Discussion in 'Finance, Property, Law' started by swansea84, Jun 15, 2010.

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  1. Right guys back in may 2009 I got pulled on my Street for no insurance in my mates car. As I had just replaced the brakes and was testing. Yeah tuff shit my own fault. Not sulking about that any way. MY BAD.

    Any way heard nothing at all about it for 4 months and then moved address. So as I didn't long pass my test my 2 years where nearly up and I thought it was about time to trade in my Provisional for my Full licence. Was to lazy to do it straight away as picture needed updating as I gone bald since then. And I Then lost card so left it to late

    So last month took my Licence up to the DVLA to swap it and she says "NO you have to retake your test" WTF any way no arguing MY BAD so Pay fee for replacement Provisional. Get it in the post last week with a nice 8 Points and a £580 Fine CHEERS.

    Now today I get a letter from the Bailiffs. First letter I have received regarding my Fine/ban saying I have 7 days to pay or they will send the boys around. Bring em on I say. But its my parents house so they weren't impressed. Decided to give them a call, saying that I cant afford to pay £645.00 (£65 Enforcement costs) and I will pay £100 a month seems fair I think. The Fat hairy bitch says "no you have 3 months to pay it if you don't pay it the Bailiffs will come and take your property.

    Q1. I have offered to make payments and they refused the offer. Can I tell them to fk off now??

    Q2. should I have received some kind of letter of the courts and that first about my Fine and stuff.

    Q3. Can they still send the Bailiffs around even if I have offered them a decent payment plan.

    Cheers Guys
  2. The generic answer to situations like this has always been CAB. Give them a shout, you've nothing (more) to lose.

    Edited to add; remind me never to let you pick my lottery numbers.
  3. Have you had a County Court Judgement (CCJ) only the County Court can send in the Bailiffs.... you will need to respond to the court ......
  4. Bailiffs cannot enter your property unless with a CCJ. Ignore threats of "need to inventory your property" blah blah.

    Go to the CAB, they will help.
  5. As has been said go to CAB ASAP.

    Also have a browse here

    If you think that bailiffs may call at your house, be aware that you do not have to let them in. However, if you leave any doors or windows open they have the right to enter through them. Once they have gained entry they may also force entry to any other parts of the premises. However, if you do refuse to let them in then they will be sure to return at some other time and the problem will not go away.
    If you know a bailiff is going to call, try to have a witness there and make sure you note down everything the bailiff says or any of the powers they claim to have.
  6. Negligent-Discharge

    Negligent-Discharge LE Book Reviewer

    We had the baillifs rock up at our place for some water bill. Firstly, we didn't let them in. If you do they have a right to do a "walking posession" and make a list of your items and say "That's mine now."

    Anyway, I quoted section 40 of the 1970 The Administration of Justice Act. They never bothered us again. I also used it when a baillif left a demand for payment in a communal entrance. You know the typw of letter "We're gonna whup your butt and you also have to pay our admin and visiting charges and you'll rot forever etc." As it was an open letter and on plain sight I mailed them and quoted, with highlighting the "it is an offence etc. The bill was for a previous tenant - same water company - and I never heard from them again. How many people have paid up without realising it's a legacy bill from a previous tenant... I hate to think.

    Go to; and write to the baillifs and copy the letter to the Citizen's Advice Bureau, your MP and any other Tom, Dick and Harry you can write to.

    Let me know how you get on mate.
  7. Cheers guys Will call CAB on my lunch.

    The letter I received was from EXCEL civil enforcement LTD saying.

    We are instructed by the Area Director of her Majesty's courts service to enforce a distress warrant which has been issued in respect of the above unpaid fine

    The warrant authorises and empowers our officers to enter your premises to seize, remove and sell your goods at public auctions

    if you wish to avoid this you must pay the full sum due in full within 7 DAYS. if it is necessary for an officer to attend , the sum of £170.00 will be added to the sum due. if goods are removed, the sum will increase further

    The only Property at this address that belongs to me is my American Akita. Good luck if they want to take him.
  8. Cant they just walk in if you open the door to them thou??
  9. Negligent-Discharge

    Negligent-Discharge LE Book Reviewer

    Apparently not, but defo check with CAB.
  10. Can a bailiff force his/her way into my house?

    Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.

    All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?'' *

    You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

    Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.

    * If a bailiff does gain peaceful entry to my house what will they do?

    Once gaining entry to your home, a bailiff will usually try to find and seize any goods of value belonging to the person who owes the debt or who is named on the warrant.

    Once in the house the bailiff has the right to go into all rooms and can break open any locked door or cupboard inside your house. If the bailiff gains peaceful entry s/he has the right to call again and enter even without your permission, i.e. s/he can break in and remove your goods.

    Any attempt to remove a bailiff from your property once they have gained peaceful entry is assault and you could be taken to court for it.

    Once in the house, a bailiff will attempt to seize your goods in order to sell them off at public auction to raise money to pay the debt that you owe. The bailiff will make clear an intention to seize various items, either verbally, or by attaching a mark to them, or by touching them. This is sometimes called levying distress or distraining upon goods.

    Once the bailiff has seized goods, they have a number of options. They can either remove items they have seized immediately from the property to be stored and eventually sold at public auction. Alternatively, they can leave someone on the premises to guard the items that have been seized or, in the case of bailiffs collecting rent, secure items that have been seized in your home. These last two options are very rarely used.

    The most likely outcome is that the bailiff will ask you to sign a 'walking possession agreement'.
  11. If you contact the CAB, you will need to book an appointment with them as they will probally not see you without booking one.

    Contact the company again. The person you spoke to may have not been in a position to accept that offer as it would take you about 6 months to pay it back (They usaully look to do any payment plan over 3 months max, the quicker they get it, the better). If you stick to your guns, speak to someone higher within the company and are adament that you can only pay it over 6 months, they will more then likely accept your proposal. Its better for them in the long run to get the money this way then it is to mess about taking further action by sending in baliffs etc as that actually costs them more to recover the money owed.

    Take the letter you recieved, demanding full payment within 7 days. Just by contacting them you got that stretched to 3 months straight away. Like I've already said, if you stick to your guns they will more then likely accept your intial proposal, so contact them again.

    In the meantime, IF the baliffs do come round, DO NOT let them in as already mentioned.
  12. How are they granted this right?
    Could they not be taken to civil court for trespass.
    Assault can also mean assault on property?
    Removing them by force could be done if they were causing intimidation, say fear of harm?
  13. Cheers Starkie. I will call them again speak to manager this time see how far that gets me .Will also try what N D said about section 40........ if this dont get me any way ill do what everyone else has said and call CAB.
  14. :roll:
  15. I work for a mortgage company in collections. Baliffs, repossesion threats are just that, threats to scare you into paying in full, right there and then. The last thing any creditor wants to do is take further action. They would rather accept your proposal in the long run then send the baliffs round because it just costs them more money to recover the money owed.