ray01
happy new year to all ...
right info please ,parking ticket fine well over dew . i had the bailliffs round left a letter saying they are coming back to enter by force and use a lock smith :( can they do that . i have not signed anything or the for 8 thingy
Curlyblonde
•the bailiffs are collecting unpaid fines. They can force their way into your property whether or not they've been in to seize goods [link] before. However they must only do so if this would be reasonable. In practice, they only break in as a last resort
•the bailiffs have already gained peaceful entry before. They can force their way back into your home to take away goods that they've already seized if your trying to stop them from entering
•they are county court bailiffs, entering commercial property. But they can only do this if there’s no living accommodation attached. They need special permission of the court to break into commercial property even if there is no living accommodation attached
•the bailiffs are collecting income tax or VAT and they have permission from the court. This may be allowed if they have previously failed to gain peaceable entry.
Hi Ray,
Please see info above, sadly yes they are allowed to gain entry, this info was taken from the citizens advice website.
The best thing to do is raise the money if possible to pay, or arrange a payment plan with them ( they are not allowed to refuse payment)
If they seize goods they will seize to a second hand market value, which could mean dependent on amount of debt they could easily take a lot. Which could be costly to replace. Always cheaper to pay!!
The secret is to be charming with them, it's far harder to seize goods from a person cooperating with you.
Trust me I used to do this work. they will only seize as a last resort!
Eiron
Was it a real parking fine or a pretend one from the likes of Met Parking Services or Parking Eye, which you should not pay?
ray01
on street , permit holders only .
they have not been into my house at anytime or shown me any warrant , the firm is collectica
Curlyblonde
Has it gone to Court at any time?
Are you sure the letter is from a court bailiff or a collecting agent?
Monies owed to the government holds a different stature in the law than monies owed to private companies.
If they do hold a warrant(issued by court) you can apply for a suspension to warrant by applying directly to court immediately and proposing a repayment plan.
Act straight away though Ray , do not wait until they come.
Curlyblonde
oh and forgot to mention, You do not have to have money to be represented in court there are solicitors who will take up these cases for people on low incomes.
In the north 1 is Howells, they will represent you free of charge by applying for legal aid for you.
ray01
not sur all i have is a couple of letters from collectica
Curlyblonde
ok just checked who Collectica are:
They are a government based collecting agency linked to magistrates and county courts. So it has gone through the court process and a judge has ruled that seizing goods to the cost of the debt is to be enforced.
So, my advice to you now is.... suspension to warrant/order Go to Howells or to citizens advice now, and ask them to contact Collectica on your behalf. You must offer a repayment plan immediately.
Ray this is the only way forward now, the warrant/order has already been given, do not ignore it, they will come,
you must act straight away.
PM me if you need further help
JP
A bloody bailiff for a parking ticket you should have robbed a bank you would have only got community service
ray01
i have messaged them about payment plan but nothing back yet
kwakgirl
THEY HAVE TO SERVE THE WARRANT TO SEIZE ON YOU EITHER IN PERSON OR BY RECORDED DELIVERY.
rossoandy21
worst thing about this is the fine may have only cost you £30 if you had paid it pronto, which I know isnt always easy but it then prob doubled to £60, then they issi=ued proceedings which will incur court costs, perhaps another £60, then they apply again for a bailiff ot call, another £60 and so it goes on, ....its so unfair for folk on benefits or low incomes, £30 is hard enuff to find in this situation and it can eaily snowball to hundreds of pounds, then thay call and take your possesions to auction and the auction house gets a furhter fee as do the bailiffs with a van, end result is you have no home furniture or tv or microwave or.....prob even take your leathers to sell.
Hey perhaps BM members can have a whip round and send you a few quid to help if its really that desperate?
JP
They can not take bike gear as it is safety clothing a would leave them liable to costs if you were injured.
kwakgirl
Rosso...its a prime example of why you should never ignore fines or debt. I worked for an insolvency solicitor a few years back...we had a bloke in our sights who had refused to pay the 1200 quid his nephew had defaulted on and he had signed as guarantor for. so the original debt was 1200 quid. he then decided that he was clever and wasnt going to pay it and was pursued for 5 years while he tried to hide assets, ignored court orders etc.....we finally made him bankrupt by which time he owed in total 115k and was forced to sell 3 houses from his property portfolio. this is an extreme case but he thought because he had money he could beat the system....you cant it always catches up in the end.
BTW you can go to prison for none payment of debt to the government e.g. council tax
JP
Andy I think she knows that now and I Think we may have upset her even more by telling her how much this could cost .
Curlyblonde
Hey hey guys, let's not scare Ray half to death here.
The bailiffs are people not scary monsters. Ray knows now what to do and thankfully she is facing the problem head on with help and advice.
You carry on Ray with contacting them and you will get this resolved in no time.
And remember keep calm, don't loose your cool and remain charming at all times, they will cooperate with you they are tightly regulated people.
ray01
thanks guys . not scared and car , bike , trike not in my name :) payment plan sorted now .. asked to see warrant but they will only post me a photo copy , argued the fact that with out the original copy they carn't be bullies . also asked for a brake down of the charges
JP
That's good hun glad you got it sorted hope to see you at a meet soon
kwakgirl
baliffs may not be quite scarey monsters but as to whether they are human......... lol theyre like lawyers ....making money off someone elses misery.
ray01
once this weather sorts its self out we shall be at some meets :) , booked for Scotland end of April going on bike so hoping to see a few of you up there