help with bailiffs

[linzi1uk]

Hi everyone,

I am looking for a bit advice, Last year I was late paying my tv licence and a guy from the tv licencing came out I filled in forms to pay by direct debit, i thought thats was it, until 2 month later I had a letter from the county court over it, I was fined £120 and because i didnt pay in 2 weeks the debt was handed over to the bailiffs they added £100 on so the total was £220, I sent them 4 cheques topay them £50 a month, but they sent them back saying it had to be paid immedietly, A week later a removal note has been put through the door totalling now owing is £405, which says

 

Please not that the amount now due is £405.00 inclusive of charges of todays attendance, If this amount is not paid in full immediatly, a further call will be made, WITHOUT NOTICE to effect REMOVAL for sale at public auction Such action will render you liable to further substantial costs.

 

any ideas of what I can do, I have never signed anything and this is the first time a note has been put through the door Im a single parent with 3 kids not got a clue where im going to get £405 from, I was thinking sbout getting a provident loan or a payday loan and worrying about paying that later

any help appreciated

[tonycee]

Hi linzi..

 

Have a read through this>>>>>>HERE

 

Try not to worry, there is hope...

[linzi1uk]

thanks, i feel like im going insane cant stop thinking where im going to get the money from, I only had the letter from the courts telling me id been fined at the begining of march since then its gone up £300 in bailiff charges

[tonycee]

Their letters are designed, and work, in a lot of cases, to frighten people.

 

You are right not to let them in, and dont sign anything EVER.

 

Their fees are illegal and far to much...

 

Do you have any proof from tv licensing or your bank that you set up a new D.D. ?

[tonycee]

Linzi......

 

This is what i would do for now...( in red )

 

I have posted another good site >>>>>>HERE

 

I would give them a FREE call ASAP for advice.

 

In the meantime, if anyone has any other suggestions..

 

 

 

What should I do if a bailiff is about to visit my home?

Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees.

Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.

[linzi1uk]

thx

do you know if I have to go to the county court where the fine was issued?

Im more annoyed because the county court didnt even give me a 14 days to pay them before i got the first letter off the bailiffs

 

Thanks for your help ill try that tommorow

[tonycee]

You can fill in and download HERE

[tonycee]

I will look in 2morrow....

 

Do try to rest.....I know ( believe me ) what its like when they are getting heavy....

 

The MOST important thing to remember is..

 

They have NO POWERS unless you give it to them..

[linzi1uk]

thx for that but not got a printer so I will go to court tomorow and fill it in there

What do you think I should do in the meantime if they come back?

[tonycee]

Do not let them in EVER.

 

Do not sign anything EVER.

 

Inform them you are aware that their charges are excessive and unlawful, and you will be reporting them to the relevant authority.

 

Tell them they will be hearing from the local courts in due course.

 

Be strong. Mean what you say.

 

Then watch them crawl away, back to the gutter that they appeared from..

[linzi1uk]

thanks

thats what ill do, they ve annoyed me that much there not getting anything, ive not even signed a walking possesion but they charged me for a van the cheeky mares going to fill in the court form today , Ive got 2 staffordshire bull terriers to look after me anyway they wouldnt get out of this house alive,

I wish id of known all this in Nov I ended up paying £800 in november for a £200 council bill really messed up xmas

Oh one more thing if i fill the court form in to suspend the warrant do I include there charges or just the original fine

 

Thanks

[sillygirl1]

Include their charges, after all it's the court who appointed them to collect the debt.... you can do this as a separate part of the claim if you want but I'd include them in the total...

 

Ask for the charges to be recinded by the court as they were not levied correctly and provide evidence of this as well.

 

You could also fill in a form and put a complaint in against the bailiffs (and the ones in November) to really put the lid on their behaviour.

[tonycee]

Hi linz.

 

Hope you are feeling more positive about the situation.

 

Do you have any documentary evidence that they have been overcharging you by several hundred pounds..?

