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    • what time do you have to go in today? I am wondering whether it might not be a good idea to go in with the letter of claim and if there is any mucking around them to hand it to them.   We would have to draft something appropriate.   in any event I think you should prepare an sar and take it with you and hand it to them make sure that they realise what it is. Hand it to a senior manager.   Use our sar template here.   I think that they are starting to lead you around by the nose and I think that you should take control and make sure that they realise but there is only a short time before it goes legal. A letter of claim would be the best thing to do in addition to the sar     
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    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
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Hi all,

 

Hoping you can give me a bit of help on a matter that is all of my own making but am getting really really upset and worried about :fear:.

I have a young son and I am literally petrified!

 

Last Summer/Autumn I very stupidly ended up with a few PCNs for parking locally and not always being perfectly on time with updating my parking clock.

 

I paid the first few but then due to financial issues and various other factors the next few got forgotten / head buried in sand about (I know, I know...).

I have not had one in well over 6 months though since I realised I was being a bit of a dipstick!

 

these all progressed to the NtO and Charge Cert stage as I'd expected and then I got the letter saying that they would be seeking a Warrant from the TEC.

 

I have had this happen to me before many many years ago and never heard anything so I (evidently wrongly) decided to remain head down in the ground.

 

Today, I answer my door to a man (don't usually tbh but was expecting a delivery)

and it was a fella from the Bailiffs who said he had come to take payment / clamp my car.

 

He gave me a letter advising the total I now owe is over £200!

 

I got very upset and he was actually ok with me and said I should do all I can to try and get the money together

before he revisits tomorrow when he will have to clamp my car.

 

He also showed me that when he comes tomorrow the letter I'll be getting will be for £40 more than today's!

 

He said that they will be coming on Friday (3rd Visit) to remove my stuff

but I asked if they could force their way in and he said that no they couldn't,

I didn't have to let them in but they would just keep coming back.

 

Now after a bit of panicked research my car is now not at home and as I understand it

when he comes tomorrow and Friday I can just not answer the door (or hopefully not even be in) ... is this right?

 

What happens then?

Is it likely they'll keep coming back again and again if they can't bill any more chargable visits?

The bailiff co is from about 250 miles away so surely they'll not keep coming back if they can't charge for it?

 

Also, my car is literally worth peanuts...

I bought it for less than £300 2 years ago so it'll be even less now....

. would they bother with the costs of clamping and towing?

 

I rang the TEC who advised me of the date that the Warrant was issued, am I correct in thinking that this will expire after 12 months?

 

As for the other PCNs which are all at the TEC stage will they get Warrants issued to run one after another (ie in April 14, 15, 16 etc) or will they run concurrently?

 

I realise that I need to sort this out but literally cannot afford £300 per parking ticket

and was wondering if writing to the council with a proposed payment plan would be a good idea..

.. if the bailiffs can't gain access will the matter go back to the council?

 

Should I write to them now do you think before the others have the bailiffs attached?

 

SO confused and worried and I know its my own stupid fault but I realy really need your help :(

 

Many thanks for any responses.

 

Peaches :)

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Hi Peaches-welcome to the forum.

So far you are doing everything ok. You have moved your car away from your property, you have not let the bailiff in and you are not going to answer the door when he next calls.

Despite what they say on their letters, they cannot break in, call a locksmith or get the Police to help them get in. Never let them in for ANY reason.

 

However you will still have to pay the tickets. Do you live alone with your one child? Are you on benefits? The reason for asking is that you may then be classed as vulnerable and have the

account removed from the bailiff and returned to the Council. However they will want some assurance that you have a plan to repay the tickets.

 

Check with the Council asap and see if any of them have not reached the TEC and see if you can pay those first to avoid the further costs on those or whether you can lump them altogether

and pay them off over a number of months.

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Thanks for your reply :)

 

Got up this morning (after a very restless night :-() to find the second letter on the doormat having been delivered by hand - he obviously hadn't knocked though as I would have heard him!

 

This one is very similar and says they've not received a response, he is instructed to proceed with the removal and sale of good and says "REMOVAL may take place even in your absence" - is this a scare tactic? ie they could but they'd have to have peaceful entry first?!

 

So now presumably tomorrow will be visit 3 with some sort of removal van/additional people? We're supposed to be going out tomorrow and in one way that seems the best way to me but in another what if I'm not there??!!

