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PCN's left, collect services bailiffs at the door!! HELP


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Afternoon,

 

Im not going to make any quips about what ive done, was extremely stupid & now im paying the price...

 

Without going into too much detail last year i was trapped in a violent marriage, i racked up some PCN's which i swept under the carpet for various reasons, im now out of the marriage & after suffering a break down on the mend, im now a single mum to 3 children, ages 2,3 and 9, the 2 year old is disabled, these pcns have now come back to haunt me...

 

Ive had a bailiff at my door today with a letter stating i owe £1133.68 in bailiff fees for the 2 pcns, after trying to explain the situation he then threw a one liner back at me which was 'well u should of known better than to put your children in this situation, its not my job to care its my job to collect what you owe'

i do not have £1133.68, im having to struggle on income support & food bank parcels at the moment & he also demanded that i pay by 6pm tonight or he would enter my property (legally) and seize whatever goods i have.

 

i asked him about a payment plan to which he flatly refused as time had gone to far, i then rang collect services and explained and they referred me back to thier unhelpful bailiff, im now a bit stuck as to what to do and what will happen next, these parking fines were from almost 12 months ago, im slightly scared hes gonna come in while im alone with my children & scare them to death, im also under enough stress as it is without the worry of a man turning up when he likes to come into my house, if anyone could help with this id appreciate it.

 

many thanks... p.s i also emailed the company this email:

 

 

having spoken to you bailiff peter, im now forwarding this email to yourselves also:

 

Dear Sir/Madam

 

Im writing to discuss payment of these debts with yourselves, at this moment in time im suffering serious financial hardship, im working with the CAB and a solicitor to try and resolve my debt.

As i am a single mother of 3 on income support and disability living allowance, also a victim of domestic violence which im still receiving support for im regarded as a vulnerable person and ask you to consider a payment plan that i can comfortably afford, i have a copy of my in goings & outgoings which i can forward to yourselves if you accept my request.

 

Many thanks,

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" im now a single mum to 3 children, ages 2,3 and 9, the 2 year old is disabled.....im having to struggle on income support & food bank parcels at the moment & he also demanded that i pay by 6pm tonight or he would enter my property (legally) and seizelink3.gif whatever goods i have."

 

First off get that email out to Collect, the council parking department and the CEO, and elected leader.

 

You most definitely vulnerable and the bailiff should withdraw, If he continues they could be in breach of health & Safety law for failure to risk assess the effect of the enforcement on a vulnerable debtor.

 

Even if he has listed goods he cannot use that as an excuse to come in and "and seizelink3.gif whatever goods i have." you should hide any car and deny him entry.

CAB should be pushing your vulnerability and demanding the bailiff be withdrawn.

 

I am going to flag this for tomtubby, she may well have an angle on this.

We could do with some help from you.

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Afternoon Bexxi

Did he actually enter the house and make a list, or did he just stand at the door and intimidate you ?

What if any paperwork did he leave you ?

 

afternoon fulhamboy,

 

he didnt enter the house or make a list as i wouldnt answer the door, the only paperwork he gave me were a standard collect services letter stating the reason for visit and how much i owe etc.

then there was a seperate little slip i assume he added himself saying...

 

PRE REMOVAL ADVICE

 

Unless paid in full by credit card or arranging with the bailiff for collection of the full sum today by 6pm, our removal bailiff will return after that tike to sieze your vehicle or remove your household goods as an alternative.

 

If necessary legalnentry will be made even in your absence.

 

To avoid this action call:

 

thas all.

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[/i]First off get that email out to Collect, the council parking department and the CEO, and elected leader.

 

You most definitely vulnerable and the bailiff should withdraw, If he continues they could be in breach of health & Safety law for failure to risk assess the effect of the enforcement on a vulnerable debtor.

.

 

 

 

Thank you, i did email this to collect, and the council, how would i contact the CEO & elected leader?

