Jump to content

Richy82

Registered Users

Change your profile picture
  • Posts

    28
  • Joined

  • Last visited

Everything posted by Richy82

  1. right then guys spoke again with the courts this afternoon been told the following: - A bailiff only needs to be certified if he is actually removing goods from your home, however doesn't just to knock on your do etc etc - Even if I pay the distress warrant of £142 to the court. The warrant will stay active to reclaim there fees although these are over 200% of the warrant - Vulnerability status only applies to he named person not the household.
  2. Mornng everyone spoke to the courts enforcement manager this morning, the woman I spoke to has stated that although it is a legal requirement for a bailiff to have a live and current certificate she stated i need to contact the bailiff company itself.
  3. Its is defo a legal requirement??? also found this Part 52.8(5) of the Criminal Procedure Rules 2013 says the Warrant no longer has effect if payment of the the sum is offered but is refused. Under (ii) it mentions Any extra sum payable in connection with its execution. Currently the law does not prescribe any extra sums, so unless a court order has been made requiring you to pay an extra sum, no further sum is due. The law only provides for extra sums to be paid are "costs" for which are deduced from the proceeds of sale of distrained goods under Part 52.9 of these rules. as we offered to pay the actual fine and not fees and this was refused!!
  4. So can anyone please confirm where i stand with a non certified bailiff trying to collect magistrates fine???
  5. Hi everyone this has now taken another swerve thast even I didnt see coming after sending them a letter and email requesting information on breakdown of charges and crtification of baliff etyce tc. I this morning have recieved this letter. " Thank you for your recent correspondence. Please be advised Mr. *********** is due for his hearing in relation to certification shortly. However there is no requirement for an enforcement agent to be certified by the court while enforcing a distress warrant of this nature." Tjis is a distress warrent for a couert fine and he doesnt have to be a certified court bailiff???? Also the charges are as follows Fine £142, Compliance fee £85, Attendance to remove £215.00 No first or second visit charges??? Any idaas people??
  6. thats just it im not on any unemployment benefit only get my wifes part time wages child tax credits and working tax credits, child benefit plus a little bit of disability living allowance (lower rate care component)
  7. we are not ignoring him tried to make a repayment plan with him which he just point blank refused. I have also heard under certain circumstances some people have been classified as vulnerable and had bailiff action stopped, does anyone know what criteria this would fall into???
  8. The ever so not likable bloke fro Marstons was back this morning. This relates to a fine for unpaid TV licence. £142 for the fine outstanding and £300 for marstons. I didn't answer the door, however he has pushed through a card in an envelope stating that he has a distress warrant issued and that he has been refused entry or and unable to contact us and believes we are willfully trying to evade payment. also states "You should be aware that exists a power under schedule 4A magistrates court act 1980 (inserted by Sch 4 domestic violence, crime and victims act 2004) yo enable us to enter your property, BY FORCE, using locksmiths where required to execute this warrant" goes on to say " I will be re-attending your premises, with a locksmith if necessary, to conclude this matte, I may if appropriate request authority to use above powers of entry. Now this is after in our absence two weeks ago trying o force a levy on a car that wasn't ours just because it was park close to our house. This is is in my wifes name and has been very worried and unknown to me has contacted said bailiff on the phone to explain there are no funds available( he also refused a PAYMENT BY INSTALLMENTS FULL PAYMENT ONLY) as she only works part time and im unemployed. He also seems to have got it into his head that bailiffs are now allowed to repossessed HP goods ie Brighthouse goods. Please help!!!
  9. my wife spoke to someone else at the court and they have told here it can only be recalled if it was sent illegally which it wasn't in the process now of trying to negotiate with the baliff and still struggling to get my head round £300 charges
  10. We have just spoken with the court who have agreed to take it back however the bailiff isnt looking like he will send it back.
  11. the other thing aswell is after checking the certified Bailiffs register the enforcement agent wasnt listed however did have a marstons badge on his chest when he attended.
  12. This is a court fine for non payment of TV licence not council tax!!!! Yes she was aware of the fine we have been also trying to re pay over £1000 on backdating council tax and demed that the more pressing debt. No i was at the same address
  13. to be brutally honest things have been very tough and trying to stay above water as been hard work. This debt has just been missed under the radar so to speak. I was under the impression that 2 visits was a total of £48 not £300
  14. This morning I was awoken by a very rude man man from Marstons and if I said nearly banging the door off its hinges it wouldn't be an understatement. The account relates to my wife. after having a fine fore non payment of a tv licence. I tried to speak with him but that was no good as he asically refused as it named my wife and not me. His also opening line was Im from Marstons do you know why I am here?? Gotta love it havnt you. He claimed to have a warrant to which I replied may I see it please answer was a flat no. Now he has left a letter and claimed to be coming back tomorrow same time to carry out this distress warrant. The balance of the fine is £142 and I know that from court papers etc. However the amount Marstons are trying to claim is £442 is this legal to claim nearly 3 times the original debt?? Any help and advice would be greatly appreciated.
  15. Hi thanks for the advice. I emailed jacobs last week ask about the bailiff, where certified etc etc. Received a letter today with all details they have only added the 2 visit fees only. However something has seemed to come to light. They have listed a certain someone as the visiting bailiff and the bailiff was dealing with my case. Now doing some checks on the certified bailiffs register at Justice.gov website HE IS NOT LSITED AT ALL LET ALONE WITH JACOBS BAILIFFS Where do I go from here??? The claim is he was certified at Liverpool county court and certificate runs out Oct 26 2013
  16. also not sure the email they recieved asking for times and dates of fees and visits would have gone done too well
  17. So the last letter I had over a week gave me 4 days to cough up the money or a van was coming still nothing???
  18. To be honest I did bury my head in the sand but am ow finally trying to resolve this with weekly payments albeit only started with one. I have sent of to the council for information on the Liability Order they have and dates and figures, I have also emailed Jacobs for a breakdown of fees, when attended etc etc.
  19. So was meant to pay £50 on the 15th Nov with the balance of £238.69 to be paid on the 1st December. Received a letter today 29/11/2012 dated 26/11/2012 that I have four days to pay the full amount of £288.69. If I cant pay £50 how do they think I will pay near on £300. The letter basically says I broke the agreement but they knew when it was set up this would of happened. "If full payment is not received within four days, a bailiff will attend at your property for the purpose of collecting full payment or removing goods for sale at public action, which will incur additional costs" Few queries here: 1. Can they do this as no Levy has been made on any goods??? 2. No bailiff name is attached just told to ring the main office number to make payment. 3. As this is a Council Tax bill can I claim any special circumstances as I don't work and get a small amount of DLA, my wife only works part-time and we have 2 children of primary school age??? 4. Tried to speak to the council to deal with them direct as im no longer in the borough which the bill originated from and they claimed could only go through the bailiff. Is this true?? Thanks In Advance Please Note : I have started to pay the council online only just made first payment today and only at £5 a week but that all I can afford
×
×
  • Create New...