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On the 12/08/15 a man knocked my door and handed me a blank envelope, then he walked away.

 

 

I opened it to find a notice saying in big red letters (Removal Visit).

 

 

This letter doesn't look very official, it looks like something I could type up in 5 minutes, but it does say in the top right corner HMCTS Warrant.

 

 

Apparently my fine had not been paid since April last year ,which was news to me as it was being taken from my Job Seekers Allowance as far as I knew.

 

 

Neither the courts or DWP notified me that the fine wasn't being paid!

 

 

The initial fine was for £1000 because of Tachograph offences which I was guilty of.

I have checked with the Courts to find out how much was left outstanding and the sum outstanding is £450.

 

 

Collectica want to remove goods to the amount of £760 (ouch) that was a very expensive postman.

 

 

My partner and I have been doing a lot of research since this happened and we need to get a Statutory Declaration to the courts to stop the Bailiff coming to our home.

 

 

Could someone help me to get in touch with a Solicitor that could do this on legal aid,

 

 

I have phoned several Solicitors but none that would help in my area,

I live in Reading, Berkshire.

 

 

I don't know what to do we haven't slept or eaten for days now, and the stress is unbelievable.

 

 

I have also checked the register for this Bailiff,

I won't name him but he doesn't come up on the collectica or HMCTS register of bailiffs???

 

PLEASE HELP.

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Was the arrangement to repay the fine made with the court at a hearing or was it made following a next steps notice, or with the bailiffs themselves.


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Unfortunately it is your responsibility to ensure the fine gets paid.

 

I would also add that whilst not what you want to hear, technically the enforcement agent has legally charged the fee by attending your property. You should have received a Notice of Enforcement however, so you should have known the enforcement agent was coming.

 

It will depend on your circumstances as to what you can do next and I'm sure somebody will be along shortly to give you some guidance.

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Was the arrangement to repay the fine made with the court at a hearing or was it made following a next steps notice, or with the bailiffs themselves.

 

The arrangement was made with the magistrates court, this is my first dealings with the enforcement agent. HMCTS refuse to deal with me now!

I have also been informed since I had payed half the fine a Statutory Declaration will do no good now.

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This thread should now be moved to the Bailiff section since an EA is involved where the advice will be much better.. I have asked admin to move this thread to a better one where you will get more help....


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It is in the bailiff section, MM ?


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Sorry must have read the forum title wrong so sorry for my error, I blame this hot day...


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No problem :)


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The arrangement was made with the magistrates court, this is my first dealings with the enforcement agent. HMCTS refuse to deal with me now!

I have also been informed since I had payed half the fine a Statutory Declaration will do no good now.

 

A statutory declaration is the correct route if you not known of the proceedings and had not received a summons. The importance of the summons is that it is at the summons stage that a 'plea' can be entered (guilty or not guilty) and a Means Enquiry Form completed.

 

In your case, you had clearly known of the proceedings as you had been paying the fine from your benefits for quite some time. It is very rare indeed for DWP to simply stop making deductions from benefits for a court fine and the normal procedure is that payments only cease when either the fine has been paid in full OR if the benefit ceases. You have not mentioned whether or not you are still in receipt of the relevant benefit or whether or not you have spoken with DWP. You really must speak with the benefits agency asap.

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