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Hi guys

I had a visit a day or two ago from a nice (ha) lady bailiff from drakes now this is in relation to a speeding fine unpaid

what happend was i made an arrangement with the court to pay in installments however i have been off work sick for 12 months and money ran tight so i didnt make a payment for 6 weeks when i phoned up to pay again in october i was told by the central payments office that the matter was now with drakes and i would have to wait for the matter to be returned to them

with this i spoke to drakes explained i couldent pay the £150 they now wanted up from £100 and they would have to return the case to

the courts the girl on the phone said fine i will put on the notes

anyway next thing i know a bailiff is on my parents doorstep as i was staying with them when this case went to court

but lucky i was at my parents at the time she told me she wanted £325 no negotiation she would give me till friday i explained i did not live at that address and gave my correct address to be told well that dont matter the warrant is at this addresswe will be coming back here i explained i was off long term sick and if i couldent pay them £150 in oct how did she think i could now pay £325 then i was told to my astonishment that when i had phoned in oct i had agreed to pay by end of november

anyway i continued to explained i did not live there i didnt have the money and i owned nothing they could take to which she replied well you will be going to prison then, at this point i had had enough and told her whatever

after this conversation i spoke to the payments office again and

they had notes about my special circumstances they told me to explain to the bailiff and ask them to return it to them as they cant request it again the bailiff tells me the only way it will be returned is if they exchange it for a warrant for my arrest i did explain to the bailiff i aint green and it wont be exchange untill i had been called to court for a means enquiry to which i was told oh no its not like that now we just swop it for a warrant for commital to prison (ha ha)

i must say the girls at reading magistrates have been great they have told me when the bailiff rgets the message i cant pay and i dont have anythig they will return the warrant an i will be able to call and arrange payment without any of the bailiffs fees

 

1 can they take anything from my parents address i have notified them and the courts of my address in writing

 

2 i have told my parent if they show up again to show them there tenancy aggreement and if they then refuse to leave call the police

(is this correct)

 

any advice welcome

ps the bailiff on the doorstep is the first i knew no letter no calls

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Hi guys

I had a visit a day or two ago from a nice (ha) lady bailiff from drakes now this is in relation to a speeding fine unpaid

what happend was i made an arrangement with the court to pay in installments however i have been off work sick for 12 months and money ran tight so i didnt make a payment for 6 weeks when i phoned up to pay again in october i was told by the central payments office that the matter was now with drakes and i would have to wait for the matter to be returned to them

with this i spoke to drakes explained i couldent pay the £150 they now wanted up from £100 and they would have to return the case to

the courts the girl on the phone said fine i will put on the notes

anyway next thing i know a bailiff is on my parents doorstep as i was staying with them when this case went to court

but lucky i was at my parents at the time she told me she wanted £325 no negotiation she would give me till friday i explained i did not live at that address and gave my correct address to be told well that dont matter the warrant is at this addresswe will be coming back here i explained i was off long term sick and if i couldent pay them £150 in oct how did she think i could now pay £325 then i was told to my astonishment that when i had phoned in oct i had agreed to pay by end of november

anyway i continued to explained i did not live there i didnt have the money and i owned nothing they could take to which she replied well you will be going to prison then, at this point i had had enough and told her whatever

after this conversation i spoke to the payments office again and

they had notes about my special circumstances they told me to explain to the bailiff and ask them to return it to them as they cant request it again the bailiff tells me the only way it will be returned is if they exchange it for a warrant for my arrest i did explain to the bailiff i aint green and it wont be exchange untill i had been called to court for a means enquiry to which i was told oh no its not like that now we just swop it for a warrant for commital to prison (ha ha)

i must say the girls at reading magistrates have been great they have told me when the bailiff rgets the message i cant pay and i dont have anythig they will return the warrant an i will be able to call and arrange payment without any of the bailiffs fees

 

1 can they take anything from my parents address i have notified them and the courts of my address in writing

 

2 i have told my parent if they show up again to show them there tenancy aggreement and if they then refuse to leave call the police

(is this correct)

 

any advice welcome

ps the bailiff on the doorstep is the first i knew no letter no calls

 

 

Wow Jowo,

 

What a story...Unreal, now I have no real knowledge about Bailiff's, but one thing I know is you will NOT be going to prison! Not for this anyway...LOL

 

Ok read the following as it may help if you ahve not already done so:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/115030-how-complain-court-about.html

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/107376-what-bailiffs-can-cant.html

 

and I think you are doing the right thing. They cannot take goods from anyone elses home and that is not yours (the debtor). Your "call the police" is spot on in my opinion and I hope this gets resolved for you soon.

 

Did the court issue the warrent to these bailiffs? If so then speaking to the court directly is the best thing. Make sure you also note down (for future reference) when they came, where and how long they stayed and if possible what they said...

 

You may need it at a later stage...

 

Good luck,

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

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Penfold

 

Sorry to correct you but this debt is NOT for unpaid council tax or an unpaid parking ticket but a Magistrates Court Fine.

 

In this they are "crimanal" offences in the same way that usng a TV without a licence is also a criminal offence.

 

The governmenet estimate that there are approx: 1.2 million unpaid Magistrates Court Fines and they have contracted with Phillips & Drakes to enforce these debts.

 

These bailiffs do indeed have the power of arrest and they would then have to take you direct to the court.

 

If the court is satisfied that the reason for non payment was culpable refusal or wilfull neglect then you can indeed be sent straight to prison. Believe me it does happen.......I do not wish to scare anyone, merely to tell it like it is.

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Fair enough Tom, that's me not reading properly, however, in her case if she has been off work sick for 12 months I don't think she is going to have a problem, do you?

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

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You are right to an extent but unless the courts knows otherwise you could also be off sick but own many assets and have significant funds in a bank account.

 

For this reason I would suggest that she goes to the court and ask for a means hearing which is very simple indeed. Due to the huge number of cases being brought to court, I would advise also telephoning the fines office to ask when would to go to the court as some magistrates courts restrict means hearings for set days of the week.

 

Finally, the warrant that Drakes have has a short life anyway and MUST be returned back to the court after 120 days if unexecuted .

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So she should be ok as long as she talks to the court, which from teh first post I think she is doing, right?

 

Penfold

Penfold

(feel free to click the scales on the left if I said something that helps)

Due to recent issues I have had....

All posts written by me and involving my opinions and written without any legal knowledge are....

Without Prejudice

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"i must say the girls at reading magistrates have been great"

 

The OP is a bit vague (not intentionally) about who she's spoken to; and although these people have obviously been helpful, I wouldn't be comfortable until I'd got it on record with the Court and got rid of that warrant.

Short life, well yes, but 120 days is still nearly 6 months of potential hassle.

 

A means hearing eh! So presumably the Magistrates would be being asked to vary their order? Giving more time to pay perhaps?:)

 

Chris

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Yeh thanks for the replies one correction to add

drakes bailiffs do have the power to arrest but however only after

they have been issued with an arrest warrant from the court

they cannot just arrest you with a distress warrant

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  • 4 weeks later...

My nephew has just had a Child Support Agency FINAL NOTICE served on him by Drakes, giving him five days to clear child maintenance arrears or "I will return to seize and remove goods for sale at public auction."

 

Having been unable to work for almost a year, my nephew accepts he may be now in arrears but not to the extent Drakes claim.

 

What machinery exists to help him find out his true debt? And how should he respond to Drakes' demand?

 

Any advice wouold be welcome: the lad is both worried and frightened.

 

Raeline

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