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  1. Hello It feels like I'm running round in circles at the moment in regards to our council Tax debt and the zero co-operation I'm getting from the Council or Baillifs in regards to paying it off! We owe 2 amounts to Baillifs Penham Excel 1x £934 and 1x £1465 - both way over what we actually owe the council! Baillifs have been 4 times now and each time I've refused entry into the house to do a walk in possession, but today he turned into a smart a*** and said he would go away and get an order to take away my car (no finance on it and only worth around £1200). This has really worried me as I have to have it to get my 5 year, who is Autistic, to school 3 miles away and then my other son to nursery. Can they take my car? If yes, then would I be wise to change the ownership to my Mum so if they come back to take it, it isn't officially mine? The baillif has insisted that we pay the first amount in full and maybe they will come to an arrangement for the second amount if I allow the walk in possession. No bloody way, does he think I'm stupid? I've read about people who've done that thinking they can get a good arrangement set up only to find they've been ordered to pay it off at £400 a month and then have no option but to pay it or lose there things! Spoke to the council to see if we can pay the debt off at £50 a month direct to them and they refuse to help as "it's gone too far now" and they said if it get's handed back by the Bailiffs they will go for a committal to prison! I slightly lost my cool with the woman I was speaking to and told her that this is going to leave us no other option but to go Bankrupt as we also have other massive debts in our name, a repossession order on our house (which is my number one priiority to pay every month) and no one is offering to help us! Is there any other way out of this? I did suggest an attatchment of earnings, but she said that would be at least £250 a month, the £50 we're offering would push us quite a bit. HELP!
  2. Hi guys 1st post My mother has an outstanding debt with bailiffs for Council Tax. She had an agreement with bailiffs to pay it off and defaulted after 2 payments as she could not afford it. Now they want the amount in full. They say they have requested for 'Commital to prison' which scared my mother until i explained it to her. They do not have a 'Controlled Goods Agreement' at all I have today disputed the amount as the bailiffs starting balance doesn't match what is owed to the Council. To be clear this is before any alleged fee's from the bailiffs themselves. It is just the 'starting balance'. I intend to pay it for her in a couple of weeks when I have the money together BUT I do NOT intend to pay the bailiffs fee's. Instead, what I intend to do is pay the Council in one payment via online payment what my mother owes them. Leaving the fee's with the bailiff's!! If I pay the Council, then the debt can't be passed back to the Council as the fee's would be theirs and theirs only. My intention then is, on Common Law grounds, is that I get my mother to say she doesn't consent to these charges from the bailiffs. Which is a total of £310. They are only claiming this money under the 'Control of Goods Act 2014'. Now, when the bailiff's are only left with their fee's and no actual debt - would she able to refuse consent? As an Act is only governed by consent. The other option is to just leave them with their fee's and ignore them. As it is a Civil matter - and without proof of claim - they can't actually do anything. I reach out to you guy's for answer's on this. Am I right to think I can get one over on the Bailiff's this way? They have very naughty attitudes when she calls them BUT seem very polite to me when I call! I would LOVE to get away with this
  3. The countries expert on bailiff law; John Kruse has written in his latest Bulletin about the important subject of bailiff fees when debtors make payment to the creditor (i.e. Magistrate Court, local authority etc). This is a subject that has been discussed often on the forum and thankfully, with the regulations now having been in place for two years, most local authorities understand that if a direct payment is received from a debtor after the account has been forwarded to the enforcement agent, that the Compliance fee of £75 needs to be deducted at source and the balance apportioned on a pro rata basis in line with regulations. The position with Magistrate Court fines is very much simpler. If a debtor makes a direct payment to the court (either in person or on-line), after a warrant of control has been issued, all courts write to the debtor to advise that the entire payment has been forwarded to the enforcement agent so that they (the EA) can deduct their fees in line with legislation. A extract from John Kruse's excellent article is copied in the next post: PS: An detailed explanation of how direct payments are allocated and the pro rata distribution can be read here: http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct
  4. Found this in the Guardian today A young man committed suicide, for a debt that had escalated from 2 PNC's https://www.theguardian.com/money/2017/apr/30/debt-ridden-couriers-suicide-after-bailiff-visit-prompts-call-for-reforms#img-1