[linzi1uk]

hi tony,

 

thx for all your help, I sent the suspension form to the court today, i have got all evidence from there letters although i did get it a bit wrong ( cause I was stressed)

My fine was £180

Then the 1st letter that came off the bailiffs it totalled £230

thats when I sent them 4 cheques for 57.50 over 4 mths which they returned as they wanted full amount, a week later a removal notice was put through the door with a new amount of £420.00

 

I think that was because they had brought a little van even though I havent even signed a walking agreement so am I right in sending the suspension form in or do you think it has gone too far

Should I write to the bailiffs and tell them what i have done

[John McKenna]

linizi1uk,

 

TV Licensing fines are issued my the MAGISTRATES COURT, not the County Court as you said in your opening post. As such, the form tony suggested you file at the Court is useless and won't get you anywhere I'm afraid.

 

As for the suggestion the fees are "illegal", I suggest you take that up with the HMCS. The fees for Magistrates fines are set by HMCS with the bailiffs and are standard across the board.

 

Admin for Fine Amount

Admin for Fine Amount > £400 = 20% of fine

Attendance = £175

 

The admin fee is applied when the warrant is received and a letter sent to you giving 7 days to make full payment.

 

If full payment isn't received the warrant will be issued to a bailiff to attend.

 

There is no levy fee involved anymore and any payment plan offered as per the wording in the HMCS contract with the bailiffs is on the proviso that the debt is secured against your goods FIRST. The latter part of this proviso is always conveniently ignored by forum folk though when advising people such as yourself on this forum.

 

Bottom line? Everything has been done by the book it would appear. You've had the fine, you've known about it, you haven't paid it and a warrant has been issued for the collection of the said fine. The bailiffs have sent you a letter requesting FULL immediate payment and you've sent them post dated cheques over a four month period which they can't accept due to the restrictions of the HMCS contract (part payments must be secured against the debt and cleared in full within 60 days).

 

Advice from a bailiff? Pay the man!!

 

 

*waives to tonycee*

[tonycee]

I was fined £120 and because i didnt pay in 2 weeks the debt was handed over to the bailiffs they added £100 on so the total was £220, A week later a removal note has been put through the door totalling now owing is £405,

 

As for the suggestion the fees are "illegal", I suggest you take that up with the HMCS. The fees for Magistrates fines are set by HMCS with the bailiffs and are standard across the board.

 

Admin for Fine Amount

Admin for Fine Amount > £400 = 20% of fine

Attendance = £175

 

 

 

Advice from a bailiff? Pay the man!!

 

 

 

Linzi.

 

Even by the bailiffs own admission, the figures dont add up, and are therefore excessive and illegal.

 

I would take advice from the court issuing the fine if i were you.

 

You can apply to have a means enquiry HERE where you can agree an affordable amount.

 

THEN the bailiff will have to crawl back under his stone..

 

 

**Sticks two fingers up to John McKenna**

[linzi1uk]

yep ive had a look at that site it suggests i go to the court and see the fines manager, i will go tommorow and explain to them my situation, Ive got my house up for sale because there was a repossesion on it because of arrears.

[tonycee]

What Mr McKenna says is, within reason, true.

 

Although the sums dont add up. Nothing new there then.

 

But that doesnt mean you have to let them in, or sign anything.

 

I read somewhere that 59% of fines are returned as uncollectible.

 

I have an outstanding fine from Sept 2005 of £600 up to £2000 now with costs..I have refused to pay it while their fees are under dispute.

 

Get yourself a means test, and offer £1 week or so.

 

Try not to worry to much, the saying goes,

 

Theres more than one way to skin a cat, or bailiff.

[tonycee]

yep ive had a look at that site it suggests i go to the court and see the fines manager, i will go tommorow and explain to them my situation, Ive got my house up for sale because there was a repossesion on it because of arrears.

 

One step at a time, but there is some REAL advice on here about Mortgage arrears, and claiming back charges applied to your account.

[linzi1uk]

How do I get a means test,

[seanamarts]

linizi1uk,

 

TV Licensing fines are issued my the MAGISTRATES COURT, not the County Court as you said in your opening post. As such, the form tony suggested you file at the Court is useless and won't get you anywhere I'm afraid.

 

As for the suggestion the fees are "illegal", I suggest you take that up with the HMCS. The fees for Magistrates fines are set by HMCS with the bailiffs and are standard across the board.

 

Admin for Fine Amount

Admin for Fine Amount > £400 = 20% of fine

Attendance = £175

 

The admin fee is applied when the warrant is received and a letter sent to you giving 7 days to make full payment.

