Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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.

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  1. #1
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    Unhappy am i really liabile for my mothers tv licence?

    Hi, i really need some help. i moved out of my mothers home around 2 1/2 years ago when i moved in with my partner. i have just found out that a baliff has traced me to my mothers house (who has also since moved) regarding a tv licence from my mothers previous address where i lived. the baliff claims that since i was living under my mums roof and signed something when they visited (didn't know my mum didn't have licence) that i'm liable to pay total costs of £340.00!! If i don't pay by 9pm tomorrow night i will then have a warrent out for my arrest?? is this true? i'm really confused as didn't think i had the responsibility to pay my mums bills! can i go to prison? PLEASE HELP

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  2. #2
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    Default Re: am i really liabile for my mothers tv licence?

    I would have thought the person who pays the council tax would be responsible for the TV license. Tell them it wasn't your house or TV.


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  3. #3
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    Unhappy Re: am i really liabile for my mothers tv licence?

    HI, i did that and got told that because i was in the house watching the tv and signed something on behalf of my mum that made me liabile? it doesn't sound right to me and i understand the bailifficon just wants the money but i'm scared as got baby due in 2 weeks and can't afford the money! Who do you advise i see? do i need a solicitor?


  4. #4
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    Default Re: am i really liabile for my mothers tv licence?

    Your local citizens advice will do for now, or even the police.

    This is nothing more than bullying. Does that mean, if your mum
    had workmen in at the time and they were inadvertently watching the TV,
    they would have to pay it. I don't think so.

    Is it possible for you to show us a copy of the letter you have on here.
    (make sure you blank out any personal details).

    If this is a DCA (debt collectionicon Agency), then they can be putting
    themselves in more trouble than they can imagine. They are messing with the wrong people on here.


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  5. #5
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    Default Re: am i really liabile for my mothers tv licence?

    Sounds very strange.
    Who was paying for the licence ?(I mean in previous years) its likely that that name would have appeared on records.
    Theres normally a lengthly process before it gets to this stage-was it a TV licensing officer that asked you to sign papers ?

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  6. #6
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    Default Re: am i really liabile for my mothers tv licence?

    Looked at tv licence site. Person who has name on tv licence is responsable for payment.

    that's what i read from it anyway


  7. #7
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    Default Re: am i really liabile for my mothers tv licence?

    Just a quick question, how old is your mother?


  8. #8
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    Default Re: am i really liabile for my mothers tv licence?

    Quote Originally Posted by ukaviator View Post
    Just a quick question, how old is your mother?
    I know where you are coming from here UKaviator because when you reach 75 years of age, you don't have to pay for a license anymore. However, SharpmanTF1 has signed something which they say makes them responsible for the license. I do think that this is some sort of con though. Smelling plenty of rats here. I personally would go to the police and see where I stood.


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  9. #9
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    Default Re: am i really liabile for my mothers tv licence?

    ~
    hi, thanks for all your replies. my mum is under 75. Haven't got copy of anything as happened so long ago and to be honest as it wasn't my house didn't think much of it. my mother and i share the same name (apart from middle name) but surely they could tell us apart from date of births?? to be honest am a little scared to go to the police as the bailifficon claims there is now a warrent out for my arrest, he also said that he has no choice but to hand it back to the courts?? as i moved out of the house in question over 2 years ago as did my mum this really is the first i've heard of it all, as didn't recieve the letters etc. the courts and the bailiffsicon don't know my home address but keep hounding my mum, who herself has mental health problems. if i was to go to local CRB would they then pass address onto courts etc? also scared of them taking my belongings away! feel like i'm backed into a corner!


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    Default Re: am i really liabile for my mothers tv licence?

    sorry martin3030, yes it was the licencing agancy that got me to sign papers. also not to sure on who was paying licence as my mum has bad mental health issues and gets a little disorientated about things in the past and my dad died shortly before we moved out so could have been in either mum or dads name. thanks


  11. #11
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    Default Re: am i really liabile for my mothers tv licence?

    Hello Badluckgirl

    If you think that bailiffsicon may call at your house, be aware that you do not have to let them in. However, if you leave any doors or windows open they have the right to enter through them. Once they have gained entry they may also force entry to any other parts of the premises. However, if you do refuse to let them in then they will be sure to return at some other time and the problem will not go away.

    If you have received notification to say a bailiff is going to call at your house, you may be able to negotiate with them. Are you certain that they have obtained a warrant?

    The bailiff can call at your house at any reasonable time to seizeicon goods, but you do not have to let them in.

