Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have had Phillips Baliffs on my back now for about 2 months. The fine I recieved was for not having a TV licence, I was fined £600 in March 2007 apparently! I never had any notice of this fine that I can recall but I must admit I had 2 major operations in March and was in hospital for 2 weeks. So any how Phillips want full payment for a fine that has gone up to £800 and odd pounds now. I have phoned them twice and spoke to someone at the door saying I will pay if we can arrange a payment scheme but that was refused. Each time on the phone they where no help just saying I had to sit and wait for the baliffs. I have tried to explain my circumstances to them, now being a single parent on benefits due to my partner leaving, low income and the debts left by my ex Im now having to pay. They just said none of this is taken into account! Is that true? I don't have much that is worth anything so what will they take?
I am really desperate for help as I have never been in this situation before. I don't know who to contact or what to say. I don't dispute being fined but how they expect me to pay such a huge amount in my present circumstances is beyond me. I'm gutted this is happening around my children.
If so you must contact the bailiff office by phone AND letter to inform them of you circumstances.
This is becasue if you are receiving Income Support you can have money deducted ar source from your benefit at the rate of £5.00 per week. The bailiff MUST adhere to this legal ruling.
If in doubt the regulation are as follows:
The Fines (Deductions from Income Support)(amendment) Regulations 2004.
Make sure that you send your letter by registered post...and keep a copy.
Finally, Philips can charge a letter fee of £50 for this fine. A visit fee is extra.
If so you must contact the bailiff office by phone AND letter to inform them of you circumstances.
This is becasue if you are receiving Income Support you can have money deducted ar source from your benefit at the rate of £5.00 per week. The bailiff MUST adhere to this legal ruling.
If in doubt the regulation are as follows:
The Fines (Deductions from Income Support)(amendment) Regulations 2004.
Make sure that you send your letter by registered post...and keep a copy.
Finally, Philips can charge a letter fee of £50 for this fine. A visit fee is extra.
Hi.
I did inform them I was on Income support and they said it didn't matter because the court issuing the fine wouldn't take this into account.
I have just been on the phone to Phillips again. I was told it is not means tested so I have to pay in full. I said I can't pay and I don't have £831.00, her reply was that I will be sent to prison!!!! I did say to her about The Fines regulations 2004 and she said it's not true, when I said I was sitting reading a copy of the act she told me to believe what I wanted to.
What the hell do I do? I'm the only person my children have at the moment.
I would suggest no more phone calls to these people as they are experts at bending the truth and putting the seed of doubt in your mind even when you have the law in front of you in black and white.
Hopefully someone can advise you on the next step as I am not sure who exactly you can turn to. have you cantacted Citizens advice? or even national debtline are pretty good and can give you plenty of information.
TezViper
TezViper
I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.
Lloyds TSB settled in full before hearing
Cap One offered full settlement and default removed.
If I help in any way then please donate to the site when you are succesful
Thats quite a high fine in court for no tv licence.
Suggest you contact the court and advise them of your circumstances but please do this immediately.
The HMCS contracts states that the company enforcing their warrant can charge £50 admin for a debt up to £400 then charge 20% extra for any amount over £400. If owe £600 then 20% will be added to the extra £200. admin fee will then be £90, plus £100 attendance fee.
Thats quite a high fine in court for no tv licence.
Suggest you contact the court and advise them of your circumstances but please do this immediately.
The HMCS contracts states that the company enforcing their warrant can charge £50 admin for a debt up to £400 then charge 20% extra for any amount over £400. If owe £600 then 20% will be added to the extra £200. admin fee will then be £90, plus £100 attendance fee.
Hope this helps.
Hi.
Thank you. I have tried to contact the court to be told that it has been passed to the bailiffs so is out of there hands so to say.
I refer to your letter dated (enter date)informing me that your company have been instructed by (enter magistrate court) to enforce a warrant etc against me, in respect of an unpaid television licence.
In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.)unless full payment of (enter amount) is made by return.
The purpose of this letter is to advise your company that I am a single mother and am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)
Due to my circumstances, I am informed that under the The Fines (Deductions from Income Support)(amendment) Regulations 2004 deductions can be made from my benefits to pay this fine at the rate of £5 per week. I am advised that whilst this arrangement is in place, the regulations expressly forbid any enforcement action.
Accordingly, I would like to request that this account be referred back to the magistrates court so that the relevant forms can be completed.
As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the Magistrates Court.
Whilst writing, I understand that when granting your company one of the contracts for the collection of unpaid fines, HM Court Service imposed a contractual obligation on your company that all bailiff must be certificated. Accordingly, could you please provide details of the date that your bailiff was granted his/her certificate and the location of the county court.
Could you please acknowledge safe receipt of this letter.
TV Licence fine
Reply With Quote
Originally Posted by tomtubby
