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About KittyNoir

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  1. ********UPDATE 2******** So [removed] came back yesterday. We were all out as I was being picked up from work then we went food shopping. Another notice stuffed through my door, only this time in an envelope that was scribbled on "URGENT" in all honesty it looked like something my 10 year old would have scribed with her foot. house was all locked up. He couldn't get in. This has obviously [removed] somewhat given the fact that we had a massive muddy foot print on the door where he had kicked it and he had gone round the back looking for a key (we think). We dont keep one outside so again probably in anger he had thrown our wheelie bin over and thrown all the rubbish over the back garden and hand prints all over the glass of our patio doors. Is he allowed to do this does anyone know?. I have moved all our expensive goods to another address, even if he does get in here there will be nothing worth taking. This guys has obviously taken my defiance personally which is quite pathetic to say the least. I'm due to make a payment on Friday another thing I'm thinking is once the debt is officially being paid (the fine amount covered) one - does that make their case for breaking in even weaker and two if he turns up here with the wrong amount on the paper work enough to have him moved on?
  2. I thought so too given the time of year. Their both aware also that I have 3 small children and only work part time
  3. I was told that they could use force to enter the house but only as an extreme measure or last resort. If we were being unreasonable or in any way refusing to pay then they could and probably would. I've tried to make this as difficult as possible for them though by contacting the court and Swift's head office in writing (Via Email) to inform them I can and will pay the debt just not in the one lump like they want. I have, however had Email confirmation that my Email to the court office has been passed on and is being looked at so that's something I suppose
  4. No they didn't tbh and now Swift's head office are refusing to deal with it saying I have to deal with the bailiff direct. But I have made the agent take down dates and amounts of my proposal to pay which I'm sending to their office in writing now also. Forced entry is becoming more and more diminished for them I hope given the fact Im showing I'm not being unreasonable and am offering to pay. Something interesting I was told though is not to contact the police if he turn up again because they always side with the Bailiff and help them gain entry. Is this true?
  5. ***********UPDATE************** I spoke to Step change this morning and then to the court. Step Change were really very helpful. They set out a document containing all our financials and then Emailed me a copy to send to the court. I then spoke to the court - for all of about 2 minutes. I got through to what I suspect is a call centre where the agent said 'sorry you should have called us sooner - deal with Swift' and hung up. I spoke to Swift and needless to say they denied everything I said to them and refused any further contact with their office. I've since sent an Email to the court as follows: I called this morning to speak to someone regarding my outstanding fine and spoke to a call centre agent that wasn't very helpful. I was fined in September/October for non payment of TV Licence after an agent called to my husband's address and my licence was out of date by 3 weeks. I received a letter explaining that I was due in Court but could not attend the court date as we were on a low income and I did not have transport at the time. I then received a letter outline that I had been fined £350 in my absence. We received nothing further. We were unable to pay at the time as we were surviving on a very low income and we were then without phone/internet for weeks as we were paying off other bills (I have written confirmation of this from our ISP) Friday evening the 12th of December a Bailiff that would only identify himself as "M.Thomas" attended the house but I was not at home and my mother who is registered disabled was there watching our 2 children under 5. He attempted to forcibly gain access to the house and explained to her why he was there and the amount that was owed - which has now doubled. He was refused entry and told he would have to deal with us direct as my mother had no knowledge of what was going on. He was aggressive and intimidating and left her and my children in a state of shock making them fear for their safety. He thrust an unenveloped written notice containing my details and debt amount at her and left. Upon return I attempted to make contact with him and the company involved to no avail. Swift Credit Services LTD Credit licence no: 0004045 On the morning on Saturday December the 13th I had a returned phone call from the Bailiff in question and his manner was nothing short of vile. I could understand why my mother had been so distressed by his call as again he was aggressive and disconcerting on the phone with myself. He said he was returning at 5pm to break into the house and remove goods to satisfy the debt. I explained that I had had no prior knowledge of their company and wanted to speak to their main office but was unable due to the weekend. Again he was very abusive and told me that wasn't an option. I also explained several times that I would have approximately 10 children belonging to other people in the house at that time and it was not an appropriate time to return. I commented that should he attend I would have Police presence to check his paperwork and keep the peace as he had already threatened my husband with violence by that point. I sought legal advice over the phone and registered with a company called Step change (client ref: xxxxxxx) who have set out a budget to pay the debt given our incomings and outgoings. Please find attached a copy of this document. He advised me to come straight to yourselves to seek to resolve the matter and make a complaint regarding this Bailiff's conduct given the fact he has not only broken the law by breach of data protection but with his manner has sought to bully my family in our own home and attempted to force entry to the house while there was only vulnerable people present. Further to that he advised that we request that the court recall the debt from the company as we can not afford to pay the debt in full and all communication has been rejected by Swift for us to pay back what's owed as we can afford. I want and will pay back this debt directly to the court if granted so I am requesting that the debt is recalled so we can do so. We will not under any circumstance be allowing this person peaceful entry into the property to list and /or seize goods and are seeking legal advice over the breach of our personal details to a third party against both the Bailiff and the company through separate avenues. This matter is causing my family paramount distress. I have documented mental health issues as I am diagnosed Bipolar and I am seeing my GP later on today for anxiety levels that as you can imagine are now through the roof. I am now having to take time off work also. Another concern for us is that we could not find this man's registration details documented on the Ministry for Justice Certificated Enforcement Agent Register which I was advised by Step change he was required to do by law. Please again, I ask the court to seriously consider dealing with us direct so the amount outstanding can be paid promptly and securely. Myself or my husband can be contacted at anytime on xxxxx xxxxxx or xxxxxxxxxxx and I am happy for you to discuss details with him should I not be there at point of contact. Many thanks for your time So, how does it read? Do you think I stand a chance of having the debt recalled to the court after that?