  5. When the enforcement regulations were overhauled in 2014, they provided a radical change whereby, a debtor could repay their debt by way of a payment arrangement (usually over a period of approx 3-4 months). Such payment arrangements need to be set up within the very strict time frame outlined on the Notice of Enforcement. This period of time is referred to as the 'Compliance stage' and as long as a payment arrangement is agreed by the date and time given on the notice, an enforcement visit will not be required, and this will save the debtor incurring an enforcement fee of £235. The ‘compliance stage’ is also the period when cases of ‘vulnerability’ should be bought to the attention of the enforcement company (and evidence provided where possible). When the Notice of Enforcement is sent, a Compliance fee of £75 will be added to the principal debt. It is important to make clear that the Compliance fee (of £75) is not a fee for just sending a letter. It is a fee that covers many different costs incurred by the enforcement agent including the setting up of Welfare Departments, training and setting up and managing payment arrangements etc, etc. The second radical change introduced in 2014 was the provided that where the proceeds of enforcement are less than the amount outstanding, that the payment should be distributed on a pro-rata basis between the creditor and enforcement agent. With the ‘Compliance stage’ allowing for short term payment arrangements, the government were concerned that this could cause enforcement agents to operate at a loss until the total debt was paid (and they recovered their fees) and that this could undermine the fee structure and could lead to enforcement agents acting in an aggressive manner in order to recoup the entire debt. It was for this precise reason, that the regulations provide that enforcement agents should be paid the compliance stage in full first, followed by a pro-rata division of proceeds. This is explained in more detail in the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014. http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf It has been interesting to observe over the past 3 years the way in which 'debt avoidance' websites reacted to the compliance fee with literally hundreds of Freedom of Information requests being made to councils around the country questioning how each council dealt with 'direct payments' and whether they retained the payment...or forwarded it to the enforcement agent. The advice from these groups has remained unchanged...pay the council direct online the principal debt (minus enforcement agent fees). With Magistrate Court fines, in every case where a payment is received after a case had been passed to an enforcement agency, the court will forward the payment to the enforcement agent so that they can deduct the compliance fee (of £75) and apportion the balance in line with legislation. If the debt in question is a local authority issued penalty charge notice or a liability order, some councils manage direct payments in different ways. Some forward the entire payment to the enforcement agent....some forward just the compliance fee and others keep the payment. Regardless of the internal procedures, the fact remains, that paying the council (or creditor direct) does not avoid paying bailiff fees and this has been the subject of an important legal case details of which are posted below.
  6. Came home and found a folded bit of paper in my porch thought its another flyer but before consigning to bin unfolded it and it was a note headed HM Courts and Tribunals Service xxxx Combined Court The Bailiff needs to serve you some paperwork please call the Bailiff to arrange service Name.....xxxxxxxxx........... If this person no longer lives here please advise the Court immediately Case Numberxxxxxxxxxx Big letters URGENT CONTACT REQUIRED xxxxxxxxxx Court Bailiff The person named has never lived at my address and is not on electoral roll and I have never had any paperwork for that name When I rang Bailiff started that you need to prove they don't live here er no I don't did you do any checks i electoral roll er no so why are you leaving details about someone else at my address didn't seem to think there was anything wrong with doing this despite the guidelines Examples of unfair practices are as follows: acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, e.g. by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties. not impressed
  7. I fell into arrears with council tax after myself and my husband were made redundant and I was forced to take a new job at a significant pay cut and my husbands health deteriorate to a point where he has been unemployed for the last year. On the 29th March I received a phone call from a Bailiff who informed me that he was at my home with a locksmith the force entry on my rent property to seize goods. The bailiff was acting for the council in regard to a council tax arrears of £1210.00. My husband was at the property and suffers from mental health issues with my 4 dogs and no one had knocked the door. I explained to the bailiff that my husband was at the property with the dogs and his health condition, however I was told to make the payment or they would force entry. I explained that there was no way I could just simply come up with £1210.00 and he send they would force entry and start removing goods. I asked why I had not been notified of the action and he stated that they had sent letters 3 days prior. He then told me I had 10 minutes to find the money or action would be taken. I was in a state suffering from stress and depression myself. Whilst on the phone to my employer to see if work could assist I received over 20 missed calls from the bailiff and text messages such as 'Are the dogs dangerous?' 'Where going in, times up' etc. To cut the story short the company I work for raised the £1210 to pay the bailiff, which has left me seriously in debt to my employers and now completely unable to feed myself or my husband and meet monthly bills this month. It was only at this time that I was then told that a dog handling unit had gained entry to the rear garden and seized my dogs and I would have to collect them. I picked my dogs up that evening but however was taken seriously ill at home with anxiety and rush to hospital. My questions are: * Was the Bailiff in his right to a) force entry b) seize my dogs from an enclosed garden where they posed no danger * I received no communication regarding the visit and only have the bailiff's word that letters had been issued 3 days prior * I still have not received a receipt for the payments, should I contact the council or company to request my receipts?
