Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3910 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi .I need some advice

 

my 20 year old son a year ago was taken to magistrates court for not having a £1.80 train ticket .

He as they do ignored this .

 

This became a £00.00 debt with costs etc which he arranged to pay monthly

and did until he became unemployed towards the end of last year .

 

The debt was moved to collectica .

 

I called when they notified him they adding more to the O/S balance

and after he gave his authority for them to talk to me I explained he was unemployed

and waiting for benefit to be sorted and wanted to make an arrangement to pay but currently he had no income .

 

They told me that wasnt their problem and needed proof he was unemployed.

 

They said they would send bailiffs and i explained he didnt own anything and had no income or money .

Again I was told they were not interested .

 

I sent the required documents to show he was unemployed and heard nothing from them

 

until a bailiffs letter was pushed through the door .

 

I again called and said that he had now managed to secure a temp job for 3 months

so would be able to make payment at the end of june .

 

They said they would not up the file but had never been told or notified he was unemployed

and that they would not stop the bailiff action .

 

He called at the end of June and made a payment that they excepted and charged him to make by his debit card .

 

Today I have received another bailiffs letter saying they are calling tomorrow a

nd will force entry into my house and take possession for the debt .

 

I called the bailiff explained this was my home and my son had no possessions here apart from clothes etc

and that he was making payment and would make a further payment at the end of this month .

 

He said he wasnt interested and would be calling and forcing entry.

 

I said i would report him to the police if he broke into my home or forced entry .

He then told me not to threaten him and that he had a warrant as it is a magistrates court debt

so he can and will force entry into my home .

 

I have read confusing information online and I am really at a loss what to do .

I now will have to not go to work tomorrow for fear he will break into my house .

 

Please help as i really dont know what to do I cant afford to pay the debt which is now nearly £600.00

and neither can my son only having secured a 3 month contract

 

Michelle

Link to post
Share on other sites

Did he ever file for a variation order so he can show the court his I&E and have payments reduced?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

If its a court order, then you file it through the court. Bailiffs do not care about the debtor. They just want the money.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

There is little point the bailiff calling if he doesnt have any assets. WHat you must do is keep windows and doors locked, go to the nearest court and file a statutory declaration ( takes around 10-15 mins) to the effect that everything in your house is yours and he doesnt own anything.

 

Unless you follow the rules and get things filed, the bailiff will carry on regardless. In their eyes, theyve heard every excuse in the book.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

A Statutory declaration at the magistrates court that all goods and chattels are yours may help mention that the bailiffs are being obstructive and threatening you personally, a third party to the debt. Others will have better advice

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Also note that the bailiffs cannot force entry without a court order.

If you get that stat dec done and file a variation order,

if they try and get a court order, it will be refused.

 

DO it first thing in the morning and it will give you some breathing space.

 

The reason bailiffs are involved now is because a court order was made,

but your son didnt advise them of his new circumstances so a variation order could be made.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

yes I get that but I wanted some advice on what I can do when this bailiff calls tomorrow as I can not get a court variation before the time he has said he will be calling and now ...di I have to let them in ..can they force entry if i am out ..can they force entry if i am here and refuse to let them in ?

Link to post
Share on other sites

ok so they can not force entry ..I dont have to allow them in and I need to get to the magistrates court and declare all in my own belongs to me and my son needs to contact the court for a variation order .is that it in a nutshell ?

Link to post
Share on other sites

You need to impress on the magistrates court staff that the named debtor has nothing of value at your address, and all the goods and chattels there are yours, as per the Stat Dec, then mention payment arrangements are being refused by the bailiff who is continuing to threaten you with taking YOUR goods for this debt.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

ok i can look to do that in the morning ..but do they have right to force entry as he says he has a warrant and that he will be bringing a locksmith and the police to gain entry

Link to post
Share on other sites

Not applicable as this is a Magistrates Court Fine.

 

Gotcha. Thanks for the info.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

magistrates warrant, they can force entry but it is rare

 

its a CRIMINAL FINE, .

 

not a civil matter.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

ok i can look to do that in the morning ..but do they have right to force entry as he says he has a warrant and that he will be bringing a locksmith and the police to gain entry

 

prob al willy waving.

 

if your son can pay, pay THE COURT DIRECTLY.

 

get him to go tell the court he is un-en and cannot pay.

 

they'll sort it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

thanks for all the posts ..still not sure what rights this bailiff against my home and my possessions when he calls tomorrow and if he can force me to let him in

Link to post
Share on other sites

Can the bailiff force entry into my home?

 

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes.

However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.

 

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress

was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004.

This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

 

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

 

nicked from somewhere!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The enforcement of court fines is a very confusing matter and sadly there IS the right to force entry (although there are many conditions imposed and it is still quire rare.

