bailiffs coming at 1pm to break in please help!

[loulou68]

Please help!

 

Back in May 2007 I sold a car through a local auction house and they said at the time that I didnt need to inform DVLA that I had sold the car

as it was their responsibility to inform them of the new owner.

 

At the end of 2007 I received notification from the magistrates court that I had a number of parking fines racked up several months after I had sold the car

 

I contacted the court who told me to forward the sale date and the new keeper details.

I contacted the auction house who told me they couldnt give me new keeper details due to data protection but would forward the relevent info to the court and again to the DVLA.

 

Early in 2008 I had to leave the family home with my three children (one of which has been diagnosed with severe mental health problems)

due to domestic violence leaving most of my belongings and paperwork behind and was housed in emergency homeless accomodation for 12 months until being given permanent accomodation.

 

I heard nothing from the courts or anyone else during this time until August 2011

 

there was a knock at the door at 6.15am. I answered

 

the man said he was acting on behalf of the magistrates court and showed me an ID card with the same information on - I let him in.

 

Once inside he said he was from the bailiff company "Swift Credit Services" and said he was there to collect £750.

 

I told him that I couldnt pay and explained that I wasnt the owner at time.

I also explained that I had to get my disabled child ready for school but he just walked around listing my possessions.

 

By this time I was frantically trying to find any paperwork relating to the car and eventually an hour later found the receipt of sale which was the only evidence

I had managed to keep when I had left the marital home.

 

Only then did he agree to put it on hold so I could forward a copy to the courts which I did that morning.

 

I have heard nothing since until last Friday morning when about 7am I thought I heard the door knock

but by the time I went downstairs there was no-one there

 

after going back upstairs I heard something being pushed through the letterbox which was a letter from Swift

saying they were returning on the 14th at 1pm with a locksmith to gain forced entry and seize goods if I didnt pay £950.

 

I contacted my local CAB that morning and got an appointment for 10am yesterday.

 

The lady said that I would have to make them an offer to pay in installments and went through my income and expenditure then rang Swift to make the offer.

 

They told her to ring the attending bailiff which she did

but he refused to speak to her as my representative and would only speak to me

 

she passed the phone to me and he said he would be with me 1pm and would only accept £950.

 

The lady at CAB then rang the court and faxed a copy of the sale of the car to them in the hope they might be able to do something

but they rang her back in the afternoon to say it was out of time for a review and would still stand.

 

I then rang the court myself but they said the only thing they could advise is for me to negotiate with the bailiff and there was nothing they could do.

 

I'm sorry to go on but I wanted to make sure all the facts were there

and I'm really scared now that they are going to break in at 1pm but I just dont know where else to turn....

 

..please could anybody help?

[padja]

I've put this on CAG facebook to get some help for you quickly, I'm not too sure about court fines. Dont worry help will be here soon

[loulou68]

Thank you so much. I'm here on my own with my son today and just dont know what else I can do.

[hallowitch]

not to good with these but we will need to know if they are magistrate court fines (has your council decriminalised parking ) or are they for speeding etc

 

you have been given bad advice from the start of this

 

for a magistrate court fine you should have been told to file statutory declaration at the issuing court

For a PCN (decriminalised parking ticket ) forms te7 and te9 from the traffic enforcement centre

[loulou68]

They were from a magistrates court for parking on yellow lines + in disabled bays etc in Cardiff which is about 25miles away from where I live. There were several of them all dated at least six months after I sold the car through the local car auction.

[tomtubby]

This is complete and utter nonsense and makes me SO angry!!

 

The court can certainly ask that the case be returned and they should allow you to do a Statutory Declaration. The debt has now increased to £950 and given auction vlaue, the bailiff should need to levy upon goods valued at around £7,500-£9,500.

 

What items have been levied upon?

 

Are you working or are you in receipt of benefits?

 

You have a disabled child and this SHOULD provide that you are "vulnerable".

 

Please post back with details of the items listed and we can advise further.

 

Please rememeber that it is VERY UNUSUAL indeed for a bailiff to actually remove goods and instead, it is the THREAT of removal that the bailiff relies upon to get the debt paid.

[brassnecked]

You don't actually owe this money, as you sold the car, as per tomtubby a stat dec and a copy of the receipt from the auction house should remove this. Swift will be anxious for you to "inherit" and take over the debt so they get their fees.

[loulou68]

i didnt have a copy of what he wrote down but he said table and chairs, 3 piece suite, tv, computer and monitor (very old and not worth anything) clock. cant remember if there was anything else because i was in such a panic but everything in my house i either bought second hand or was given as i moved in with absolutely nothing. i was claiming jobseekers allowance until april 2011 as my son was only in school for half days but when he was moved to an autistic school i had a few hours so i now work between 10 and 15 hours per week (only in term time as i am his carer.) i get carers allowance and DLA for him also tax credits. My son is 14 and is diagnosed with autism, adhd + socialised conduct disorder.