  8. Hello all. I am currently trying to help my ex wife (we are still friends and have children together) with an issue she is having with council tax arrears. A week ago the council obtained a liability order and obviously their next step is enforcement (which they have stated will be bailiffs in a recent letter). She has nothing of value and will be refusing entry to the bailiff as she is currently getting the paperwork together to apply for a debt relief order. The only issue she is having is the threat to the car she uses. The car is registered in her name but last year she wrote her car off and could not afford a new one. Her mother purchased the new car from a private individual and registered in her name but made it very clear that the car was not to be sold and when it was the money was her mums. She has a text conversation with her mum explaining this but this is where the issue is. Is that sufficient proof that the car belongs to her mum? Is it possible to write an agreement between them now or is this pointless? She doesnt want the car removed (obviously) but at the same time doesnt want her mum to have to take legal action if it is. Hopefully someone can shed some light on this for me. That way I may not have to do the school runs in my car
  9. Hi, Hope someone can help. For Ctax 2016/17. I have been charged two fees the £75 and the £235. I'm not sure the £235 is correct as it was added three days after I started making payments, and without any entry into my home for control of goods etc. In fact when it was applied there was no mention of control of goods. Could someone please clear up what the £235 charge should be for? - As it seems to have been added on incorrectly. I haven't spoken to the bailiff concerned yet as I wanted to check my facts before doing so.
  10. I received a letter today from Collect Services regarding a penalty charge notice on the 16 May 2016. The vehicle was registered at a previous address where the person there an ex used my car and received a previous penalty charge notice for the car. I did not receive this as I spilt up with him and he did not give me any letters, it was not until later that bailiffs turned up at his property that he told me. Therefore I was scared to give DVLA my current address as I did not want bailiffs at my house. I now received a new PCN which i think was due to sitting in residental parking , It is a letter from Ealing council in London stating that a PCN was sent to the previous house in concern of legislation, this is usually the address to which the vehicle was registered with the DVLA at the time of contravention occurred unless an alternative address had been provided. As the sum due has not been paid a warrant has been issued to remove goods if not paid in full. IT STATED. I have a learning disability, and anxiety. I will write a letter to state I am self employed as I trying to legally start. Any help Can I have this sent aside, put back to court for the original charge and what about my ex driving for the first contravention, I cannot prove this??
  11. Hi folks, long time no posts. Been very ill with long term major depressive disorder amongst other things. The story. Was long term sick from civil service, put onto half pay which was paid by SSP from November 2015 to may 2016. During same period was 'single' as ex wife upped and left because of my sickness in 2015 (nice of her to support me) Applied for single person CT relief and was granted, although there was part of a joint bill still outstanding that i owed. Nobody to advise whether i could claim full relief/benefit due to being on SSP for that 6 month period. Didn't make any claim, couldn't cope with life. My head was well and truly gone. My mental health took a turn for the worse and i was off work for a further six month period where i had zero pay, no SSP but managed to keep myself housed and fed by borrowing from family and friends to pay rent and ate basic food; all whilst i was dealing with a legal issue regarding my early ill retirement issue with legal assistance from union. During the zero pay period i had claimed ESA although only received payment for about a moth before it stopped. I didn't know why it stopped; the guy at the hub said i was getting it. My mental health was bad and i just went along in my own crazy little world, out of it on my meds for chronic pain and depression. Didn't care, was suicidal and in self destruct mode in many ways. Eventually i got pensioned off in November 2016. Lump sum paid into bank and approx 1k monthly ill health pension is being paid every month. I had 20 years service with civil service dept before retirement. So, still away with the fairies, still very sick and still on the happy pills i had cash in the bank and some income coming in to eat and pay rent whilst i find a cheap house in the auction to live in without a mortgage by using my lump sum to buy a small house outright. I was financially able to pay back friends and family so paid them asap as the relationships were starting to get strained. I didnt want to lose the only friends i have, being chronically depressed you need some support and life