and does it make a difference? im guessing it does.

                If i have any christmas money i will use it to pay the TV L fine but as anyone knows this is not as easy as it sounds otherwise i would of paid it off ages ago. I have just had to fork out £260 on car repairs and i have got to replace a window this year which is gonna cost £400. Needless to say Christmas is cancelled in my house this year bah humbug to it.

                Im sorry to say and this is going to sound very contravershal I feel like i am a victim of society as in the fact that if everyone stuck together and refused to pay TV licence and parking tickets (as these really should be done away with I mean what happened to the Magna Carta has this just been forgotten about or totally disregarded ) i would not be in this situation. It is the general public who allow the council to go on with this farce if everyone stood up to them and refused point blank to take part in the money extortion schemes. I am not a socialist rebel but I believe these things are partly wrong but no one has the balls to do it.

                As for bankruptcy i have contemplated this for a while and yes i believe my debts exceed 20 thousand so this is my only option.
                I have a mortgaged property but it is in negative equity so i may be able to keep my house and does it make sense to make me homeless they wont get their money by making me sell so at least if i carry on the mortgage they will get some money.

                Life feel tough for me at the moment but i am trying to better myself with doing a degree and i graduate next year if i go on to do further study this will put me in debt again sigh that is what this country is all about letting people get into debt or in fact making it a certainty for most people. Poor me get the violins out i know sorry for the self pity i guess at least i have a job and my health and will possibly have a degree by next year and then who knows.

                Comment


                • #9
                  Re: need help not judgement

                  Jules, if we are going to help we need information

                  Please list the debts/fines in date order with their status.
                  There I suspect some from magistrates that is not " attended" to
                  are going to lead to a magistrates warrant for your arrest and
                  I'm afraid good intentions cannot stop that process action is
                  necessary!

                  nem

                  Comment


                  • #10
                    Re: need help not judgement

                    ok, if you own a property a debt relief order is ruled out.

                    are you making payments to your other debts at the moment?

                    Are you single? Children? How large is the negative equity? Is your mortgage repayment or interest only?

                    Comment


                    • #11
                      Re: need help not judgement

                      can i write to Marstens and ask for all the information they have as i am not sure what i owe on each one now as they probably add extra costs all the time as you know.

                      I think the warrant officer mentioned debts going back to 2009 but after that i am not sure on dates or amounts owed at this present time.
                      I know i could get arrested shortly if i dont address this all very soon and i know you are trying to help thank you for that.

                      Also Debt Camel I am not currently paying any of my debters I am single i have a son who is 20 living with me.
                      My mortgage is approx 135 K and house prices are currently about 120K at the moment but not accurately sure about this.

                      I have an interest only mortgage changed it a couple of years ago when got into financial problems

                      I have CCJs and a secured loan on the property of approx 20k I have mortgage and council tax arrears also.
                      Is there any hope i feel like i am in such a black hole at the moment.

                      Can i go to the court and rather than waste more time getting a court date do an income expenditure form and agree a payment scheme i really dont think i can face going to court and taking more time off work.

                      Comment


                      • #12
                        Re: need help not judgement

                        A suggestion!

                        Check your credit files. Noddle is free online you should be able to find some of the
                        debts and details.

                        nem

                        Comment


                        • #13
                          Re: need help not judgement

                          So the mortgage plus secured loan come to 155k, the mortgage is interest only and is in arrears and house prices are c 120k. On top of this you have CCJs, probably other unsecured debt, council tax arrears, the TV license and other two court fines.

                          Unless I have misunderstood this, I think you need to take comprehensive debt advice urgently. One option which you should seriously consider is going bankrupt and letting the property be repossessed. This will wipe out all the mortgage and secured loan debts. Indeed all your debts apart from the TV license debt and you need to check the exact status of the other two court fines. This will give you the clean start i think you need - it is very hard to see how you can get out of the black hole any other way.

                          You need advice on what your housing options are. It may be necessary to stop paying the mortgage and secured loan to get a deposit to rent. I suggest going to your local Citizens Advice, as they will be able to discuss not just your debts but also housing and benefits.

                          I think extra costs being added on by Marstons are a red herring at the moment.

                          Comment

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