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hi,all

i hope someone can help,my son got 2 fines for travellng on the metro system without a ticket,he got fined £180,for the first one,he paid 2 weeks payments totalling £10,and stopped payment,he is heavily in debt to catalogues etc,he is recieving £48pw jobseekers allowance,he has just received a letter today from philips bailiffs,which is titled "pre-removal notice" with the outstanding ammount of £600! it states it has attended our premises on previous occasions (which it has not),his name on the letter is mispelt (shaun,instead of sean) would this make the letter not valid? and also as its my house in my name,have the baliffs got a right of entry? my partner and myself are sick with worry,and think every car that pulls up is the baliffs,i forgot to add,the original fine was imposed by the magistrates court,as he never paid the original penalty fine,could i just write to the baliffs,telling them noone of this name lives here?

hopefully someone could advise me

best regards

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This thread needs moving to the bailiffs forum I think. You will get more help on there.

I'm not an expert, but I do know that they cant take anything that you can prove does not belong to the debtor.

If its a court bailiff, they have more powers than a private one.

You dont have to give a private bailiff access to your home, but they could try allsorts of tricks to get in. Once they are in they can have legal access to your home while ever the debt exists as far as I know.

I'm not sure about access with court bailiffs.

Sorry its not much help, but I can sympathise with you on this.

jed

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hi,all

i hope someone can help,my son got 2 fines for travellng on the metro system without a ticket,he got fined £180,for the first one,he paid 2 weeks payments totalling £10,and stopped payment,he is heavily in debt to catalogues etc,he is recieving £48pw jobseekers allowance,he has just received a letter today from philips bailiffs,which is titled "pre-removal notice" with the outstanding ammount of £600! it states it has attended our premises on previous occasions (which it has not),his name on the letter is mispelt (shaun,instead of sean) would this make the letter not valid? and also as its my house in my name,have the baliffs got a right of entry? my partner and myself are sick with worry,and think every car that pulls up is the baliffs,i forgot to add,the original fine was imposed by the magistrates court,as he never paid the original penalty fine,could i just write to the baliffs,telling them noone of this name lives here?

hopefully someone could advise me

best regards

 

Not to good on these but I'll give it a go and hope someone can correct any errors.

 

Obviously there's no doubt of the original offence as a ticket inspector will have issued him a slip for not having a ticket. If it's where I think it is then did he ever have to provide proof of his address. For non-payment of the fixed penalty ticket he has been taken to Court - did he know of this? At the time did he explain he was on Benefits as I believe there is a scheme to deduct money at source? If as you say he has another one of these that he has not paid then they will soon come chasing that one as well doubling the cost of monies owed.

 

It will probably make no difference about the spelling of his christian name as on the basis of probabilities they have the correct person. You can only tell the bailiff he does not live with you if that is a truthful statement otherwise you run the risk of being done yourself. However there is nothing that says you have to say where he is living now.

 

He will be better facing up to his own responsibilities as it will be in his own interests to see this matter settled. Because of his Benefits status it may pay him to enquire at the Court to see if it can be returned so that monies are deducted at source - I believe if this is the case then all Bailiff action may be stopped and he may just have the original fine to pay off.

 

If you PM Tomtubby she can give you lots of advice and further help.

 

PT

 

ps forgot to say it may pay both self and partner to swear a Statutory Declaration about the goods in your own house just in case.

Edited by ploddertom
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Hi sam.

The long and the short of it is, obviously, he needs to be paying off his fine as a priority debt. It is far more important than catalogue debt.

That said, he shouldn't have to deal with the bailiffs and their extra fees either. The unemployed form part of the 'vulnerable category' of debtors:

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

According to the Ministry of Justice, the correct procedure for a person who believes they fall into the 'vulnerable category' to follow is this: He needs to write to the appropriate magistrates court for a re-hearing. Presented with his evidence that he is vulnerable then the court, presumably, will arrange an affordable payment schedule with him. And without the bailiffs...

Rae

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