is lonely enough as it is. Out of the blue last week get a letter from ESA that i was to be put on contribution based ESA from November last year which was to be back dated and they also paid a back dated sum for all the payments they didn't give me that were due from June last year until last week. This has been now been swallowed up in other debt payments. No explanation as to why i wasn't paid Now i have some pension money in the bank for a house, a letter that says i am and was entitled to ESA from May 2016. During this time i did not pay council tax, couldn't pay it as i had no money coming in. I had previously wrote to the council and told them of my woes although i cant recall ever making a claim for benefit using an official form. I had told a council guy on the phone once that i was getting ESA because of zero income. Then i had a note from Swift so i sent them the report from my consultant, a vulnerability notice that i had got from another bailiff over unpaid speeding fines (another long story) together with an updated report from my doctor, which cost me money. Now Swift have been chasing me for council tax from 2016-2017, after i sent them the forms and consultants report i heard nothing until they turned up yesterday. Arrogant young kid, i had taken my meds so he was lucky i didn't take his head off and shove his recording device camera up his jacksy!! I have these turns where i lose control when under any kind of pressure from perceived authority figures. At 140kg and 35 years in martial arts and a champion boxer in my youth the community psychiatric team have their concerns although i manage well with my meds. Anyway......................... I paid the outstanding bill from when my ex wife and i were together. I kept the Swift kid outside event though he asked to come in. No warrant no entry. He added on a fee to what i had owed in council tax and i took that one on the chin. I told him that i disputed the other outstanding amount because: A. I was entitled to single person discount during the chargeable period that they say i owe. B. I was claiming SSP and then ESA for the whole of that chargeable period and should have had some reduction C. I am vulnerable and have little in the way of support. He says he will come back in 2 weeks after i contact the council. I have written to them via email and they have not yet replied. This Swift goon was talking about £1800+ no way i owe that!!! I can and will pay what i truly owe in CT out of my pension lump sum, however i don't agree with paying any charges, paying any more than i was supposed to pay bearing in mind that i was on SSP and ESA at the relevant time. In any case i don't want these people at my door, it sets me off, the hairs go up on the back of my neck and i don't want to hurt anyone, don't want to get locked up so that's why i keep away from conflict as much as possible. I have sent them my vulnerability and psychologists reports previously. I never called their office because i was so wound up, in any case experience tells me that i will get nowhere with the call centre staff as they are mostly buffoons and scoundrels that try and hoodwink people into paying as they are also on 'commission'. I would have ended up getting even more angry and that doesn't help. My head went after he had gone and i had another mini breakdown. Got the knives out of the cupboards etc. Was supposed to go to my brothers wedding today but cant face the world so cancelled at last minute Will i get anywhere with this battle? I have read numerous threads here that state that once its gone from the council to the Bailiffs then it is out of the councils hands. I don't agree with this as the bailiffs are collecting on behalf of the council and are therefore 'agents' of the council under contract. Regardless of my point of view on the matter, how can they (Bailiffs) try and extort an alleged debt (CT) that i don't actually owe (based on the fact that during the relevant chargeable period i was sick, claiming SSP and ESA with zero income) Long story, bad situation for me. I don't want to evade my liability, however i also don't want to pay that which i don't actually owe! Especially to scoundrels like Swift, sending out these young athletic steoid type men trying to intimidate and hoodwink people. Any advice welcome. Thanks
  12. Please can someone give me some advice about County Court Bailiffs and what powers they have? It is a bit of a saga which has ended up with having to borrow money from a pay day lender, not being able to keep up the repayments, interest spiralling and a CCJ issued. I offered payment which I could afford to the Court to stop the CCJ but it was ignored. Contacted the company before it went to Court and offered payment and asked for original papers this was ignored. Got home today to find a letter from a County Court Bailiff in the post. Bizarrely, the letter said he visited my home, but the envelope was clearly stamped and delivered by my postman. He is demanding attendance at the County Court Bailiff Office, is this obligatory or can it all be done by email/post? If he does come back, does he have a right of entry?
