swift bailiffs wont acecept any offer please help

[dannyp33]

hi all I had a vist from a swift bailiff for a unpaid tv license fine 2 days ago who said he had a looksmith on the way. I did not let him into my home as I came home from work and he was sat in his van outside my house and he told me I had 1 hour to find the full payment of 650 pounds witch I just cannot afford

 

I made him a offer of 100-150 pounds a month witch in no way was he going to accept and kept threating me with removal of goods from my home within the hour until I saw the letter he put through my door before I got home witch stated I had 24hrs to pay he was not happy when I pulled him up on this so he left saying he would return in 24hrs if I had not contacted him with the full payment then he left.

 

I then phoned swift to try an sort something out with them but was told by the first person I spoke to too explain my circumstances and he should be able to help me. so I rang him back and tried again but he just kept saying I would not be getting a payment plan and I had to pay in full amount by the time my 24hrs were up.

 

so I rang swift back and ask to speak to a higher person in charge. when she came to the phone her first words were hello I can only give u the same advice my colleuges gave you to witch I replied so u will listen to me but not help me to witch she replied correct so I hung up the phone. so I rang him back up the next morning to inform him that they was no way I could pay fine and explain I have 4 children and a disabled partner and that id spoke to varous people regarding this matter such as citizens advice the courts and his own company with all more or less saying he could help me out if he wanted to it is in his hands.

 

he replied by saying I thought u was a genuine person and thought I was going to pay and that I just said I was going to try to sort out to get him from my home and then ring him and say I was not going to pay. this made my slightly angry as ive tried my best to come to a solution even saying why would I ring u to say I cant pay if I was not trying to sort out to wich he replied listen I don't care what citizens advice the courts or any body has to say you will pay the full amount or ill be back next week to remove goods.

 

so I told him u are supposed to come back today when then 24hrs are up not anytime he feels like it I just want this sorted. he said no ill come when I want to.

 

ive been told by varous debt advisors not to let him in and get it reffered back to court but I no he can just get a locksmith and just enter my property witch ive been told nine times out of ten they wont do because they have to pay a locksmith there and then out of there pocket.

 

i just dont no where i go from here im making offers but just wont aceppet any of them

Edited March 7, 2015 by honeybee13
Paras.

[unclebulgaria67]

If enforcement agents (new name for bailiffs) refuse an offer related to a Magistrates fine and you cannot afford it, you should be able to attend the Magistrates for a means hearing. You would need to take with you full details of your financial circumstances e.g payslips or benefit income, plus up to date bank account statement.

 

Phone the Magistrates first thing Monday to arrange the means hearing and get it sorted with them. Explain that Swift are refusing the offer of payments made to their agent and threatening to break into your home. Speak to the courts manager if you need to.

 

Swift are acting for the courts, so if Swift are not helping you come to a payment arrangement, then the courts should be willing to listen to you.

 

Nb. For a criminal fine, enforcement agents can break into a property, but not if no one is at home.

[dannyp33]

thank you for your quick reply. I will ring them first thing Monday. but a lot of people online are saying the courts are reluctant to give people a means hearing

[wonkeydonkey]

Have you put your offer in writing? Dealing with a bailiff over the phone is a waste of time you need to put everything in writing. Along with your offer to payment proposals you will need to provide them with an income and expenditure sheet and proof to their being a disabled person within the household.

It would also be a good idea to show you are genuine with your offer and enclose a payment to what can be seen to be affordable and sustainable.

 

On the above point do not be tempted to offer what you cannot comfortably afford to keep on paying on a set date, for if you then miss or make a late payment they will take that to be a default and you will be back to square one.

 

Always keep a papertrail and record all calls.

[dannyp33]

thank you wonkeydonkey ive written letters this morning to the courts and swift witch I will post first thing Monday morning. I also will start recording phone calls . am my in my rights to record him if him comes back and the conversations we have in person

[wonkeydonkey]

thank you wonkeydonkey ive written letters this morning to the courts and swift witch I will post first thing Monday morning. I also will start recording phone calls . am my in my rights to record him if him comes back and the conversations we have in person

 

You are indeed permitted to record his visit, also check to see if he is wearing a body cam that records the visit then you can. if needs be, ask for a copy of the said 'recording'. As an added precaution I would keep back printed copies of your letters and pass them to him from a window or through the letterbox with the recorded telling you are not refusing to pay the debt but merely await a reply to their acceptance of your payment plan.

 

He will undoubtedly tell you he has a locksmith on the way but should he wish to attempt forced entry while the matter is seeking a resolve, then film everything and contact the court and your MP without delay.

 

PS send your letters by email initially and then post the hard copies on Monday.

[dannyp33]

thank you wonkey donkey I will get onto sending the emails now your help is much appreciated

[ploddertom]

For Swifts read Marstons.

[ploddertom]

Did you know about the original fine? If so did you attend Court or if not did you fill in a form about your means?

 

Before Swifts attended did you receive a Further Steps Notice from the Court asking you to bring your account up to date? Have you moved since the original offence & if so did you advise the Court?

[%Ostrich%]

Locksmiths are only used on people who refuse to cooperate or ignore the bailiffs.

 

As you've made several calls to the Swift office offering a suitable payment plan, the bailiff won't get authorisation to use this power. As you've seen already, it's an empty threat on this occassion.

 

I don't think I've ever seen a single instance of Swift removing anything, never mind forcing entry to a property.

 

There's nothing to stop you paying them online if the bailiff continues to be awkward.

[Bailiff Advice]

If enforcement agents (new name for bailiffs) refuse an offer related to a Magistrates fine and you cannot afford it, you should be able to attend the Magistrates for a means hearing. You would need to take with you full details of your financial circumstances e.g payslips or benefit income, plus up to date bank account statement.

 

There is a great deal of confusion about a 'Means Hearing' and when...and if such a hearing can be made.

 

With TV Licensing for example; a visit would first have been made and the TV Enquiry Agent (employed by Capita) would have asked the debtor a series of questions to ascertain whether the debtor is working or unemployed and what benefits (if any) they receive.

 

The debtor will then receive a summons from the court and there will be a section on the form with tick boxes for the debtor to either plead guilty or not guilty. If guilty, the form notifies the debtor that they need to return the form back to the court and that must include with it....the MC100 Means Enquiry Form.

 

If a 'guilty' plea is entered there is no need to attend court.

 

At the hearing, the magistrate will set the 'level' of fine and this will be reduced if a 'guilty' plea has been made. Next, the magistrate will determine the 'amount' of the fine. This will be done by reference to the TV Enquiry Agent's statement AND the information provided by the debtor onthe Means Enquiry Form (MC100).

 

If the debtor fails to return the summons and the completed Means Enquiry Form then the court can set the fine on it's own inititative. After the court decide the matter, the debtor will be sent a Notice of Fine/Collection Order detailing the amount of fine and date by when payment must be made. If payment is not forthcoming, the court must by law send the debtor a Further Steps Notice. If a debtor is unable to afford to pay the amount ordered then the court are always willing to accept monthly payments.

 

If there is no response to the Further Steps Notice a warrant is issued and passed to an enforcement agent. A further chance is given to pay the debt by monthly installments when the Notice of Enforcement is sent.

 

Regulations do provide for a debtor to apply to the court for a Means Hearing but this is only applicable in cases where the debtors financial circumstances had changed SINCE the day on which the fine had been set by the court.

[Bailiff Advice]

Means Enquiry Form (MC100):

 

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/mc100-eng.pdf