 

Crucially, if the bailiff were to force entry it is purely in order to remove goods belonging to THE DEBTOR. If your son was 35 years old there may be a problem convincing a bailiff that he does not own any goods by frankly, with your son being just 20 years old an bailiff in their right mind would know that the chances of you son owning all the gods in the property are remote.

 

The bad news is that the bailiff will be trying to get YOU to pay your son's debt and this is easily done by threatening the use of a locksmith. In the main this is a "threat" and you will need to be very firm and refuse to deal with the bailiff.

 

This is NOT your fine and therefore you should not be paying this debt.

 

Do you know which court is dealing with this debt?

Link to post
Share on other sites

Good advice from tomtubby, hopefully it clarifies what the bailiff is trying to do, if for example he levies, takes and sells YOUR car for this debt, irrespective of it being a magistrates fine, he and his company would be in the soup, just like a frog being boiled by stealth, as his action is then criminal of itself, viz theft of motor vehicle. At all times the bailiff cannot seize third party, your goods for your sons debt, he would like you to pay it though.

 

Incidentally, I wonder if Collectica muppetry will come under investigation, their parent company Serco having been caught out acting fraudulently?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

 

Incidentally, I wonder if Collectica muppetry will come under investigation, their parent company Serco having been caught out acting fraudulently?

 

 

 

It is well known in the "enforcement" industry that HMCTS will shortly be looking at tendering for a "Partner" to undertake all aspects of Magistrate Court FINES and it is a known fact that Serco were looking to the future when they purchased Philips back in 2011.

 

Yesterday afternoon I was reading a copy of the press release that they sent to me back in 2011 and I remember calling their press office at the time to question how they had calculated that court enforcement/fines etc would be worth over £5 BILLION to the company !!! I never did get a straight answer !!!

 

I would think that other "bidders" for the HMCTS court contracts will be delighted at yesterdays news.

 

PS: As I understand it, companies that currently have the HMCTS contracts will NOT be bidding.

Link to post
Share on other sites

It is well known in the "enforcement" industry that HMCTS will shortly be looking at tendering for a "Partner" to undertake all aspects of Magistrate Court FINES and it is a known fact that Serco were looking to the future when they purchased Philips back in 2011.

 

Yesterday afternoon I was reading a copy of the press release that they sent to me back in 2011 and I remember calling their press office at the time to question how they had calculated that court enforcement/fines etc would be worth over £5 BILLION to the company !!! I never did get a straight answer !!!

 

I would think that other "bidders" for the HMCTS court contracts will be delighted at yesterdays news.

 

PS: As I understand it, companies that currently have the HMCTS contracts will NOT be bidding.

 

Perhaps then they are trying to get as much as they can by whatever means before they are out on their ears?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

I don't believe that they will be "out on their ears" at all. What will be happening is that various companies will be seeking contracts with the HMCTS new "Partner" . After all, bailiffs will still be required to enforce unpaid court fines although it is to be expected that if the new "Partner" carries out the Contract well that the number of distress warrants SHOULD reduce significantly.

Link to post
Share on other sites

Good Morning All and thank you for the advice .

 

Just an update on what happened

 

I called collectica to try and make a payment arrangement . They would not talk to me their automated system just kept sating once the ref number had been entered that it was with the bailiffs and to talk to them . So called said Bailiff and asked if he was empowered to agree a payment arrangement he said he will only accept full payment or goods . So I asked if that meant he wasnt empowered to agree a payment arrangement he again repeated his previous response . So I told him again there were no goods here that belonged to my son and he didnt have the money to pay in full .He just said he would make a note of that and hung up .

 

So I then rang the court where the fine had been issued from ..After quite a bit of the its with the bailiffs I eventually found out that the warrant ( and they couldnt tell me the rights of the bailiff which I thought odd as they issued the warrant )only stays with the balliff for a small amount of time . It is then returned to the court and at that time a payment arrangement can be made with the court . Luckiliy the lady I spoke to said she would find out when it was being returned to the court and comeback to me .She did and guess what it was being returned to the court that day so no balliff would be calling .

 

Call me cynical but I think that because I pushed at the magistrates court saying no one would agree a payment arrangement even though collectica had taken payment from my son maybe pushed them into getting the warrant back to them .

 

Thanks again for all the advice

 

M

Link to post
Share on other sites

Glad you got the right result. Collectica are part of Serco, perhaps they will be investigated for fraudulent practices along with Serco. Methinks they thought if they pressured you you would pay up, after they realised your son was not a prospect, notwithstanding you would have to appraise the court of the futility of enforcing against the named debtor at your property, there being no property belonging to him there, so any levy void.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...