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Don't worry Bexxi hide the car, as you have a DLA claim is the car Motability? if so he can huff and puff but cannot do anything to the motor. If not Motability hide the car away from your property to stop him clamping or levying it. Legal entry means the muppet persuades you to let him in, something you are NOT going to do are you!. He has no right to force entry, deny him a levy and he is relatively powerless.

 

I have sent tomtubby a pm to look in on your thread.

We could do with some help from you.

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We wont have long before the experts come on here but you done the right thing by not letting him if he does come back try to record or

film him on your mobile ., definitely dont let him in Scare tactics , he cannot break in

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We wont have long before the experts come on here but you done the right thing by not letting him if he does come back try to record or

film him on your mobile ., definitely dont let him in Scare tactics , he cannot break in

Exactly, which council is this, as the details will be on their website. As Fulhamboy suggests film him even with a phone through the window, or letterbox to capture his threats which will come in handy when you kick them for ignoring an obvious vulnerability.

 

I feel the bailiff knows you are vulnerable and is trying to force beer tokens from you before the case has to go back to the council. Do not give in to his toothless threats.

We could do with some help from you.

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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!

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Has the bailiff left a seizure notice against your car?

 

Has the car been clamped?

 

Do you still have the car and if so....roughly how much is it worth?

 

Please post back asap.....

 

 

hi, umm i dont have that car anymore, bjt i do have a car but its on HP so im on the understanding that they cant touch that as its not legally mine as im still paying for it?

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hi, umm i dont have that car anymore, bjt i do have a car but its on HP so im on the understanding that they cant touch that as its not legally mine as im still paying for it?

No they can't but still may insist they can sell it and square it with the HP company, that is not true, and is used as a threat, remember

 

Rule 1 Bailiffs LIE

 

Rule 2: refer to rule 1

 

If they levy the car provide the council and bailiff company sight of the HP docs, and any fees attached are unlawful.

 

In any case provide proof of your child's disability to council & bailiffs and tell the council you will not deal with the bailiff as due to your background of escaping domestic violence you are easilly stressed and cannot trust the bully bailiff to deal fairly with you notwithstanding that as a vulnerable family they shouldn't even now be involved, as you would like to pay the council direct at a rate you can afford.

We could do with some help from you.

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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!

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he cannot take a car that is subject to HP. However he will not know whether you have another car as the warrant that he will have will only have the registration number of the previous vehicle.

 

I have sent you a message with suggested wording for your letter. Try not to worry.

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he cannot take a car that is subject to HP. However he will not know whether you have another car as the warrant that he will have will only have the registration number of the previous vehicle.

 

I have sent you a message with suggested wording for your letter. Try not to worry.

 

Thank u very much for your help... My mind is a bit more at ease now. :)

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Excuse me mark1960 but my car is on hp at a very low rate, it's a car used to take my disabled daughter to her consultant and physio appointments over 40 miles away every week & that's what her disability payment pays for as until the child is 3 they do not pay out mobility or give monility cars, not that it's any of your damn business !! How dare you come on my thread and insult me !

 

No probs Bexxi-My point was that I was chastised for wishing to appeal against a PCN yet the same people are now saying it is OK for you to do so.

 

I did not insult you-I was told that I "had opportunity to pay yet didn't" You are being told differently.

 

My case actually involved a single mother who had been a victim of serious domestic violence which resulted in the abuser being jailed-I got slaughtered on here last night for no other reason than being a male.

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he cannot take a car that is subject to HP. However he will not know whether you have another car as the warrant that he will have will only have the registration number of the previous vehicle.

 

I have sent you a message with suggested wording for your letter. Try not to worry.

 

Hi TT is it not possible to post the suggested wording for the letter on the thread to help others as well?

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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In fact I sent suggested wording for the poster to send as a TEXT message. Many times text messages are are good means of communicating with a bailiff and at least gets the bailiffs attention !!

