i need help again :(

[wayne12]

ok you lot helped me loads the other day but he came back

 

i was told to give him this letter

 

Dear Sir/Madam

 

 

I write further to your visit by your bailiff and confirm I classed a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives on the grounds of:

 

 

a) I am a carer of a minor who is medically diagnosed a special needs child

b) I am in receipt of a prescribed benefit

c) You are causing undue stress on the child

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I ask that you adhere to your own regulations otherwise:

 

i) you may be at risk of being reported to your certificating court on a Form 4

ii) you may be reported to police for pretending to have a right to commit breaking and entering and you risk a criminal record.

iii) I retain the right to apply for a restraining order against you under the Protection from Harassment Act 1997 which you may be liable for costs

iv) I retain and distribute your photographs for crime prevention reasons

 

Please now quietly leave the property and return the case to the court with a copy of this letter.

 

 

Yours Faithfully

 

he said the latter dose not make me exenpt from this fine and he will be back in a few days with a locksmith to get in my house can he do this i need help

Edited July 3, 2009 by wayne12

[hallowitch]

remove your address from your post

[wayne12]

this is what the ass holes left for me

 

[wayne12]

this is a link to the frist post i made over this matter

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/206238-i-need-some-help.html

[hallowitch]

he said the latter dose not make me exempt from this fine

you are not saying you are exempt from paying the fine just that the bailiff should send it back to the court

have you been in touch with the court to explain your circumstances

[wayne12]

the court said its in the hands of the bailiffs its up to them to send it back i said to him i dont mind paying it i just cant in one go he said he will be back with a locksmiff

[Ell-enn]

I thought they had to go in front of a judge to get an order to force entry?

[wayne12]

this is what he put

 

Edited July 3, 2009 by wayne12

[coppullcaveman1]

I had a similar experience on 29th of June, Same notice stuck on my front door. I telephoned the court and explained our situation to them , I further explained that I know their hands are not tied and they can request the warrant back from the bailiff. I was put on hold for a couple of minutes and then told to got to court on 2nd July (yesterday) the warrant would be suspended until then, I attended court and with the help of this group I got several fines consolidated and all bailiff action and costs vanished.

Tomtubby is your best port of call, she has all the answers I needed

[wayne12]

thanks for your help all i gave Tomtubby a pm waiting for him to get back to me

[wayne12]

he is comming back tomoz if someone out there cant help me with this that would be great thanks for reading

[coppullcaveman1]

What soes it actually say on that letter ? It stops when he writes " have no option but to ask for a .... ??

 

did you check when the fine was passed to the bailiff ? so many expired warrants are persued by these thugs. they have only 180 days before they have to return it to court

Edited July 5, 2009 by coppullcaveman1

[wayne12]

he will ask for a locksmiff to come

[wayne12]

the fine was from 2 years ago and it got passed to him a few weeks ago as far as i know i sould never of got this fine in the frist place it was in devon i got the ticket but i live in burnley and at the end of the letter it said im going to ask for a lock smiff to come to my house

[Guest Happy Contrails]

The law doesnt currently enable bailiffs who are collecting unpaid court fines to charge you any fees, they are taking out of the money from the fine that is collected agreed between the court and its bailiffs. The defendant is not a contractual party to that agreement. They can only claim 'reasonable costs' and they must show how those disbursements were made. e.g. auction fees.

 

Make a copy of the above document and make a criminal complaint to police under Section 25 of the Theft Act 1968 for threatening to commit breaking and entering without permission of a court. Enclose a copy of the bailiffs locksmith document.

 

To whom it may concern

Name of Police Station

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Report of offences committed under Section 2 of the Fraud Act 2006

 

I was visited on [DATE] by [NAME OF BAILIFF(S)] who I understand might be a bailiff from [NAME OF FIRM].

 

I have enclosed a copy of a document which was left by the bailiff and says they will return with police and locksmith. I understand this is misrepresenting his authority and commits a criminal offence. I understand no such power to break & enter my property or make threats of this nature exist without having permission from a Magistrate.

 

To assist police to perform a thorough and objective criminal investigation I enclose a copy of the document which details the name of the person making the threat.

 

I am happy to stand as a prosecution witness and provide a statement for the proceedings and you can contact me on [PHONE NUMBER] to arrange this. Meanwhile, please provide me with a crime reference number.