    The bailiff cannot enter your house by force, but they can legally enter your property through open windows or unlocked doors, so make sure all your doors and windows are locked or closed!

    Once the bailiff has been inside your house by entering peacefully, they can call again at a later date and enter your house without your permission, forcefully, to remove your goods.

    When seizing goods the bailiff must leave the premises safe. When in your house the bailiff has the right of access to all rooms and can force their way into other parts of the property.

    What you need to find out is what you have signed. It maybe worth giving the TV licencing dept a call, or send an S.A.R. (Subject access requesticon) under the data protection act, for all information they hold on you and your mum's licensing account. Any paperwork and comments they have on file, should be sent ot you. It does cost £10 though, so i would try a phone callicon first, you may get lucky and get everything in a few days.

    When you have the information, we can see what your options are. I will move your thread to the correct forum for more help.

    There is an S.A.R - (Subject access requesticon) link below in the list i have left, it's the Letter Template link. .


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  12. #12
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    Default Re: am i really liabile for my mothers tv licence?

    This does sound confusing.

    You say that you have just discovered that a bailifficon has been round. Has a letter been received and if so who's name is on the letter? This is very important!!

    Next, if you have a letter there will be details on it such as which court this has come from and the date. You need this information as well.

    The bailifficon can only enforce a warant if it is less than 180 days old. Do you know the date of the warrant?

    Finally, you have stated that you did not know about this and letters had gone to a previous address. Therefore it is very SIMPLE indeed to have this debt taken back to the court and all bailifficon fees written off.

    You need to file a Statutory Declaration but the wording needs to be very specific. You can only file this however if you are aware which Magistrates Court heard the case and you will need the court referecnce.

    Clearly this is the correct thing to do and you need to inform the bailiff by text that you are filing a Statutory Declaration on Monday.

    If you needs help in completing this then please post back.


  13. #13
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    Default Re: am i really liabile for my mothers tv licence?

    HI, I myself have no information at all as bailifficon visited my mum at her new address thinking i was living there (have never lived at new address) the bailiffsicon therefore do not know my address. i've spoken to the bailifficon over the phone who has told me all the info in which i've relayed on here. the court is milton keynes mag and the date of signed paper is (according to bailiff) oct 05' i moved out in march 06' my mum in april 06' and between these dates had no letters on this matter at all. can i ask the courts to hear my side in frount of judge and get all this squashed as surely they'll know i was just living with parents and not paying bills for them? i really need an easy way out as baby's due 1 week on tues so won't have much time/energy to do anything i don't understand! sorry if coming across a little dence, just want this over as i truely believe i shouldn't have to pay a penny


  14. #14
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    Default Re: am i really liabile for my mothers tv licence?

    I would telephone the court and not just accept what this bailifficon has said.

    Which company is it, BTW?

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

  15. #15
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    Default Re: am i really liabile for my mothers tv licence?

    does DLC sound right? i haven't recieved any of their letters etc so not 100% sure


  16. #16
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    Default Re: am i really liabile for my mothers tv licence?

    It seems that you are only going on what your mum is telling you.

    You need to get every letter that has been sent to your mum's address
    in your name, and find out exactly what you are up against.


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  17. #17
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    Default Re: am i really liabile for my mothers tv licence?

    If you were in the house & have the same name as your mum were they not just chasing "that name" at the time of their initial visit & probably didn't know that you were not the householder?After all this time they still probably don't know that both of you have the same name!!


  18. #18
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    Default Re: am i really liabile for my mothers tv licence?

    Just to be clear, watching a television when unlicensed is an offence whether it's yours or not. Completely ridiculous I know but that's the law apparently. Once you've signed the TV licensing forms you're snookered. You'll have to pay the fine I'd imagine but the bailifficon fees are easily avoided as tomtubby suggests.


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    Default Re: am i really liabile for my mothers tv licence?

    Well, if thats the case, I will get my neighbour to set my Sky+ box to record everything I want to watch. Then I will watch the programmes the following day. That way, I have neither watched nor recorded programmes as they are being broadcast, thus I will no longer have to pay for a licence!?


  20. #20
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    Default Re: am i really liabile for my mothers tv licence?

    Quote Originally Posted by %Ostrich% View Post
    Just to be clear, watching a television when unlicensed is an offence whether it's yours or not.
    No disrespect but.....where the heck did you get that from?????????

    If you are invited into someones home and are not aware they do not have
    a license, then you can be prosecuted for looking at their TV??????????

    You haven't sent that letter to badluckgirl by any chance have you? LOL

    As I said...... No disrespect.8)


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