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Hi guys from reading lots of other peoples posts and the amazing responses they have had, hoped I could get some advice.

 

I am in a bit of difficulty and have tried to find definitive answers in other peoples threads, yet nothing that gives me 100% reassurance. I had an incident over a good 2 years ago, where I was stopped driving up the road with no lights on, pulled over, blowing into the breathalyzer, everything was fine, except my insurance wasn't coming up on the system. It turned out my insurance had not transfered to my new car. I was paying £140 a month, but on a car perviously scrapped. A mix up with the insurance company, but left me losing my license, car and hefty fines. Most had been paid after having bailiffs out previously, back to court, payments missed, then back again a new larger payment plan in place. I have stupidly allowed the payments to be missed again (just with no Direct Debit only payment card option). Its gone back to my mums address again and she's been worried to the point of getting ill with it. I rang the bailiff that attended my mothers and told them they can't attend there, as I don't live there and its making her get anxiety attacks after having gone through tough times lately. I gave them the address that I have moved to with my gf and now worried they will be able to attend my gf's home home and take things that belong to her. I have read lots about statutory declaration, but not quite fully understood if it could apply to my case. I could probably drum up the money to get the fine itself paid, but with the bailiff charges on top, that takes it up to £695.95, which is way more than I could pay immediately. I have lots of other debt besides the no insurance car fines from a failed business. I am currently considering going through bankruptcy soon after consulting with cccs. Just wondering if anybody could tell me, what would be likely to happen after giving my new current address to Marsden, to get them away from my mother, i.e, if they would have to get a new warrant from the courts. I am hoping I can just go to the courts direct and pay, just the fine, not there terrible charges.

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Hi guys from reading lots of other peoples posts and the amazing responses they have had, hoped I could get some advice.

 

I am in a bit of difficulty and have tried to find definitive answers in other peoples threads, yet nothing that gives me 100% reassurance. I had an incident over a good 2 years ago, where I was stopped driving up the road with no lights on, pulled over, blowing into the breathalyzer, everything was fine, except my insurance wasn't coming up on the system. It turned out my insurance had not transfered to my new car. I was paying £140 a month, but on a car perviously scrapped. A mix up with the insurance company, but left me losing my license, car and hefty fines. Most had been paid after having bailiffs out previously, back to court, payments missed, then back again a new larger payment plan in place. I have stupidly allowed the payments to be missed again (just with no Direct Debit only payment card option). Its gone back to my mums address again and she's been worried to the point of getting ill with it. I rang the bailiff that attended my mothers and told them they can't attend there, as I don't live there and its making her get anxiety attacks after having gone through tough times lately.

 

Consider applying for a Restraining Order on the bailiff and his firm from making direct or indirect contact with your mother under Section 2 of the Protection from harassment Act 1997, Speak to your local county court or a CAB adviser on how to put this into motion.

 

 

I gave them the address that I have moved to with my gf and now worried they will be able to attend my gf's home home and take things that belong to her. I have read lots about statutory declaration,

 

Mistake giving your g/f address, now she may have to apply for a civil remedy and apply for a restrainign order. You can make a Staturoty Declaration, but bailiffs rarely take any notice. They pretend they dont know about it. Theres a hand-out template somewhere on this forum which deals with it.

 

but not quite fully understood if it could apply to my case. I could probably drum up the money to get the fine itself paid, but with the bailiff charges on top, that takes it up to £695.95,

 

If this a court fine then you are not liable for paying any fees to the bailiff. I appraciate this is dusputed on this forum, but personally, I would follow the official Court Service advice on bailiffs fees for collecting unpaid magistrates court fines: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3

 

which is way more than I could pay immediately. I have lots of other debt besides the no insurance car fines from a failed business. I am currently considering going through bankruptcy soon after consulting with cccs. Just wondering if anybody could tell me, what would be likely to happen after giving my new current address to Marsden, to get them away from my mother, i.e, if they would have to get a new warrant from the courts. I am hoping I can just go to the courts direct and pay, just the fine, not there terrible charges.

 

You hit the nail on the head!

 

Approach the court office with a proposal you can afford. Do not pay a bailiff, they will only do you for their fees. You will find the court will accept you paying only the fine amount. These two posters were in the same situation as you, and successfully recovered all their fees.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/229873-help-philips.html#post2547500

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/254610-n244-county-court-action-2.html

Professional property investor and conveyancer

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Pillaged from the net. Ask your mum and g/f to hand this document through the letterbox to a bailiff if one turns up. NEVER open the door.

 

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Bailiffs,

 

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

 

The court appears to have instructed you to recover fine from somebody who does not live at this address.

 

This letter gives you notice that you are being denied peaceful entry to this property or to levy goods contained within and I will not be signing anything for you.

 

Please be advised it is not a "criminal offence" to deny a bailiff entry to my property, if you suggest otherwise I will make a criminal complaint to police under section 40 of the Administration of Justice Act 1970 and you may receive a criminal record.

 

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

 

Yours Faithfully

 

 

YOUR NAME

Professional property investor and conveyancer

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If this a court fine then you are not liable for paying any fees to the bailiff. I appraciate this is dusputed on this forum, but personally, I would follow the official Court Service advice on bailiffs fees for collecting unpaid magistrates court fines: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3

QUOTE]

 

You may wish to know that on a PERSONAL level I do agree with you on this point, please be assured of that.

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...and on a professional level?

 

Why not see for yourself? Whizz a quick letter off and get a copy of the terms.

 

Ministry of Justice

102 Petty France

London

SW1H 9AJ

 

Dear Sir

 

Re: Section 1 of the Freedom of Information Act 2000

 

I request a copy of the contract(s) that are currently in force between the Court Service and all civil enforcement contracting companies or bailiffs for collecting unpaid magistrates court fines in England and Wales.

 

I enclose a £10 fee.

 

 

 

Yours Faithfully

 

 

Vanessa Broome

Professional property investor and conveyancer

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