  13. Hi All, im looking for advice. On Monday 13th March a bailiff came to my door saying he had a warrant to enter and search my home with the intention of removing goods. I asked him why and was told that my son had an outstanding court fine for running a red light last summer some time and that it had not been paid so he was here to collect the debt in full or recover goods to the value of. He said he had a locksmith, removals van and the police on route but if I let him in peacefully and paid the outstanding amount he could cancel the police and locksmiths presence. I refused and said I would try to get hold of my son but he said it needed to be paid straight away and said if my son or myself could not the full amount of £561 within the next 10 minutes he would proceed with forced entry. After 15 minutes of trying to reason with him whilst also getting my granddaughter ready to go out and get my nephew from play school I said that if I found him in my house when I got back that I would call the police myself. Eventually he left leaving a card that said notice of intention to enter @ search your premises -removal notice and told me to ring him later that day to arrange payment. I told my son all about this later that evening and he says he knows nothing about any court fine and has not received any letters r notices in the past. On my return from the play group I did some research on line and found that he did have the right to force entry and remove my goods unless I could prove none of it was my sons, I tried to message him to find out which court the fine originated from and the exact date of it. He didn't reply. He came back yesterday morning with the same intention of removing goods, bringing a van, locksmith and police but this time he was able to get hold of my son on the phone and insist he pays the debt there and then or he would again proceed with entry. My son said that he had no knowledge of the debt, what it was for or when it was issued but to keep the bailiff away from my door he tried to negotiate a payment plan of half today (yesterday) and half next Thursday. This was refused he told the bailiff he would get back to him. The bailiff left after 10 minutes but said if the debt was not settled by 8pm he would be back before 9pm. Later my son told me that he had phoned the court and find out what he could do, he was informed that as he had no previous knowledge of the fine that he could apply for a statutory declaration and have the case reheard if he pleads guilty. What can I do in the mean time to stop the bailiff entering my home and taking my possessions whilst waiting to get the declaration and the court date. The bailiff as informed of my sons plan of action but insists he will be back today at some point to make an actual enforcement as he has already wasted 2 days here. What am I to do, im at my wits end, I have my 2 year old granddaughter here during the day and my 27 year old son who has a severe learning disability. Can some please advise thank you
  14. I have got an ccj against me from Cabot financial we have had a visit from an county court bailiff regarding this of which I refused to deal with him and certainly did not get entry into my property I have now received a final notice letter stating that they have no alternative but to attend with vans and porters to remove our goods for sale am I right in thinking that unless they gain peaceful entry this will not happen I do not own a car and they is nothing of any value outside Thankyou for any advise in advance.
  15. Good morning A bailiff attended my mother in laws address to retrieve payment of near £1200. The debt is owed by her step son for driving offences. We only know this much because we read about it in the newspaper. The step son used to live at the property over 2 years ago - and hasn't since. The family no longer speaks to the son, and the bailiff visit came as a bit of a shock. The bailiff was rude, arrogant and happy to shout out repeatedly that he was going to take goods if she didn't pay - making a scene presumably for effect - he even threatened to ring the police... My step mum was frightened and didn't know her legal rights - and reluctantly paid £500. It was 7am and she had work and just wanted them to clear off. Just under 2 weeks previously, they had posted a leaflet with a contact number on - which father in law called and explained to the bailiff that the debtor was no longer associated to this address - and hadn't for some time. We have since contacted the courts - and they have told us that we shouldn't have paid. The court also told us the bailiff had a Warrant of Order - and should not have threatened to take stuff or call police once informed the debtor didn't live there. From what I have read up - this is the typical bullying behaviour that Marstons are seemingly licensed to employ. I have contacted Marstons and been fobbed off with an email address to complain to - interestingly they did tell me that their agents wore body cams - however I'm betting that this agents probably 'malfunctioned' during this visit as he certainly did not conduct himself appropriately. Where do I stand with this? The likelihood is now that they have had a payment - they will return for the rest. Is there a way I can challenge their initial visit and reclaim the money paid - purely because of their threats rather than culpability? Any help is greatly appreciated. Cheers
  16. Hoping someone can help. I was in a payment plan for paying council tax - missed one payment so the whole amount was due - I managed to pay it all off directly to the council. However, shortly after paying it off in full. I received a letter from the bailiffs warning about an enforcement visit and adding £75 to my outstanding amount (the total amount included £300 (the final payment of council tax). I logged into my council account and balance was £0 I assumed that there was a cross-over - I left a phone message with the bailiff explaining it had all been paid and also sent an email to the council and the enforcement company. Heard nothing more, until I returned home to find a letter from the bailiff demanding £75 + £235 for a visit = £310 in total. Can they do this? Are they allowed to add charges to their fees. At a push I would pay the £75, but the £235 seems silly as they were trying to collect a debt under an order that was already paid. The council have confirmed I owe them nothing and say the fees are a matter between me and the bailiff. What do I do??