 

I am just on with writing a letter to the council too with details of all PCNs and a proposed plan to pay them off. It'll be a slowish process but at least they'll be getting a manageable amount regularly rather than nothing right?

 

:Cry:

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Thanks for your reply :)

 

Got up this morning (after a very restless night :-() to find the second letter on the doormat having been delivered by hand - he obviously hadn't knocked though as I would have heard him!

 

This one is very similar and says they've not received a response, he is instructed to proceed with the removal and sale of good and says "REMOVAL may take place even in your absence" - is this a scare tactic? ie they could but they'd have to have peaceful entry first?! Your interpretation is that they will force entry but what they really mean is that they can remove items outside - car, garden furniture, bbq etc - for which you do need to be present. If it were for items in the home then you correct they need peaceful entry first.

 

So now presumably tomorrow will be visit 3 with some sort of removal van/additional people? We're supposed to be going out tomorrow and in one way that seems the best way to me but in another what if I'm not there??!!

 

I am just on with writing a letter to the council too with details of all PCNs and a proposed plan to pay them off. It'll be a slowish process but at least they'll be getting a manageable amount regularly rather than nothing right?

 

:Cry:

 

Your difficulty is that by ignoring everything previously you have ended up in this position and really there is no wriggle room. I doubt whether the Council will listen as they will say you had all these notices and ignored them. Only if you can avoid the Bailiff or prevent him gaining a levy on your goods and the Warrant is returned to the Council - but they are valid for 12 months - would be your salvation. I think it has been mentioned do you have any medical/family problems that may render you vulnerable? Have you considered contacting your local Councillor(s) and asking if they can help.

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No I have no needs that make me vulnerable per say. I do work but I am not highly paid and I am a single parent so there isn't much left after bills. I have drafted a letter to the council but now I feel like they'll just say no anyway :( Shall I post it to see what you think?

 

The bailiffs can only charge for 3 visits can't they? Will they keep returning throughout the 12 months intermittently even if they can't charge? or will they do 3 visits, give it a few weeks then return it to the Council? This happened with a council tax debt I had about 10 years ago... the bailiffs came, I didn't let them in, heard nothing then arranged a payment plan with the council?

 

Thanks P x

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You are a single parent with a young child and could be classed as vulnerable, contact the council, do not take no for an answer and ask for the debt to be taken back by them and agree/offer the best payment plan you can afford.

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Oh, no. In our area there are these parking disc clocks where you set it to the time you parked and then depending on the specific street/area you get 1, 2 or 3 hours before you need to move your car/update your disc.

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Ok, so we've been out all day from about 10.30am, just got in now. Nothing through the door suggesting they've been... so I'm assuming they haven't? what do you think will happen now? What time can they call until on an evening? Dropped off my letter at the council this morning but am assuming they'll say no :(

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Bailiff company maybe 250 miles away but the bailiff may live in your street so I dont think distance bothers them. carefull your car is not spotted by ANPR or a roadblock.

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Sorry but I have quite a few questions:

 

You say that you have letter from the court advising you that warrants will be issued. I am assuming that you are referring to the Orders for Recovery.

 

If they are the OFR is there a DATA by which you must pay or file a witness statement?

 

How many parking tickets are at OFR stage and how many at warrant stage?

 

Which bailiff company is this?

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Sorry but I have quite a few questions:

 

You say that you have letter from the court advising you that warrants will be issued. I am assuming that you are referring to the Orders for Recovery. Yes, sorry I meant orders for recovery.

 

If they are the OFR is there a DATA by which you must pay or file a witness statement? There is a date but they have all passed :sorry:

 

How many parking tickets are at OFR stage and how many at warrant stage? As far as I am aware there is only one which has been awarded a Warrant but I'm not sure whether any of the ones at OFR stage have also gone through the TEC and received a Warrant also. I have only been visited in relation to one. So 1 with a Warrant, 9 at OFR.

 

Which bailiff company is this? Jacobs

 

Incidentally, I have also checked the certificated bailiffs register and this chap's name doesn't appear on it, is that correct?

 

Not heard back from the council as yet.

 

Peaches x

Edited by peaches83
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The ones which are at Order for Recovery stage, they are still in the council's hands. You need to get talking to the council about making some sort of agreement - a payment arrangement of some sort. If you let them progress to the bailiffs, the situation is going to be much more difficult and the debt much higher.

 

Realistically, how do you see this panning out? Are you in a position to pay at all?

