Bailliff will not discuss offer of payment just wants to attend tomorrow

[summerbreeze]

Hello

Can anyone advise . I am trying to help a friend.

Its regarding an old fine at a midlands magistrates court that has just shown up out of the blue

A bailiff turned up this morning with a distress warrant for an old fine of approx £600 plus £ 300 charges that are not detailed.

The bailiff says he will not discuss the matter and will turn up in the morning with the police and a locksmith to enforce the warrant.

I have phoned him on my friends behalf to try to make an offer of payment but he was not interested at all.

My friend lives with a partner in a rented house [ partner only is the tenant ] and has very few worldly goods and no vehicle of his own.

The bailliff stated to me that he is an ' enforcement bailiff' subcontracted to Marstons. That I would not be able to phone Marstons and that they would just refer me back to himself.

I explained my friends circumstances and said could an arrangement to pay be made.

He said no only full payment because ' its gone past the stage where arrangements can be made'

I have checked on the Bailliffs register and cant find the name on his card.

Please can anyone help.

I think he wants to attend and try to enforce even though the circumstances have been explained just so he can add more charges.

What can my friend do ?

[unclebulgaria67]

What your friend should do is phone the Midland court and ask them to transfer this to their nearest Magistrates court. At the nearest Magistrates court your friend should be able to do a statutory declaration about not receiving any final steps notice and they can ask the Magistrates for a payment arrangement based on income/expenses. ( takes details with them). If the Magistrates accept the stat dec, it would just be the fine to be paid and not any bailiff fees. This needs to be done first thing tomorrow morning.

 

Bailiff do not normally force entry. They should go back to Magistrates to get permission to force entry. What they are trying to do is obtain payment through fear. If the bailiff and/or police visit before this is sorted out, do not even open the door. The Police are not allowed to insist on the door being opened unless the believe that a criminal offence is being committed. Just tell them that this is being resolved with Magistrates.

 

Get this sorted out with the courts and then you don't have to deal with bailiffs. The bailiff may be registered with any court and it is just messing around asking for their details. They do have to be licenced to enforce court fines.

[summerbreeze]

Thank you so much.

 

This matter dates from a long time ago and my friend cant remember the court . He thinks the bailliff mentioned Leicester so will ring them in the morning.

 

Should I compose a letter for him to stick on the door stating that he is unsure what this is about and is contacting the Magistrates court.

 

t Just been told thathe bailliff has stated that he is coming to the house at 6am tomorrow with the police and a locksmith!!

 

 

 

My friend is already talking about trying to borrow the £900

[unclebulgaria67]

Thank you so much.

 

This matter dates from a long time ago and my friend cant remember the court . He thinks the bailliff mentioned Leicester so will ring them in the morning.

 

Should I compose a letter for him to stick on the door stating that he is unsure what this is about and is contacting the Magistrates court.

 

t Just been told thathe bailliff has stated that he is coming to the house at 6am tomorrow with the police and a locksmith!!

 

 

 

He is

 

Just standard threats to see whether they can get payment. Sort it out with Magistrates. A letter can be put on the door that the Magistrates court is being contacted about this and will be resolved directly with Magistrates.

 

Keep accessible doors and windows closed/locked and don't open the door. The Police (if) they are called, often misunderstand the different warrants bailiffs may have. These don't give the bailiff the right to force entry. There are very few occasions when a bailiff can actually use force to enter a private home.

[unclebulgaria67]

Keep any car you own away from your house, as otherwise they may try to seize it.

[summerbreeze]

Keep any car you own away from your house, as otherwise they may try to seize it.

 

Thanks I am presuming a check would be made with the DVLA before a vehicle is seized ?

[summerbreeze]

The Police (if) they are called, often misunderstand the different warrants bailiffs may have. These don't give the bailiff the right to force entry. There are very few occasions when a bailiff can actually use force to enter a private home.

 

Do I need to put anything about tthat in the letter that will be put on the door?

 

It will say that the house is rented in a third partys name ? Should the third party's name be stated ?

[unclebulgaria67]

Do I need to put anything about tthat in the letter that will be put on the door?

 

It will say that the house is rented in a third partys name ? Should the third party's name be stated ?

