Problems with bailiffs...

[Montiero]

This is my first post here, but I expect it to be one of many.

 

I recieved a letter two days ago from a well-known collections agency. The letter, in relation to magistrates court fines, was labelled 'Pre-Removal Notice', and pointed to an outstanding balance of £875.00 which they claimed they were recovering on behalf of a client. It was the first letter I recieved from this company.

 

Now, before I continue, I'll shed some light on the background of this. I was diagnosed with General Anxiety Disorder a little under two years ago. I had just moved and, with this illness affecting my everyday life, I was unable to manage my day-to-day finances. I started drinking all the time but, eventually my financial situation became too much to handle and I was evicted from my property.

 

Due to my financial situation I'm homeless. I've been staying with someone for the last several months who's been more than tolerant of my financial problems. The bailiffs are aware that the address they hold is a care-of address.

 

Now, I've spoken to them twice in the last two days. My initial call to them was stressful and, despite having no prior knowledge that they were dealing with my fines (which, after making repayments, should've totalled £390.00), they were adamant that they had sent four letters (three of which were through bailiffs, which incurred a charge). I decided to wait until this morning to contact the courts to see what was happeneing.

 

The courts simply confirmed my account had been passed onto them for six months. However, they stated it was passed on three months ago. I citied the way I'd been paying (I'd been paying monthly even though my agreement was bi-weekly because I've got other debts and need to plan ahead) and they said because I'd not been paying bi-weekly (despite them saying I was allowed to do what I was doing), they'd passed the account on. They did say once they retained the account that they would probably be able to arrange something.

 

Then I had a look on here and called the collections agency. Because I don't live at the address I told them they'd be unable to claim anything back. Because I don't work (I'm working on getting a job but there's not much going), I also said I'd be unable to meet their proposed payment structures (full amount or full amount in three months, the rest of the time they've got the contract for). I asked for a breakdown of costs to be mailed to me. When I asked what they'd do (feeling cocky, I hoped they'd edge towards handing the warrent back for the courts to action on for an arrest or immediate recovery, in which I'd be able to set an arrangement up with said courts), they basically said they'd just keep sending bailiffs around to incur further costs.

 

I'm sorry if this is lengthly, but is there anything I can do? I'm pretty worried right now as, although they're not allowed to recover goods from the property, I don't think the person who's been kind enough to let me stay will tolerate the fear of bailiffs.

 

It's interesting to note they couldn't provide any proof that the bailiffs had been around, other than their records.

[AntsC]

Hello

 

I am not 100% on the laws surrounding Bailiffs. My suggestions first would be get you care of address changed (to save yourself and the nice person who is helping you out from hastle from these wild west cowboys).

 

Secondly send this letter template (or even hand write it if you havent got a printer or access to one) http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit- this should help with the threats of idiots knocking on your care of address (or any adress tha is related to you)

 

also read this as there is some valuable advice (along with the template i sent you above) http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

I hate these commission based money grabbing idiots and the low life scare tactics they use on people who are vunerable.

 

That is one of my reasons for going to university in sept of this year (at 23)

 

I hope i have helped in some ways

 

(click on the red DCA to bring up the template and the other page)

[qwertyjjj]

What are the magistrates court fines for? Anything related to tax or council tax?

As far as I was aware bailiffs could only claim your assets for those reasons...any other reasons and they have no entitlement to your money as the loans you took were not secured on your assets.

[sea-sidelady]

I will move your thread over to the bailiff forums. There is plenty more help for you in there.

[seanamarts]

Im not sure whether this is correct or not but will mention it and then some one will give more info, because of the situation that you are now in you may be able to have this taken back to the court to be means tested. not sure of the forms but some one here will no doubt know better.. You are classed as a vulnerable person but I am not sure whether this comes under court fines. but stick around and some one more knowledgeable will be along shortly

[RaeUK]

Hi montiero.

I suggest that you come within the remit of the vulnerable category as detailed in the National Standards for Enforcement Agents. This is recognised by the magistrates courts and bailiffs. Clearly, knowing your situation the bailiff is being a little derelict in his duty. They should hand the case back to the courts.

 

Here are two qoutes for you:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

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.

 

[oddly enough they don't have 'homeless' on there!]

 

Quote from Karen Buck MP 02/06/09 making the Bailiffs (Repeal and Amendments) first reading:

 

"...Some bailiffs and courts rely on case law, which holds that a distress warrant cannot be withdrawn once it has been issued. That directly contradicts the national standards for enforcement agents, which suggests a procedure enabling the bailiff to return cases of vulnerable fine defaulters to the court. The procedure to bypass this anomaly recommended by the Ministry of Justice is to write a letter to the court asking for a re-hearing of the case. In practice, however, neither bailiffs nor fine defaulters seem to know this..."

 

 

So, the way forward would be to write to the court asking for a rehearing. Inform the court why - ie your health, income, homelessness etc - and when you get a rehearing, attend, taking any evidence ie GP letters, benefits letters etc. You will be asking the court to assess your means and come up with an affordable and sustainable plan.

 

 

Best wishes.

Rae.

[tomtubby]

Im not sure whether this is correct or not but will mention it and then some one will give more info, because of the situation that you are now in you may be able to have this taken back to the court to be means tested. not sure of the forms but some one here will no doubt know better.. You are classed as a vulnerable person but I am not sure whether this comes under court fines. but stick around and some one more knowledgeable will be along shortly

 

Just to clarify a point. I was talking to a Magistrates Court just yesterday in connection with a similar matter as this and was told that "apparently" means hearings are rarely ever now done. As each Magistrate Court tends to have its own rues, I do not know whether this applies to all courts or just the ones in the Central London & South East area.

 

In any event, in this particular case, it is vital that a letter is sent to the bailiff company to advise them that you are "vulnerable" according to the National Standards for Enforcement Agents and that you would like to have the distress warrant returned to the court.

 

In writing to the company you will need to provide something by way of evidence concerning your vulnerability. Whatever you do....do NOT rely on telling the bailiff. Make SURE that EVERYTHING is in writing.

[RaeUK]

Thanks for the info TT.

Rae.