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Jamberson,

 

Sadly from the info posted by peaches in post number 14 the date for responding to the OfR has passed.

 

How many additional PCNs do you think that you had at Order for recovery stage?

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Ok so a mini update: the council have accepted my offer to pay by instalment the 9 tickets not yet with bailiffs instructed and I have made my first payment today to continue monthly until cleared.

 

They have said I'll need to deal with the 10th ticket already with Jacobs separately which I'm not quite sure how to approach.... do I write with an instalment offer or wait for them to return it to the authority and then add this to my arrangement?

 

many thanks all,

 

Px

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Well done for getting those tickets sorted before they went to the bailiffs.that will save you a hatful of cash and cut down on aggro. I think you might be lucky to get the bailiffs to return

their one without a number of further visits.

 

So you will have to keep your car out of site for a while yet. Might be worthwhile seeing if you qualify for any benefits since you have a young child and not well paid. And it would help with

the repayments without leaving your self short of other treats for your child. Can't hurt to ask and if they say yes, that should put you into the vulnerable category.

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The problem that you will have is that on the warrants that the bailiff has they have the vehicle registration number for your car. Therefore as long as you have the car and it is parked close by the bailiff will clamp and remove it.

 

If you do not have a car and you refuse to allow the bailiff into your home then the bailiff will have to accept a payment proposal.

 

The key to getting the matter sorted out rests with the car and whether it is worth anything.

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I would also suggest that you call the council and advise theme that you will ONLY be able to keep to the payment arrangement with them if your car is not taken and bailiff fees kept to a minimum. They should NOT tell you that you have to speak with the bailiff. THEY can ask the bailiff to accept a payment proposal.

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sorry all, not had chance to get on since last week. I'm wary of rocking the boat with the council in case they retract my payment agreement :S

 

I haven't approached the bailiff yet with a payment proposal as the vast majority of spare money I have available will be going towards the council arrangement to avoid them progressing and things getting (EVEN) worse. The amount I'd be offering they would never accept in a zillion years!

 

The car is coming to work with me daily and is parked elsewhere the rest of the time. Its not worth the total payable either... they'd certainly not get enough to cover costs from auction or scrappage!

 

So, update: not had any return visits (as far as I know, been at work since no longer the school hols).

 

Got home today to find 'REMOVAL OF GOODS' letter saying that:

 

'AS THERE WAS NO REPLY TO PREVIOUS LETTERS WE HAVE LEFT THIS FINAL NOTICE BEFORE REMOVAL ACTION'.

 

Then it says:

 

'IF YOU DO NOT CONTACT THE OFFICE WE WILL RETURN TO YOUR PROPERTY WITH SUITABLE VEHICLE AND PORTERS TO REMOVE GOODS TO THE VALUE OF THE ABOVE DEBT AND ASSOCIATED FEES. NOTE: GOODS AND MOTOR EVHICLES MAY BE REMOVED IN YOUR ABSENCE'

 

So where do you think I go from here?

 

P xx

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If they have never gained access to your home then there is little they can do. However anything you may have of value outside may be at risk of seizure/removal. The Notice is designed to make you panic as you interpret it to mean they will force entry if you are not there.

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That letter is meant to scare you into paying. At the moment they cannot break into your property with a locksmith or the Police and remove goods . what they can do is clamp your car

or seize any goods in your garden with a view to auctioning them off.

The previous posts by Tomtubby are very helpful as TT runs a very busy business dealing online with advice on bailiff problems.

It might be worthwhile asking advice from the Council about coming to a repayment scheme with the bailiffs as the Council should understand that if the bailiffs push you too hard to pay their

PCN, you won't be able to keep to your agreement with the Council to pay their PCNs.

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I will email the lady I've dealt with at the council tomorrow. What do you mean by 'at the moment they cannot break into your property' - can they do this later??

 

There is nothing outside of any value and the car is elsewhere. I want to resolve the issue but would rather deal with the council direct, not least because the bailiffs have added on over £350 worth of charges.

 

Thanks for all your replies guys, really appreciate it.

 

P x

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If the council feel that you have no intention of paying the fine they can go to Court and request that the bailiff can break into your home. The Courts very rarely agree to this though

it would obviously help to prevent this situation by contacting the Council offering to pay the fine or asking for suggestions on how to get the bailiffs to agree to staggered payments-best to do it in writing

so you have a record.

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