[loulou68]

I have proof that i sold the car before the offences were commited and so does the court but they told me because they have been outstanding so long, i am out of time to get them to review and i need to speak with the bailiff. The bailiff refused to speak to CAB yesterday even though she said she was acting as my representative and told me that if i didnt pay £950 they will be "returning at 1pm with a van and a locksmith and will force entry in order to seize and remove goods using the powers conferred schedule 4A domestic violence, crime and victims act 2004 and the amount owed will increase". I am really scared now as I only have an hour. Are there any forms I can put into the court that can try and stop them doing this until I can get further advice maybe legal advice? They told me they will not accept any paymant plan which CAB said would buy me a few more days.

[brassnecked]

i didnt have a copy of what he wrote down but he said table and chairs, 3 piece suite, tv, computer and monitor (very old and not worth anything) clock. cant remember if there was anything else because i was in such a panic but everything in my house i either bought second hand or was given as i moved in with absolutely nothing. i was claiming jobseekers allowance until april 2011 as my son was only in school for half days but when he was moved to an autistic school i had a few hours so i now work between 10 and 15 hours per week (only in term time as i am his carer.) i get carers allowance and DLA for him also tax credits. My son is 14 and is diagnosed with autism, adhd + socialised conduct disorder.

 

There are insufficient goods on the levy imho to cover the debt plus fees, notwithstanding you don't owe it anyway as the offences were after you sold the motor.

 

" Back in May 2007 I sold a car through a local auction house and they said at the time that I didnt need to inform DVLA that I had sold the car as it was their responsibility to inform them of the new owner. At the end of 2007 I received notification from the magistrates court that I had a number of parking fines racked up several months after I had sold the car so I contacted the court who told me to forward the sale date and the new keeper details. I contacted the auction house who told me they couldnt give me new keeper details due to data protection but would forward the relevent info to the court and again to the DVLA"

 

So Swift and the court have effectively badgered you into assuming a debt that doesn't belong to you. aAong with following Tomtubby's advice, write a complaint to the court manager, and council, and others copied to Swift, and YOUR MP, who you can contact via http://www.writetothem.com

[loulou68]

I will do that today and make sure all letters are sent recorded but is there any way of postponing their visit today and can they break in if i dont answer the door?

[tomtubby]

I have sent you a message and I would hope that the moderators would not mind this as I have noticed that 24 people are viewing this post. As a lot of people on here are aware, bailiff companies view posts on the forum on a daily basis and it would be easy for them to be able to identify your case.

[Surfer01]

CAB have given you totally incorrect advice by suggesting that you should pay fines incurred by someone else. Just as well the bailiff refused to talk to the Cab representative otherwise you would be paying for something that you had no control over. I would contact someone senior at CAB and ask them to investigate why you were given such poor advice. This poor advice may have been given to other people who are now paying off the debts of people they do not know. We are lucky as we have had excellent advice from our local CAB.

[padja]

I suggest you follow Tomtubbys advice, after today is done I would follow Surfer01 advice CAB were wrong with advice

Edited February 14, 2012 by padja
better advice offered

[brassnecked]

I would hope that if Swift are viewing this and they have identified the case, they would back off rapidly, as this could become very nasty for them, as in detrimental, to their image and bad publicity, a la Rossers and their Mr Boast

[loulou68]

tomtubby, i tried to send you a message but it is saying i cant send it because i dont have enough posts?

[hallowitch]

tomtubby, i tried to send you a message but it is saying i cant send it because i don't have enough posts?

 

I think you need 10 posts to use the PM facility

 

so if you reply to this post just say thanks takes you up to 8 then thank brassneck and padja you should hit the magical 10 posts

[loulou68]

thanks

[loulou68]

I really dont know what to do now. should i try ringing the bailiffs again? i know they are going to tell me to ring the attending bailiff who will just say £950 or should i go out? i'm trying to keep calm for my sons sake but he knows something is up.

[loulou68]

thanks

[loulou68]

just tried to send the message again but it still wont let me.

[hallowitch]

I really don't know what to do now. should i try ringing the bailiffs again? i know they are going to tell me to ring the attending bailiff who will just say £950 or should i go out? I'm trying to keep calm for my sons sake but he knows something is up.

 

 

don't ring the bailiff wait till you have enough posts to PM tomtubby then if she tells you to ring the bailiffs you ring them

[loulou68]

thanks hallowitch, do you know how i can find out how many posts i need?

[loulou68]

the bailiff is due here in 10 mins

[hallowitch]

the bailiff is due here in 10 mins

 

don't panic he may not even come and if he does you do not let him in regardless of what he says

 

he will know his levy is no good

 

I thought it was 10 posts I'm not actually sure where to look but will look around and see what i can find