 

Yours Faithfully

 

Keep windows and doors locked shut, make your car safe and hand the bailiff a copy of this letter through a window if he turns up: (tweak as needed)

 

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Bailiffs,

 

Re: Your visit to [1st LINE OF ADDRESS]

 

The Authority appears to have instructed you to recover the debt from me however, as I have already cleared all debts therefore no money is due.

 

This letter gives you notice that you are being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Please be advised it is not a "criminal offence" to deny a bailiff entry to my property, if you suggest otherwise I will report you to the police and you may receive a criminal record. Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox.

 

If you fail to comply with the above or an irregularity with your fees is subsequently discovered within the statutory time limit of 6 years Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court against the bailiff in charge for dishonestly defrauding me with his fees. This may also involve a criminal investigation by police and your bailiff and your firm's principle director(s) may receive a criminal record for assisting an offender, benefiting from proceeds of crime and committing offences under the Fraud Act 2006. If you have charged VAT on your fees that are later found to be unlawful then you may be reported for VAT fraud and your documents will be given in evidence.

 

This document has been passed to you by hand and a photograph has just been taken of you standing outside reading it which will be used as proof of delivery. I now ask that you quietly leave the property.

 

Yours Faithfully

 

 

YOUR NAME

 

And send this letter tom the bailiffs office by email and by post. Tweak as needed

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

[wayne12]

how do i find out if thay have got permission to ente my house?

[Guest Happy Contrails]

Phone the magistrates court and ask whether a magistrate or judge has authorised a bailiff to commit breaking and entering at your address. Ask for a copy of the order.

[coppullcaveman1]

Bailiffs can only force entry into a property if you've got unpaid criminal fines. In any other circumstances, the bailiff is breaking the law and you should call the police.

However, bailffs can come in through an open door or window, or jump the fence to see if you've left a side door unlocked.

[coppullcaveman1]

another source the .gov website states that Bailiffs can force entry for magistrates court fines ?? I was not aware that any courts still dealt with parking fines ? Are you sure its a parking fine ? just doesnt seem right somehow.

[Guest Happy Contrails]

Forcing entry is not the same as breaking and entering.

 

Forcing entry means entering peacefully though an open door or window that is not locked. if the door or window is locked then he commits an offence. It doesn't matter if the debt is a criminal fine.

 

The legislation bleated by Marstons and Phillips on their documents is the Domestic Violence Crimes & Victims Act 2004, it sounds legalese but it only provides bailiffs immunity from criminal liability if they cause injury to a person. It provides no protection for bailiffs for offences under the Criminal Damage Act or any civil claim under the Personal Injury Protocol.

[tomtubby]

the fine was from 2 years ago and it got passed to him a few weeks ago as far as i know i sould never of got this fine in the frist place it was in devon i got the ticket but i live in burnley and at the end of the letter it said im going to ask for a lock smiff to come to my house

 

When did you know about this fine because if you did not receive details of this then you have 21 days from the date that you became aware to file a Statutory Declaration.

 

This will cease all action and cancel the fine!!

[wayne12]

well i know about it when i got it i sent the ticket to the ticket office cus it fell off the window it was a hot day and i moved house did not hear a thing about it till now

[coppullcaveman1]

With so many queries being posted on CAG concerning unpaid Magistrate Court FINES I am providing a Template of a Statutory Declaration.

 

Only 3 companies can enforce these fines; Marston Group, Philips and Swift (Wales).

 

The problem that is occuring very often is that many of these FINES have been issued in somebody's absence long after that person has moved home and the first time that they know of the offence was when they have received a visit from a bailiff.

 

In the main these FINES are commonly for the following:

 

Using a TV without a Licence.

 

Driving without valid insurance

 

Driving without valid Road Fund Licence.

 

Failure to provide driver details

 

Driving whilst using a Mobile Phone.

 

......................... ......

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration.

 

This will need to be sworn in front of a solicitor and this should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

The following is a template Statutory Declaration.

 

 

I:

Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on (enter date) for (enter offence ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined (enter amount) with costs of (enter amount) and that (ie; my licence was endorsed with three points).The reference number for this case is: (enter case number)

 

AND THAT:

 

Notification of this fine first came to my attention on (enter date) when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a Distress Warrant dated (enter date) and that he required a sum of (enter amount) within 3 days failing which he would return with a locksmith.

 

I would like to advise the Court that I am suffering from (enter health problems if any). In addition, I am receiving medication for ie; (severe depression etc) and have been under the care of a counsellor.

 

My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

 

I genuinely do not remember receiving documentation concerning this fine.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

 

Solicitor/Commissioner for Oaths:

But do not ignore it, please do this as soon as you possibly can