  6. Fingers crossed. I'll update tomorrow when there's a clear plan in place. Thank you all very much for your help and advice. Very much appreciated. Night
  7. What she said on the phone is that they would contact swift with some sort of financial work out of what we have and negotiate for the debt to be paid. She said they can not refuse to deal with them and I will not have to have anything to do with these ejits other than pay what's agreed (she didnt actually use the term ejit lol) Meanwhile, I'm going to speak to the court and look at the legality of the fine given the fact that I wasnt living there at the time or maybe just to take the debt back I can pay off the original fine in one go on Friday so hopefully this will keep them happy. One thing I will be doing though is making a formal complaint to the court and whoever else I need to about this bailiffs conduct and the breach of DPA on his part for handing over personal details. In my workplace we sign an agreement once a year to abide by Data protection. It's us personally that's responsible and chargeable if we're found to have broken the law and we're only Technical Support. Plus the fact that he threatened my husband with violence, plus the fact he refused to show Id. I dont think he's registered on the online database. I cant find his details on there at all
  8. I thought the fine was for that 3 week period that technically I didnt have one. But thinking about it did I really need one given the fact I did not have a property of my own?. I only agreed to deal with the people on the door thinking that it would save my husband this agro as I thought I had one I didn't need
  9. It was an annual payment. So for the previous 2 years I had paid in full once a year. When they ran the details it was out by about 3 weeks. I wasnt working at the time and they said no problem they will take it £12 a month. The guy filled in the DD form in front of me. I signed it. Come the end of the month they collected the whole £145 leaving me with 20 to feed 3 children for a week. I ended up having to borrow cash from my dad to go food shopping. I called TV licence to complain and the woman said tough tits. So now I'm paid up till after Christmas. I was disgusted too that they took me to court over 3 weeks. I wanted to go to court and speak to the judge about how this guy blatantly lied and took us for the whole lot knowing we were on a low income but Port Talbot to Merthyr and back wasn't doable diesel or time wise as by then I had just started a new job Am I right in now thinking I have a criminal record too?
  10. Will that get my husband into trouble though? and ultimately will this Bailiff then just change the name on their court order?
  11. They took down all our incoming and outgoing. Think it worked out as roughly about 350 left but they didnt include food so does that count?
  12. Yes they have. We have a client reference number and everything. I'm Speaking to one of their specialist people at 8am tomorrow, then the court when it opens at 9am.
  13. We are living together now yes, but not when the TV licence people turned up. We pay council tax I'm not sure if I'm on the council tax bill. I can find out though. Stupid, why would they send stuff to my old address but not the court stuff?? Has anyone had any experience with Step Change also?. They are ment to be dealing with Swift's office tomorrow for me to arrange payment and stop any further visits. How likely is this to work?. It's not that I'm refusing to pay, I just didnt have 700 quid to give the guy that was coming there and then. He seemed a lot more interested in just taking stuff rather than letting me sort things out and repay and would not entertain the idea of me paying off the debt in payments to the office. Does he stand to gain by coming in and taking goods?
  14. Confusing as The initial TV licence was in my old Address. It was on annual payment. It expired in Feb 2014 but I didnt know. I had already moved out by then and was back at my mums but staying in this house here and there because my husband and I were working things out we had a knock on the door in the March Saying TV licence. I said it was fine because I thought Mine from my old address was still good and was going to transfer it to his address as my mum obviously had one. That's when they said it was out of date probably as the address had changed with the bank. I set up a DD there and then. Had a letter in the Aug/Sept saying I was being taken to court. Wrote explaining I couldnt attend. Letter to say I was fined then later in the Sept. Called and asked for some sort of payment card to pay. Woman said she didnt think she could but she would look into it and phone me back. She never did. We were without BB/Tv/phone through Oct and most of Nov because we were playing catch up with rent. Then this guy turns up Friday. The day before my daughters 4th Birthday of all days. Im so angry/upset he ruined her Birthday. I had to call off her party from fear he would turn up and frighten the children and ending up the talk of the school-run. Im more concerned about now whether or not he can force entry into this house?.
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