Bailiff help!

[Markhughes88]

Hi there, firstly I'm new here so, ye, hi

 

Secondly, I have a problem with bailiffs. I had court fines which I was paying off £50 a fortnight as that is what I was budgeted (I'm with cccs, and that's what they allocated me).

Now I missed a payment and my case was passed onto Phillips bailliffs (I think they said something about a change in name but I didn't catch what it was), so I phoned them up and offered them what I was paying the courts. They refused the offer and said I needed to pay £178 approx a fortnight to prevent further action and them turning up at my door. Now, although I work, I'm on minimum wage and only get £800 a month after tax, and I have other debts that I'm paying through cccs that amount to a couple thousand, so I just can't afford what they're asking! What can I do?

[Markhughes88]

My court fines were over a train fine as well if that information helps. Any help would be greatly appreciated

[Conniff]

Hi Mark and welcome. Have moved you to the Bailiffs section, you will get more help here.

 

How much was your court fine ?

[Markhughes88]

Thanks! i tried to post in there but i think the forum was locked! and I'm not sure on the exact figure as I'm at work and don't have paper work but its about £1728 I think.

[Conniff]

That's one hefty fine, did you take a train home with you?

 

There isn't a rate set by bailiffs, did you ask the court for a payment amount?

[ploddertom]

Did you receive a Further Steps Notice form the Court prior to the Bailiff being involved? Please be aware that if your other debts are for credit cards or similar you may be required to lower these payments to an absolute minimum to enable this fine to be paid.

[Markhughes88]

I've received no paperwork from the bailiffs as of yet. I phoned the courts to pay and sort it as I recieved the notice but when I did they said it had been passed on. I did phone cccs about it and they said to offer them upto £85 instead and make token payments to my other debts.

And I wish I had the amount theyve charged me!

And what do you mean about asking for a payment amount?

[ploddertom]

The Further Steps Notice is a legal requirement which asks you to bring your account up to date , it then lists the further steps which may be taken should you fail to do so. You should contact the Court again and ask about this, if they say yes it was sent you need to know the date & the exact address including postcode they sent it to - not the first time they have used an "odd" address.

[Markhughes88]

Ye it was further steps and it was for Xmas day, but when I phoned them up about it this was the result

[ploddertom]

The Bailiffs & HMCTS have an agreement between themselves which allows them to charge £85 as admin fee for taking on your account, when a Bailiff visits that is an extra £215. There is nothing that says you have to deal with or speak to the Bailiff and we will inform you he may force entry to your home as it an unpaid criminal fine. What he fails to tell you is that he must have the permission of the Magistrates to do so - very rarely given, because this is more aimed at the persistent offender who never pays. After a period of time - 180 days I believe - the Warrant expires and must be returned to the Court, unless of course the Bailiff does this earlier. You would then be summonsed to explain why you have not paid - but no Bailiff fees and you can start another payment plan & if you had put the monies to one side in the meantime then that would be a big lump off what you owe.

[Markhughes88]

Is he allowed to force entry? The problem I have is I live with my parents so 90% of the stuff isn't mine. And what do you think my next steps should be, if they refuse the £85 offer later when I contact them.

[wonkeydonkey]

I agree with conniff on this....that is one hell of a fine for a magistrates Court to give, are you sure that isn't the amount the bailiff would like you to pay and has his imaginary fees built in?

 

Forget the bailiff for a moment...the Court is responsible for issuing the correct paperwork following the hearing that imposed the fine....when you missed that payment it is for the Court to issue you with a Further Steps Notice, this is basically a letter giving you 7 days to bring your account up to date by making that missing payment....they cannot simply pass your fine onto a bailiff for collection without giving you that opportunity.

 

Did you make an offer to pay by installments direct to the Court at the time the fine was imposed?

 

WD

Edited January 10, 2013 by wonkeydonkey

[ploddertom]

Ye it was further steps and it was for Xmas day, but when I phoned them up about it this was the result

 

Are you saying you contacted them before the notice period on the FSN expired & they refused? If so a complaint needs to be made to the Court Manager.

[ploddertom]

Is he allowed to force entry? The problem I have is I live with my parents so 90% of the stuff isn't mine. And what do you think my next steps should be, if they refuse the £85 offer later when I contact them.

 

Are your parents aware of what is happening?

[Markhughes88]

Nah I didn't open the letter straight away as I'm not always home and there was confusion as me and my father have the same initials. I opened it xmas eve and it was due xmas. And no they don't, as I'm trying to sort it first, if I told them now before its sorted, I'd be on the street tonight

[Markhughes88]

I was originally paying with a court card as agreed with them. And yes they are court fines not bailiffs, it's on my court letter

[ploddertom]

Are your parents aware of what is happening?

 

Nah I didn't open the letter straight away as I'm not always home and there was confusion as me and my father have the same initials. I opened it xmas eve and it was due xmas. And no they don't, as I'm trying to sort it first, if I told them now before its sorted, I'd be on the street tonight

 

The problem with your parents is that the bailiff will just arrive & bang on the door. He will try to persuade them they are responsible for your debt - which of course they are not. The only way to prevent this is to reach agreement with the Bailiff, usually by making payment in full. I appreciate it is not what you want to hear & hopefully others may have an alternative solution. Will look in later as must go to earn a crust.

[Markhughes88]

Well making a full payment is out of the question as I don't have access to that kind of money, it would take every penny I earn and over two months to get that kind of cash. With my dad, I know he'd refuse them entry, and wouldn't take responsibility, I was just hoping there was something I can do to prevent that, as if that happens ill be kicked out the same day

[wonkeydonkey]

I suggest you write to the fines officer at the Court and explain you were away when the FSN arrived, that you responded to it to make the missing payment at the first opportunity following the Xmas break, go on to say your payment was refused and are of the opinion it would be appropriate for you be given a further hearing to state your case. You could enclose the missing payment to show your intention was never not to pay.

 

WD

[Markhughes88]

Ok I'll try this if they reject my offer. I've been browsing the net and have found something about getting the fees reduced if it causes undue financial hardship, and you are on low income. Could I use this? What is classed as low income as I am on minimum wage

[Markhughes88]

Also I found something about placing a notice of the "removal of right of implied access". Is this usable, as to my knowledge, no levy is currently in place

[brassnecked]

Also I found something about placing a notice of the "removal of right of implied access". Is this usable, as to my knowledge, no levy is currently in place

 

Only think that will work with Council Tax bailiffs, or a Capita TVL Salesman, not a criminal fine.

[Markhughes88]

Ah, we'll I contacted the courts, they said they can't do anything. Currently on hold with Phillips, will post the result

[sgtbush]

you could always go to the court, pay the outstanding amount owed ( the payment you missed) and ask for a means test hearing to explain your financhal circumstances

 

be advised Philips have been re-named Collectica but all the telephone numbers are the same

[sgtbush]

Also I found something about placing a notice of the "removal of right of implied access". Is this usable, as to my knowledge, no levy is currently in place

 

no, this is a non payment of a magistrates court fine