Help massive mistake with bailiff

[selinajayne]

A bailiff called today but didn't explain who he was properly so hubby let him in, the man then said who he was and hubby quickly escorted him back out the front door. Hubby told him he wasn't going to be coming in and doors and windows would be locked. The man wrote a few things down and left. Is this now seen as allowing him in and I wonder if what he wrote down was a list of things he had seen. He also came at 6.30am I didn't think they were allowed to come that early. Can anyone help please

[Desperate Daniella]

Hi selinajayne,

 

As you say, this is a big mistake. The fact that you allowed him in once means he can re-enter.

 

There are others on the forum with more knowledge than I have who will come to help, but

 

1. Who is he collecting for?

 

2. How much is the debt?

 

3. Have you got a car parked anywhere nearby? If so, move it immediately.

 

DD

[selinajayne]

It's 300 pounds in my husbands name for a fine he didn't know about

[Desperate Daniella]

The bailiff should only be there with a Court Order. Did he leave you with a copy of the documentation? If so, call the Court and see what they say. Do that now as Courts close at 4 or 4.30.

 

If your husband didn't know about this and feels it was a fine he should not have received you can apply to have it set aside, but the main thing is to get the bailiff called off.

[hallowitch]

It's 300 pounds in my husbands name for a fine he didn't know about

 

could you give bit more info was this a magistrate court fine or a local authority parking fine

[selinajayne]

It was a fine from dvla we think it's for failing to tell them we sold a car

[tomtubby]

Sadly, it would seem that the bailiff gained "peaceful entry" .

 

If this debt is in relation to one that your husband did not know about then he can file a Statutory Declaration with the court.

 

If you can provide a few more details this would be of help.

[selinajayne]

How does he do that we don't have any information on what court etc. What other details would you like.

[brassnecked]

If he was removed from the premises BEFORE he began a levy, then he would not have peaceful entry, he would need to have handed a list of goods on a Form 7 to your husband, or put ut through the letterbox at the time, however if it is a criminal fine, they may claim right of forced entry under the DCVA. Others will know more

[selinajayne]

He didn't have time to write down anything when he was in but he was writing something when he left

[selinajayne]

And he didn't post anything through the letterbox

[Desperate Daniella]

Have you moved house since you sold the car?

[selinajayne]

No we haven't moved. I m sure we sent the log book off but can't find the acknowledgment

[renegadeimp]

Get to the court first thing in the morning and get a stat dec sorted out.

[Desperate Daniella]

I asked because normally they would have sent you a fine in the post.

 

I think you should phone DVLA first thing in the morning, and tell them you sent the log book back, and ask why they went straight to court without contacting you.

[brassnecked]

Might be worth sending detals to BBC watchdog, they are on the case of DVLA who have form for fraudulent and baseless prosecutions, it is up to them to prove you didn't send it, not you to prove you had, a statutory declaration that you had posted the V5 on whatever date, and s you can consider First class post as sufficient proof of delivery, there is NO legal compulsion as DVLA have tried in court and been spanked for to claim you MUST contact them after a month if you have heard nothing from them. A stat dec as to not getting the summons would allow you to challenge. DVLA have lost in this scenario, andWatchdog have caught them out on just this very thing..

[Desperate Daniella]

DVLA go on and on trying to prosecute everyone and it's all a money making exercise. They took me to court over not paying my car tax which was delayed in the post due to a postal strike. It was a newly bought car and being a good girl I paid the tax from the beginning of the previous month even though there were only four days to go. I even sent them copies of the actual tax disc showing I had paid for the full six months but that didn't stop them. It was only when I got to Court and showed their lawyer that I had paid that he stopped it before we went into Court. Even he said he'd couldn't understand why they had done it.

 

You really must fight them on this, so do get the Statutory Declaration done first thing tomorrow.

[brassnecked]

They (DVLA) also have form for going to court and gaining the criminal version of a default judgement by "neglecting or forgetting" to send out a summons so the first you know is when the Marstons, collectica Excel or other knuckledragger tries to kick the door in on the hapless, unbeknownst to them debtor.

[Desperate Daniella]

Apologies if this is slightly off topic, but it may help others on this thread at some time:

 

Did you know there is now no 'period of grace' for car tax renewal? There used to be 14 days, and then it was reduced to five days, but now you only get five days grace if you have renewed online by the last day of the previous month. If you renew after that they can fine you even if you have paid online and the tax disc is in the post. So if, for example, you are away from home on the last day of the month and don't renew online until, say, the 2nd of the following month you are supposed to take your car off the road until the tax disc arrives.

 

You can of course challenge this - there is a nice House of Lords' Authority about this kind of thing - but who needs the hassle?

[selinajayne]

Can he just go to the local court without any details about it

[selinajayne]

How long before the bailiff visits again

[selinajayne]

It says on the log book if you don't get an acknowledgement letter within x amount of weeks, contact them because he didn't it means he's at fault

[brassnecked]

It says on the log book if you don't get an acknowledgement letter within x amount of weeks, contact them because he didn't it means he's at fault

No he isn't there is NO LEGAL COMPULSION to contact DVLA after you send something in a judge found that you can assume delivery after 3 days or so by first class post BBC Watchdog are on the case as per below

 

see :http://whatconsumer.co.uk/forum/consumer-rights-television-programmes/10610-bbc-watchdog-dvla-dock.html

 

"Duncan Peck is a motorcyclist who took on the DVLA - after applying to take his vehicle off the road. He posted his SORN application but then six months later he received a penalty for £80. The DVLA insisted they hadn't received Duncan's application and told him it was his responsibility to contact them when he didn't receive acknowledgement of receipt. Duncan refused to back down and refused to pay the fine, so the DVLA took him to court. When the case was heard in March, the judge found in Duncan's favour saying the DVLA has no statutory power requiring anyone to contact them should they not receive an acknowledgment letter."

 

DVLA are woefully unfit for purpose, and have lost in court or withdrawn the case on similar facts to OP where they claimed non reciept of V5 for change SORN or whatever.

 

If Op had no summons then Stat Dec and a defence claiming docs posted should kill the DVLA and their scrote bailiffs pig.

Edited April 16, 2013 by brassnecked

[selinajayne]

If he goes to court does he say the dvla have no legal standing on it

[brassnecked]

If he goes to court does he say the dvla have no legal standing on it

He tells them that it was posted First class on Xth of whatever 20ish, and assumes that they had it via normal post 3 days later, and that there is no compulsion to contact DVLA to check anyhing, quoting the cases of Duncan Peck and James Collins who were prosecuted by DVLA (which had lost the documents) and appeals found in the favour of the defendants

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380711-Collectica-and-DVLA-Fine

 

see also: http://www.rac.co.uk/forum/showthread.php?10714-DVLA-SORN-notification-system-is-a-shambles-legally-unenforceable-and-administ

 

http://www.bitterwallet.com/dvla-act-unlawfully-whilst-losing-your-letters-and-blaming-you-for-it/29151

 

I would suggest OP googles DVLA and unlawful fines