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Just had bailiff turn, threaten locksmiths and actually called a locksmith for a speeding fine from June last year.

 

He handed me a notice of intention to enter and search premises - removal notice.

 

under Tribunals Act 2007 s12 p2 18b enter premises using reasonable force even in absence.

 

He said he could force entry and a locksmith would be called to gain access.

 

I asked him for his warrant of entry under s15 but he refused.

 

My partner did not know that her speeding fine would be taken to court, she is unemployed and has just had to pay £650 out of her savings for this.

 

Any help would be appreciated?

 

This is for my partner whos speeding fine it is.


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Before getting to this very last stage, your partner should have received quite a few letters. One would be the summons. If she failed to respond (by pleading guilty or not guilty) and failing also to send the court a completed Means Enquiry Form (MC100), then the court would have found her guilty in her absense.

 

The court would have then made a Collection Order against her and she should have received a Notice of Fine/Collection Order. If she failed to respond to this notice, the court would have sent her a final notice called a Further Steps Notice. Did your partner receive any of these notices?

 

Before the bailiff attended, she should have also received one letter from Collectica. This would be a Notice of Enforcement. A Compliance fee of £75 would have been added at this stage. On receipt of this letter (the Notice of Enforcement) she could have set up a payment arrangement (and in so doing, would have avoided a home visit and the debt increasing to include the enforcement fee of £235). Did she receive this letter?

 

Last question, I am unsure about your reference to a 'Section 15 warrant' ???? This debt is a Magistrate Court fine and accordingly, there is NO provision for a 'Section 15 warrant'. The enforcement agent is permitted to use force to enter a property and he does NOT require a separate warrant.

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thank you

 

1st thing i heard of it was when bailiff turned up today and threatened to break into my house, then refused to show me the reason why he could?


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Have you asked your partner whether he or she had received any of the notices that I refer to in my above post?

 

As you were not the debtor, the enforcement agent is not under any obligation to show documentation to you. Despite this, there is no requirement for such a warrant as you have described (Section 15).

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I will be asking partner when she comes home she has gone out for the rest of the day.

 

So he can just break into my house without showing me any documentation?


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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I will be asking partner when she comes home she has gone out for the rest of the day.

 

So he can just break into my house without showing me any documentation?

 

No, it is not quite as simple as that. The enforcement agent would first need to satisfy himself that your partner was in the house and refusing to 'engage' with him. Fortunately, your partner was not at home.

 

Please do post back once you have spoken with your partner.

 

PS: As this matter relates to a speeding fine, she should have also received notification from DVLA.

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hoping that ofcourse her car and her licence ARE registered at your address?


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My partner was in bed when he arrived,

he asked for her and I said she was out,

he didnt notify me he was from a baliff,

 

 

I asked if he was from a DCA,

he then said to me he was calling to locksmith to gain entry.

 

 

Didnt explain to me that that he was a HCEO or show me any ID.

 

Car registered to me.

 

I eventually got her and he demanded payment and kept threatening locksmith and said he would not go until it was all paid in full.

 

Eventually she had to transfer from her savings account to pay.

 

I havent found a notice from the DVLA yet


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operating as court bailiff not HCEO surely?

 

 

has she changed her driving licence to your address?

that might be why nothing received to date of bailiffs calling

it all went to her old address?


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driving license was renewed recently as photo was out of date.

 

we have been 8 years so should be this address.


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driving license was renewed recently as photo was out of date.

 

we have been 8 years so should be this address.

 

If she had not responded to the summons, it may well be that 6 penalty points have been recorded against her driving licence. She needs to visit the DVLA website and view her drivng licence. Full details of the fine should will then be revealed.

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Contact nearest Magistrates to find out why no letters about this received.

 

 

Your partner can attend the court to make a statutory declaration that no summons was received and she would have a chance to deal with it afresh.

 

 

But of course such a declaration would have to be true and accepted by Magistrates.


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no letter concerning the court date found.

 

 

Is there a particular stat dec form we need to fill out and can we reverse back the payment made to the bailiff?


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