Disstress warrant

[Jamiebeadnell25]

Hi there,

 

I have had a letter from collectica stating that,

they have been given the disstress by the magistrate court with reference to an unpaid fine

 

I live in a block of flats which is relevant as u will find out later in the thread I rang collectica

and they have told me if I do not pay £40 per week they will come and collect my belongings.

 

I have told them I am on benefits and am I single widowed parent recieving widowed parent allowance

and child tax credit and don't have a job which is hard as I have a son.

 

i have paid 4 of the payments on time but simply this has left me with no money

I can't afford anywhere near £40 a week I would struggle to pay more than £10 is there anything I can do?

 

Also as I said earlier the reference to my address is important for another question,

the court never had my proper full address the only reason the letters got to me is because the postman knows my name

I will explain my address is flat Edited to remove personal information

 

The building is a 9 flat block of apartments known as the place,

the disstress warrant is made to the following address edited ,

they have not included the flat number or the building name

 

so my second question is can the collection agency legally forcefully make entry to my flat without the correct address ?

 

Please pardon my grammar its not the best and thanks for taking the time to read this,kind regards

Edited April 15, 2013 by ims21

[Conniff]

Hello Jamie and welcome. It's not wise to put in your address on a public forum, so I have removed it. Also, if that is your real name I suggest you click on the little black triangle and ask for it to be changed to something other than your real name.

[dx100uk]

you are clearly vulnerable

 

tell the bailiff and contact the court directly to pay.

 

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

.

Vulnerable situations

•

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

•

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

•

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

•

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

•

Those who might be potentially vulnerable include:

'

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.

 

this applies to the whole HOUSEHOLD 'a' vunerable person resides there.

[Jamiebeadnell25]

Hi everyone I received a letter from an enforcement agency ( don't want to name them the resonance will become aparerent )appx 5 weeks ago informing me I had a 800 debt,so I rang up immediately obviously concerned that they would visit my flat and take goods to the value etc,in hignsight I should of checked my rights first anyway I rang up and was basicly bullied into agreeing to pay 39 pounds per week no options that or they come and tot up my goods and take them,after the call after checking a few things out I realised they had not addressed the letter properly basicly the only reason I got the letter is that my postman knows my last name I live in a block of flats called the place the number of the building is 72/74 with the name of the street (I don't want to give too much away)anyway it hadn't the flat number or the name of the building just my name then 72/74. Then the street and postcode there are 9 apartments so can they come and knock on all the doors then come in mine without the correct address that's basicly the first question,secondly I'm a widowed single parent on widowed parent allowance and child tax credits and out of work,can they reasonably expect me to pay 40 per week I have paid the first 4 weeks payments on time but cannot pay anymore than 10 pounds per week as I have exhausted what little money I did have also apologies for this a third question can they take anything of my son's belongings from his room that he needs to revise and for school I'm talking about laptops etc as I haven't got anything of much value could someone please advise me on what to do next and how and what to say to them if I call back and am told the payments cannot be lowered I have obviously showed willing to pay which I thought was a good course of action to take initially apologies for the grammar I'm not great with that and I would be very grateful to anyone who could advise many thanks, jamie,

[ploddertom]

I'll move this to the Bailiff Forum

[matt v atos]

Please don’t contact bailiff

 

 

Keep the bailiff out no right of entry no nothing

 

 

The bailiff can ask all they want bailiffs lie

 

 

bailiffs will say they have a court order,distress warrant in reality it is a liability order nothing else

 

 

There will be no locksmith police no one will enter the house by forc

 

 

If you have a car garage it away leaving it on the drive is a invitation for a levy

Someone will be along soon to advise

[tomtubby]

In order to provide the correct advice...could you answer the following:

 

Did you receive the original summons?

 

Did you respond to the summons by entering a plea (guilty...or not guilty)

 

How much is the FINE (excluding bailiff fees)?

 

Did you complete a Means Enquiry Form?

 

Have you paid any money to the court BEFORE the bailiffs were instructed?

[ploddertom]

Two threads merged

[Jamiebeadnell25]

Hi there thanks for the reply just before I read any more ill just say no its not the name on the warrant thanks a lot for changing the address bit though ,Jamie,

[Jamiebeadnell25]

Hi there no I haven't completed a means enquiry form, when asking did I recieve the original summons do you mean a few years ago when I was in court for the driving offence I was paying pretty regular £25 a month to the court got into a bit of difficulty then told the court they wouldn't accept any lower I cannot remember completing a means enquiry form possibly when I was in court its years ago since I've been to court.

 

I have paid a good majority of the fine I think I must of missed a lot of final demands & correspondence from the court as we've had several diffrent postmen over the past few years including 4 in the past year as I've noticed they don't have my address it is not always the same postman it differs week to week.

 

I only noticed the incorrect address when I recieved the distress warrant from this company I have looked at what few correspondence I have kept from the court over the past few years the address is incorrect on them all so its just luck I've recieved any at all. Many thanks for your help its appreciated.

Edited April 15, 2013 by Conniff

[Jamiebeadnell25]

Sorry the total is now £714 since it was £856 when I recieved the first distress warrant letter about a month ago .

[Conniff]

You name change has been done Jamie, don't forget you will have to use this new name to log in.