Excel baliffs

[kblbmbuk]

I was fined in the magistrates court for unpaid car tax. I received a fine of £600 (I didn't attend court). As soon as I received the fine, I wrote to the court asking to pay in installments.

I didn't hear back so paid my monthly offered amount. I then received a letter from excel baliffs stating they were going to execute a distress warrant.....

I researched this and found a distress warrant can only be issued if means testing had taken place (which it clearly hasn't).

 

I then wrote back to the court stating this and to excel to inform them I would be contacting the court. All I got back from the court is a letter saying deal with the baliffs and a copy of a letter about payments which I didn't receive.

 

I have now had 2 baliff letters through my door...and also a letter from a company called M3PR - specialist enforcement removal specialists, who claim excel have told them to attend and remove goods. The baliff left a letter yesterday saying goods will be removed tomorrow.

 

Fees of £300 have also been added,so my £540 outstanding amount is now £840.

 

On Monday I will have the £540 and was intending to pay the court direct, but am now worried sick baliffs will appear tomorrow to take goods.

 

What should I do?

 

Apologies for the long first post too

[unclebulgaria67]

Get down to the court and find out what they are up to. Following your letter, you should have been asked to attend the court for a means hearing. If you have never had the payments agreed, then the court would proceed, with bailiffs employed.

 

Only way of resolving is to attend the court.

[tomtubby]

It is almsot certainly the case that if you had not received a response to your letter that you should have called the court. Also, did you receive a Further Steps Notice and was before the warrant had been sent to Excel ?

 

You have said that you did not attend court. However, did you receive the summons and did you return the form to indicate whather you wished to plead guilty or not guilty?

 

Did you send the Means Enquiry Form back to the court?

[kblbmbuk]

I didn't receive a means enquiry form. I don't know what a further steps notice is, so will look at my paperwork.

And I received a summons but did not send anything to the court regarding how I wanted to plead.

[tomtubby]

With the summons you should have also received a Means Form.

 

If you read the thread that I started regarding TV Licensing you will see that I constantly keep urging the public to not ignore a summons and the reasons why.

 

Unfortunately, in your case, as you had failed to respond to plead either guilty or not guilty the court in imposing a sentence had not been able to take an "early mitigation" into consideration and furthermore, you should find as well that instead of 3 penalty points being imposed you have very likely had 6 penalty points against your driving licence. It is worth checking.

 

How much did you offer the court and how much have you paid so far?

 

In quite a few cases debtors are able to file a Statutory Declaration and the effect of this will be to "rewind" the proceedings.

 

However....a word of warning......a stat dec will normally only be accepted in cases where such an application is made within 21 days of "becoming aware" of the fine !!!

 

Can you post back...

[kblbmbuk]

I have had no penalty points. I got a fine, nothing else.

 

I will be paying the outstanding amount of £540 on monday, I have paid £60 so far.

 

I just want to stop the baliff, who in mind shouldn't be calling anyway.

 

I will pay the remaining fine direct to the court and not the baliff. I have no intention of paying the baliff fees

[tomtubby]

Oops sorry....I had not taken on board the fact that this is to do with unpaid car tax.

 

I really would strongly suggest that you call the court and explain the fact that you had written to them. Have you tried doing this?

 

Also, you need to state as well that you had not received a Further Steps Notice.