  17. Hello everyone!!!!.... I've just joined this forum as ive been experiencing problems with bailiffs and there is a lot of good advice on this site so I would love people to give me some advice, especially from Tomtubby. 1. I received a PCN on 18 March 2012, by the Royal Borough of Windsor and Maidenhead Council, My appeal was rejected and the parking team advised me to make a further appeal via NTO. 2. On 20 June I telephoned the LA to advise that I had not recieved the NTO and they advised me a NTO was sent to my previous address. This was because at the time I hadnt yet notified the DVLA of my current address changes. The LA advised me to change my address with the DVLA straight away, which I did imediately and they also advised me that I could still make an appeal against the NTO even though it had gone past the 28 day period due to the fact that i had not recieved it. The LA took down my current address changes over the phone and in the appeal by email to the LA I also mentioned again that the NTO had been sent to my previous address. 3. I did not receive any responce to my appeal from the LA and naively thought that no news was good news and I assumed that my appeal against the PCN had been accepted. Little did I know that the LA had actually not responded to my appeal and they carried on to send all further correspondance to my PCN to my old address. 4. The next time I heard about the PCN since appealing in June 2013 was a letter from Rundles Bailiffs dated the 7 November demanding 95.44 for an unpaid parking charge. I explained to Rundles that there had been a mistake and that the PCN was sent to my old address. There reply was that they could not hold off any action against me as a warrant had been issued against me by the TEC. 5. I telephoned Windsor council to ask for advice and they advised me that the matter would be passed on to the relevant department. 6. On the 20 Dec 2013, I recieved a 2nd letter from Rundles saying they have been trying to contact me regarding the warrant but I had only received one other letter which was the first i had received from them on 7 November.....I did not contact Rundles to discuss this matter with them as decided there was no point as they would just demand the debt be paid, so I telephoned the Windsor parking team again and explained the situtaion to them AGAIN!! and I asked them what I should do regarding this matter. I spoke to about four different people who all gave me conflicting advice on what to do. I then sent an email to the parking team explaining the situation. 7. To date I have not received a responce from the windsor council. 8. On the 14 March 2013 I recieved a letter from Rundles in my absence demanding 450.64 and a note was left on my car saying that my vehicle has been imobilised and not to move the vehicle. As I was not present when the bailiffs came to my house, I later learned from one of my housemates, as I live in a shared house, that my car had been clamped at 8am but they must have taken the clamp off my car as later it was gone. I spoke to Rundles later that day pleading with them not to come to tow away my car as they were threatening to come back later that day to tow it away. They have admitted clamping the car and also removing the clamp too. 9. I went to the CAD for advice on the 14 March and they advised me to phone the national debt line who advised me to send a complaint letter to the council and also to send a letter to Rundles to put the matter on hold, which they keep refusing to do. I sent off both letters on that day. 10. I asked Rundles in writing why they have iliegally clamped my car to which they replied it was legal due to the warrant. 11. After many emails later to Rundles, they have agreed to put my account on hold for 1 week until the 4 April, which is today, so I am scared that they will be coming to tow my car anytime and live in fear of this. I emailed Rundles today informing them I have sent off TE7 and TE9 froms to the TEC and to hold off further action, which I am sure they will refuse to do. I also explained that I am awaiting a responce from the Windsor LA regarding my formal complaint to them. 12. Since 14 March I have been reading lots of forums on this website regarding bailiffs etc and decided to send a TE7 and TE9 to the TEC, which I posted to them 2 days ago on the 2 April, but I fear after reading one of the forums on here that my TE7 will be rejected due to it been sent too late, but if I had known in the beginning back when I received the first bailiff letter that all I needed to do was to send a TE7 and TE9, I would have done that in the first place. I phoned the council up straight away about this matter on the 7 November and they gave me the wrong advice on what to do and it wouldnt of got this far if they had advised me correctly, but none of them seem to know what they are doing there!!!!! I wish I had known about this forum before now! Is it too late for my TE7 to be accepeted???? I would greatly appreciate any advice especially from Tomtubby!!!