 

If full payment isn't received the warrant will be issued to a bailiff to attend.

 

There is no levy fee involved anymore and any payment plan offered as per the wording in the HMCS contract with the bailiffs is on the proviso that the debt is secured against your goods FIRST. The latter part of this proviso is always conveniently ignored by forum folk though when advising people such as yourself on this forum.

 

Bottom line? Everything has been done by the book it would appear. You've had the fine, you've known about it, you haven't paid it and a warrant has been issued for the collection of the said fine. The bailiffs have sent you a letter requesting FULL immediate payment and you've sent them post dated cheques over a four month period which they can't accept due to the restrictions of the HMCS contract (part payments must be secured against the debt and cleared in full within 60 days).

 

Advice from a bailiff? Pay the man!!

 

 

*waives to tonycee*

Advice from a law abiding citizen? Empathy costs nothing maybe you should get some and that advice was free.

[tomtubby]

Originally Posted by John McKenna

linizi1uk,

 

TV Licensing fines are issued my the MAGISTRATES COURT, not the County Court as you said in your opening post. As such, the form tony suggested you file at the Court is useless and won't get you anywhere I'm afraid.

 

As for the suggestion the fees are "illegal", I suggest you take that up with the HMCS. The fees for Magistrates fines are set by HMCS with the bailiffs and are standard across the board.

 

Admin for Fine Amount

Admin for Fine Amount > £400 = 20% of fine

Attendance = £175

The above is WRONG. There is a different fee scale for EACH of the three companies that have been awarded these contracts: Marston Group (Drakes), Philips & Swift. Our office have both the fee scale....and the copies of the contract.

I am also confused at your comment about payment plans being agreed subject to securing goods first......this is NOT in the contracts that I have seen.

It may be what your companies are telling you is in the contract.......

[linzi1uk]

no payment plan has been agreed as they sent the cheques back to me, I havent spoken to a bailiff, or signed any walking possession so im not sure where you get that from

[John McKenna]

Originally Posted by John McKenna

linizi1uk,

 

TV Licensing fines are issued my the MAGISTRATES COURT, not the County Court as you said in your opening post. As such, the form tony suggested you file at the Court is useless and won't get you anywhere I'm afraid.

 

As for the suggestion the fees are "illegal", I suggest you take that up with the HMCS. The fees for Magistrates fines are set by HMCS with the bailiffs and are standard across the board.

 

Admin for Fine Amount

Admin for Fine Amount > £400 = 20% of fine

Attendance = £175

 

The above is WRONG. There is a different fee scale for EACH of the three companies that have been awarded these contracts: Marston Group (Drakes), Philips & Swift. Our office have both the fee scale....and the copies of the contract.

 

I am also confused at your comment about payment plans being agreed subject to securing goods first......this is NOT in the contracts that I have seen.

 

It may be what your companies are telling you is in the contract.......

 

 

 

 

Thanks for the info about the fee structure being different from company to company. I'd be interested to see the other fee structures if you could pm me with the details.

 

As for my comment about payment plans, it was in response to one of your posts where you pasted a section of the contract on the forum for all to see. I even pm'd you asking you to comment further but you must have missed it. Anyway, I'll quote you.....

 

The relevant clause says the following:

 

Clause 1.8 (In Respect of Distress)

 

1.8

Upon contact with the defaulter, the authorised employee will seek with the following to:

 

Obtain full payment

 

If full payment cannot be obtained to effect a levy upon goods

 

If a specific levy is made, agree a payment plan, providing a part payment is made at the time of contact and full payment will be completed within 60 days of issue of the warrant.

 

1.9 If payment in full is not forthcoming after contact is established, or after non-compliance with a payment plan, the contractor will issue notice of attendance to remove goods.

 

1.10 The contractor shall use it’s discretion in granting time to pay and accepting part payment, subject to payment in full being completed and funds cleared and paid to the court within 60 days from the date of the first visit to the defaulter and in any event within 90 days from the date of issue of the warrant.

Now maybe you read this differently from me but from my perspective, if full payment cannot be obtained the Court expects the debt to be secured against the goods in order for a payment plan to be offered.

[linzi1uk]

youre getting me confused with somebody else because i havent pasted anything on here or recieved a pm from you