 

You could put that the house is owned by a third party and that the person named x is only a tenant. You should not provide the name of the landlord/house owner, as I have read that bailiffs have used this info before to try to embarass people into payment. i.e phoning the landlord about the debtor living in their house.

[unclebulgaria67]

Thanks I am presuming a check would be made with the DVLA before a vehicle is seized ?

 

They should, but unfortunately they don't appear to. They have seized third parties vehicles before and they have then had to prove their ownership.

[summerbreeze]

Thank you for your help

 

He phoned Marstons and has got the details of the court now and the date of the fine and amount so he can contact the court .

 

He told the girl at Marstons he wanted to make an arrangement to pay and she immediately transferred him to the actual bailiff's mobile and he said' No chance .. full payment only and see you at 6am ' !!!

 

I will write on the letter about sorting it out with the magistrates and about the tenancy and goods in the house not belonging to him . I will state that he does not own a vehicle .

 

Is there anything else I need to state ?

 

Should he sign it ?

[Peterbard]

I would not sign anything - TBH, I doubt the bailiff will take any notice of the note on the door sadly. I also doubt (but cannot be sure) he will turn up at 6am in the morning.

 

The advice given of ensuring the court know your friend did not receive a FSN is excellent. In addition to returning it to the stage it was at then, I would also ask for a Means Enquiry Hearing. There is no obligation for the court to grant one of these, so if your friend can go to the court in person and be persistent (NOT rude) - just keep turning up and asking. If possible get a doctor's note stating depression or such like if this is having a detrimental effect on your friend's health, as this will undoubtedly increase the chances of a Means Enquiry Hearing being granted.

[summerbreeze]

Many thanks to you Unclebulgaria and also Davyly

 

Sadly the Bullyboy has won in this case. My friend was so scared about this guy turning up in the morning that despite my advice he has borrowed the money and paid up in full !!

 

I wish he had listened to my counsel but I understand his fears.

 

Thanks again

[renegadeimp]

He really should get a full complaint in about that bailiff and their threatening behaviour. If he doesnt, then he is agreeing with what the bailiff is doing and is helping that bailiff harass other people.

[summerbreeze]

I will tell him to do that but who should he complain to ?

[renegadeimp]

Bailiff and the court. Nto sure if theres a bailiff ombudsman but this bailiff does need reporting.

[Peterbard]

He'd have to follow the company's own complaints procedure first, and if serious enough it could be taken to the LGO. He will need solid proof of everything alleged above.

 

The £300 fees are comprised of an initial £85 Admin Fee followed by a £215 Attendance Fee = £300. They're agreed in the HM Courts contract with the bailiff companies.

[brassnecked]

Don't think it would be LGO for criminal fines, the HMCS Senior Enforcement area manager, may be a better bet, after the court manager has been appraised of the situation. A letter to your MP also is worth a punt, always good to tell them how Enforcement is working (not)

[Peterbard]

Don't think it would be LGO for criminal fines, the HMCS Senior Enforcement area manager, may be a better bet, after the court manager has been appraised of the situation. A letter to your MP also is worth a punt, always good to tell them how Enforcement is working (not)

 

You are right, thank you. Taken from the LGO site:

 

"If your complaint concerns the bailiffs’ actions in collecting council tax, business rates or traffic enforcement penalties arrearsthen the Ombudsman would normally investigate your complaint."

 

They're anything to do with Councils basically, and even then may want you to take the court route.

 

I couldn't work out how to list the HMCourts Senior Enforcement Managers or I would have done so.

[tomtubby]

What I find really worrying is that people contact a bailiff to make a payment arrangement to pay a debt that they do not know anything about !!!

 

Instead, your friend should have been making enquiries with the Magistrates Court that issued the fine. If you friend had not received a summons then he would be allowed to file a Statutory Declaration and the effect of this would have been to "rewind" the matter back to the beginning and a NEW summons would have been sent giving your friend the opportunity to complete the Means Enquiry form.

 

Even if payment has been made he is still permitted to file a Statutory Declaration.

[brassnecked]

I would take tomtubby's advice and get him to swear that stat dec, then all the bailiffs fees would be refunded, allowing the original fine amount to be paid.