  18. In view of two similar threads regarding right of forced entry for criminal fines, it might be good to clarify the situation where the front door of the debtor's residence is not immediately accessible: Flat block with secure entryphone system no trade button Postie has access code Flat block with secure entryphone system with trade button Secure OAP extra care facility with entryphone, Resident might have a speeding fine for their mobility scooter when plates were cloned or camera garbles the reg no of a speeding car (actually happened to a Flint Pensioner) Gated development with entryphone to street gates are 2 meters high and electrically operated by keypad and phone to residence Presumably unless they get in when someone lets them in or they ring flats at random hoping someone will let them in they cannot force entry to the external main door.
  19. Hi all, just for bit of advice really. Few months ago I had a court fine of around £200 for motoring offences. Sorted out a repayment plan but payment card never came and lost the original letter (kids tidied up!) and couldn't contact the court as I didn't know the name of the court. Around the second week of December I received a letter from Collectica saying the debt had been passed to them and they wanted payment of £276.54 in full. I couldn't pay in full as I'm a single parent, currently on JSA as I lost my job in Sept I called them and they came up with a payment plan, that I also couldn't afford to pay. (they wanted £82.98 within 2 days and I only had £115.34 to my name and that had to last a week get food shopping, kids school lunches, gas and electric). I asked the guy on the phone what would happen if I couldn't pay and he said I would probably receive another letter and they would add £75, which I thought was fair enough, after christmas I would have been able to sort stuff out (Fingers crossed. I was also due to start another job which fell through on tuesday). Lo and behold I had 2 bailiffs turn up at my door this morning asking for payment of £511.31. I explained to them I don't have that kind of money or access to that kind of money, all my family work and have bills of their own to pay, and my kids father isn't worth asking. I let them look around my house, everything I have in here worth anything is in my kids room, which they explained, thankfully, they can't touch or even go in. The guy was kind of sympathetic, didn't take any inventory of anything but did state he can take everything from my front room, kitchen and my room (all of it still wouldn't come near to £500 as its all second hand or broken) and have given me until the 31st of December to pay. I've just worked out if I kept every penny I get up until the 31st I still won't have enough to pay it, or enough to cover what they take. He already said they would come back with a locksmith if I don't pay. What can I do now? I gathered by his tone he wont budge on the date. I can't get money from anywhere to help.
  20. The Local Government Ombudsman's office has just released the following decision. Re: London Borough of Haringey. The complaint 1. The complainant, who I shall call Ms A, complains the Council allowed her to make payment towards an outstanding Penalty Charge Notice (PCN) although it had passed the matter to its enforcement agents (bailiffs), incurring additional costs. What I found 4 The Council issued Ms A a PCN for a parking contravention on 29 September 2015. Ms A did not pay or make formal representations against the PCN so the Council pursued the debt against her. It issued a warrant of execution and passed the debt to its bailiffs to enforce on 16 June 2016. 5. Ms A made a payment of £97 for the PCN using the Council’s online system on 23 June 2016. However by this point the Council had already passed the case to its bailiffs, incurring further costs. Ms A says she paid the fine so bailiff action should cease. However, the Council says she is still liable for the bailiff fees. Ms A says the Council should not have allowed her to make a payment online when the case was with its bailiffs. The Council confirmed it passed the debt onto the enforcement agency on 13 June because it had not received payment and sent a Notice of Enforcement on 16 June. 6. Ms A complained to the Council that she had not received the statutory notices the Council says it sent. The Council confirmed it sent the notices to the registered keepers address. These included the Notice to Owner, the Charge Certificate and the Order of Recovery. Each notice summarised the amount due at each stage. The Council said Royal Mail did not return the letters as undelivered so considered them served. The Council included copies of the notices it sent to Ms A in its response to her complaint. 7. A motorist may make part-payment towards a PCN debt and there was no reason for the Council to refuse Ms A’s payment made on 23 June 2016. Ms A sought to challenge the Council’s action but was unsuccessful, and the Council is therefore entitled to pursue the debt against her, including by passing the case to its bailiffs. Ms A made payment only after the case had been referred to bailiffs and the Ombudsman cannot therefore say she is not liable for the bailiff’s fees. The Council’s acceptance of Ms A’s payment has also not caused Ms A an injustice as it has been put towards the cost of the PCN and bailiff’s fees incurred to pursue it. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/16-008-073
