Bailiffs tomorrow 6am - Please help

[joeyjojojo]

My husband got fined for a motoring offence a couple of months ago, we were unable to pay anything off the fine as we really have problems feeding the family at the moment. We just don't have enough coming in.

 

8 days ago we got a visit from excel civil enforcement, with costs the amount owing has risen to £900, we dont have this much money, my husband explained this to the bailiff and asked for time to pay in installments and was refused. He said he would be back this week and that we would have to find it in the week. We don't have anyone we could borrow this off and no way of raising it. We have nothing to sell, if we sell the car then my husband cant get to work. He has pushed another letter through the door today saying the removal bailiffs will be back tomorrow at 6am.

 

I am so scared, I have fed my family of four on £30 in the last week due to no money, I really don't have £900. What will they take? Will they take things belonging to my children. My husband will be in work at that time, I will be here alone with the children. I don't even think we own enough to cover £900 of debt, I guess they will take everything?

[caro]

Please don't panic. £900 sounds a lot so I can't help wondering if some of this is made up of charges. How much was the original fine?

[ploddertom]

The £900 sounds as if itis made up of £600 fine & £300 costs. Did he attend Court when the case was heard? Was he means tested? Prior to the Bailiff becoming involved did he receive a Final Steps Notice from the Court?

[joeyjojojo]

Thanks for the replies. I believe the £300 costs is right. Basically we moved to a smaller house and didn't know anything about it until they called the week before last. We didnt have a mail redirect on and our old house has been left empty with no way of picking up mail.

 

We don't dispute owing it. The bailiff says its taken them long enough to find him and they wont wait for payment.

[ploddertom]

Thanks for the replies. I believe the £300 costs is right. Basically we moved to a smaller house and didn't know anything about it until they called the week before last. We didnt have a mail redirect on and our old house has been left empty with no way of picking up mail.

 

We don't dispute owing it. The bailiff says its taken them long enough to find him and they wont wait for payment.

 

I assume you know which Court it was? You should contact them and say you knew nothing of this until the Bailiff arrived as you moved & ask to make a Statutory Declaration - you may need to be firm if they try to fob you off.

[sgtbush]

if you have moved house and not recieved info or letters from the courts you can do a stat dec and have the clock rolled back to pre enforcement and sort the matter out with the court direct

[tomtubby]

Joey.

 

Leaving aside the fees ( which are £300) it would seem that the fine is quite a lot and I would guess that the fine was imposed as your husband had failed to respond to the summons. It is so important to respond because if your husband had pleaded guilty then he would have also been required to complete the simple Means Enquiry Form that would have been provided with the summons.

 

The Magistrates will always impose a fine at the lower end of the sentencing guidelines on a debtor who had pleaded guilty. If guilty, your hubby would not have needed to appear in court and instead, the Magistrates would consider the information on the Means Enquiry Form when setting the fine.

 

Also, before being allowed to issue a Distress Warrant there is a legal requirement that a Further Steps Notice be sent.

 

If the info above is correct and hubby had not received a summons then there is a VERY SIMPLE solutions.

 

He needs to call the issuing court immediately and explain that he had not received it and they should allow him to swear a Statutory Declaration. All enforcement will be CANCELLED.

 

One point that I would make is that the court will NOT allow payment of a fine to be less than £20 per month. This is because, there is legal provision that provides for deductions to be made at the rate of £5 per week for unemployed people. Anyone in employment will not be able to pay less than those who are unemployed.