Phillips Bailiff`s Hmcs fine

[one england captain]

hey i got fined by hmc courts last year in my absence over a minor motoring offence ..had an accident in my works lorry and appealed against it and heard nothing until april 28th this year when i had a notice of attendance posted through my door from phillips demanding payment of £1490.00 it wasnt that amount when i got fined!! i rang the bailiff to find out what i do and he was really rude and nasty to me and demanded i pay him £150 per month . i explained i was on low income and couldnt afford that amount but he just said pay it or i will enter your house and take goods ..anyway i paid the first amount and the following week had a serious accident at work and have been off since then and my company have only paid me basic ssp and i had to apply for income suport and had to wait ..in the meantime i didnt pay phillips because ..well i didnt ha ve any money to

and today the text my phone telling me to contact them ..so i did and i explained i was not at work off sick and on income support til my injury gets better and cant afford to pay £150 but can pay £10 per week ... the lady on the other end of the phone said theres nothing i can do pay the £150 or we will continue doorstep action and was very abrubt indeed

 

I cant afford this at the moment im depressed being off work as it is and this is stressing me out big time and i just dont know what i can do they are such a nasty company

[fork-it]

hey i got fined by hmc courts last year in my absence over a minor motoring offence ..had an accident in my works lorry and appealed against it and heard nothing until april 28th this year when i had a notice of attendance posted through my door from phillips demanding payment of £1490.00 it wasnt that amount when i got fined!!

 

 

Contact the magistrates court and make a statutory declaration. DO NOT pay the bailiff anything, they are only trying it on to screw you over with their fees. Make a complaint addressed to the court manager the bailiff has falsely represented you owe more than you than the court says. Its an offence under Section 2 of the Fraud Act 2006. Officially bailiffs cannot charge you "fees" for collecting an unpaid fine. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says bailiffs are not allowed to charge you more than the amount you are fined.

 

 

i rang the bailiff to find out what i do and he was really rude and nasty to me and demanded i pay him £150 per month . i explained i was on low income and couldnt afford that amount but he just said pay it or i will enter your house and take goods ..anyway i paid the first amount and the following week had a serious accident at work and have been off since then and my company have only paid me basic ssp and i had to apply for income suport and had to wait ..in the meantime i didnt pay phillips because ..well i didnt ha ve any money to

 

You did the right thing. Speak to the court manager. Be very polite.

 

and today the text my phone telling me to contact them .

 

Stop! DO NOT phone a bailiff.

 

.so i did and i explained i was not at work off sick and on income support til my injury gets better and cant afford to pay £150 but can pay £10 per week ... the lady on the other end of the phone said theres nothing i can do pay the £150 or we will continue doorstep action and was very abrubt indeed

 

I cant afford this at the moment im depressed being off work as it is and this is stressing me out big time and i just dont know what i can do they are such a nasty company

 

You may be classed a vulnerable person for the purposes of civil enforcement. A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

[brassnecked]

When you contact the court manager explain that you are potentially vulnerable by virtue of being on sickness benefita and off work at present, and that the bailiff seemed unconcerned about you being in a situation that might mean they should not be trying to enforce, but Fork-it has given you some good pointers as to how you should tackle Phillips

[tomtubby]

You have stated that you had an accident in a works van and that you appealed and heard nothing further. Can you provide more details on this as normally, you should be able to file a Statutory Declaration on the basis that you had not received a summons and that the case had been tried in your absence.

 

If you had failed to enter a plea, complete a Meams Enquiry Form and attend court, then the court will issue a fine at the higher end of the sentencing guidelines and from the amout of the fine that appears to be the case with you.

 

Before suggesting a Statutory Declaration can you provide more info on the appeal etc.

[one england captain]

thanks for the advice much appreciated

 

I went to citizens advice this morning as well and have now got phillips to refer the fine back to court

now i can sort it easier

[one england captain]

oh again today had a phillips bailiff knock on my door while i was out posting a notice of attendance to my door for an amount of £612 .... wouldnt mind the fine is only £350 phoned the citizens advice about it as they dealt with this matter previously and obviously the horrible lot phillips have not listened and come for me again ...any advice would be much appreciated

[tomtubby]

Is this for the same offence?

 

If so, you need to contact the court straight away to ask why this has happened.

 

As many people on here are aware, we have a commercial business advising debtors with regards to a bailiff visit and in this, many times we have the distress warrant returned back to the court. HOWEVER, we ALWAYS make sure to advise the debtor that they cannot simply sit back and think that this is the end of the matter and we ALWAYS insist that the debtor contact the court to make a payment arrangement.

 

You have said that the CAB agreed with Philips to have the file returned to the court. This was two months ago. Have you spoken with the court in that time?