  21. Hello I had a dartford crossing penalty charge that I never paid as was in & out of my property due to domestic violence issues. Equita now have the debt. On the 7/2/2017 they gave me an enforcement notice after only having my debt since 27/1/2017, the notice stated I had until 17:30pm on the 7/2/2017 to talk to them before a bailiff was sent to my house. I was not at my property to recieve this letter to meet their deadline so it went unnoticed. I called equita as soon as I returned home to explain my situation & they just said it's in the hands of their enforcement officer now so deal with him. What a monster this man is!! He has told me I am to pay him £50 a week or the full debt, I'm on ESA & currently awaiting a decision on my pip award, I told him I don't even have £50 a month but could do £20 a month at a push. He refused & said he will return to my property with the police to take my goods this was on the 18/2/2017 On the 20/2/2017 he came to my property but I was not home. He then sent me this text: Due to your failure to pay a Bailiff, under the instructions of Her Majesty's Court and Tribunal Service has attended your premises with the intention of taking control of goods and removing your goods. The Magistrates Distress Warrant empowers the high court enforcement agent , by virtue of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004, to enter your premises by force should you wilfully refuse to pay the outstanding fine and costs. To prevent the removal of your goods and the expensive additional removal costs you must make immediate payment. Failure to do so will result in the re-attendance of your premises with Locksmiths and the Police to remove your goods even in your absence. NO FURTHER NOTICE WILL BE ISSUED. Is he just being a bully or can he really get a locksmith to drill out my locks while I'm out over a dart charge penalty? I thought it was only council tax, HM revenue tax debt or criminal fines they could do this. I have a debt relief order coming into place in about 10weeks which this debt is included in but until this locks in I'm stuck with it. What am I supposed to do about this bully?
  22. Hello Someone was renting my flat and then left. He believes that I have withheld all his deposit (which I did not, only part of it was withheld for damages). He applied to the County Court to recover the monies but the mail was sent to the flat where I no longer live. Consequently I did not receive the letter from the Courts, or I would have challenged the claim. I have just received a Notice of Enforcement followed by a further letter stating that their Enforcement Officer attended my new flat but was unable to meet up with me to discuss payment. They state that as they were unable to recover the full amount, the enforcement of the Writ has escalated to Stage 2. Apparently this is over £3k. I do not even know how this amount has been arrived at as the rent was under £600 per month. What are the options now open to me? Any advice would be greatly appreciated. Cal
  23. My ex gf of 5 years has just got a marston notice of enforcement letter in the post for me for a non payment of congestion charge going back to 2009, yes 2009!!! she is very worried that bailiff will knock on her door etc, i moved out 5 years ago and no longer have the vehicle in question, this is the 1st ive heard of this and dont want to give my ex any stress. so my questions are, is this still valid after all this time? is the notice from the bailiffs valid? what can i do to stop this action? any help please rich
  24. A mate in a company liveried van was attempting to deliver a parcel to an address, where a bailiff was hammering the door, the bailiff wanted to take the parcel, courier refused as he said bailiff was not adressee, bailiff asked couriers name, he refused, told courier would be done for obstruction and wrote down van registration number, what are the chances of plod following this up The bailiff frightened the excrement out of him he ran back to the van put the parcel in and drove off after leaving a calling card? I told him no chance parcel technically is not owned by occupier until signed for.
  25. Hi All, I could really do with some expert help here! A Bailiff visited me on 29/11/16 to collect money for an issue that i had no prior knowledge of. The bailiff told me it was for driving without insurance (something i have never done and can prove), and that is all the information i have. I want to do a section 14 statutory declaration, but have no information about the court hearing / date / court etc. How do i find this out without contacting the bailiff? I dont want them to find out im trying to stop them, and put further effort into recovering the money!! The only information i have on the final notice is a reference number and the client which is HMCTS London NW. Any ideas?
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