 

The message was to bring to the bailiffs attention the debtor's "vulnerability" and advising him that she would not be allowing the bailiff entry into her home and that due to his threats and excessive fees that she would be making a formal complaint to the council.

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In fact I sent suggested wording for the poster to send as a TEXT message. Many times text messages are are good means of communicating with a bailiff and at least gets the bailiffs attention !!

 

The message was to bring to the bailiffs attention the debtor's "vulnerability" and advising him that she would not be allowing the bailiff entry into her home and that due to his threats and excessive fees that she would be making a formal complaint to the council.

 

Thanks TT, very good advice, as the bailiff will then have no excuse if he continues enforcing using shenanigans and threats. Even if he deletes the text Bexxi will have a record of the text in her sent folder and it will indicate date and time so could be used in a Formal Complaint.

 

As to bickering, this posters situation is extremely serious and urgent so needs focused and clear advice without distractions. Yes I know I am as guilty as others.

We could do with some help from you.

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At least with text messages there is an "audit trail" so to speak.

 

I work one day a week for a small debt charity and last week had a lady who was desperately trying to get a bailiff to accept a payment proposal regarding a Liability Order of around £450. She had not allowed the bailiff into the property and she did not have a car. The bailiff "tried" to charge an "enforcement fee" of £175 and would only accept an immediate payment of £250 with the balance over three payments to include his "enforcement fee".

 

I advised her not to speak with the bailiff and instead, to send a TEXT message and to make sure that she included her ref number. From memory the wording was something like this:

.

.

.

 

"I have a Liability Order for £450. You have never levied upon goods and therefore your fees are capped at £42.50 for two visits. You cannot charge an "enforcement fee" as such a fee is not in the regulations. You are instead attempting to charge an ATR fee. I have taken advice and I now know that such a fee may only be charged in cases where there is a prior valid levy. I will not be paying this charge. I am a single mother and currently out of work. I will not allow you into my home as this will involve additional fees being added to my account. Also, I do not have a car. The maximum that I can pay is £70 per month and I will make payment by the end of each month. If you are willing to accept this proposal please reply by text by the end of today. Please do not call me. If I do no hear back from you I will pay the council direct. Please also confirm that the "enforcement fee" has been removed"

.

.

.

 

The bailiff responded to reject offer of £70 per month but stated that he would accept £85 per month. The debtor agreed.

 

I was not impressed however to hear that in the bailiff's reply he tried to claim that he had NOT charged an ATR fee but that he was simply advising her of the cost that she COULD be liable if he had to return with " a van"....... ( yeah right!!!)

 

PS: All bailiffs have access to computers and with text messages they can update their records straight away.

 

If sending texts...keep to the point.....make sure that you mention any vulnerability and offer to show any documentary evidence. Keep everything brief if possible.

Edited by tomtubby
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Thank you very much for everyone's help, I sent the text message lastnight and have heard nothing back so far. I couldn't inbox u back TT to say thank u :)

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PRE REMOVAL ADVICE

 

Unless paid in full by credit card or arranging with the bailiff for collection of the full sum today by 6pm, our removal bailiff will return after that tike to sieze your vehicle or remove your household goods as an alternative.

 

 

 

 

 

Is this allowed, I thought it wasn't permitted to force someone to use credit to pay debts ?

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Is this allowed, I thought it wasn't permitted to force someone to use credit to pay debts ?

 

i did question that part myself, as ive never seen anything like that before, thats why i said i assume he added that little extra slip in himself as more of a pressure/scare tactic

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They are saying credit card OR paying the bailiff in full.

 

I have questioned card charges & the council have replied:

 

"the cost of handling this type of payment is allowable under Section 93 of the Local Government Finance Act 1993."

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ok so today i receive a letter from the council saying that despite my email i sent they cannot issue an installment payment plan as its with the creditors and have to refer back to the,, who will then refer me to the bailiff agai.... im stuck in a circle.. any suggestions please?

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