Notice of distress warrant Phillips Bailiff

[headinsand720]

I received a notice of distress warrant off Phillips Baliffs yesterday the letter is dated 2nd of July and it says that I must pay £1200 in 48 hours which would have been the 4th of July. I do not have that type of money as I am unemployed and on JSA.

 

The ammount of £1200 relates to 2 court fines 1 of which I was aware of. I have a lot of other debts, I recently settled a council tax debt with Bristow and Sutor by paying in installments so I am willing to pay what I can afford. I rang citizens advice as soon as I got the letter they have made a telephone appointment for me at 12pm Monday with a community legal representative but I am worried sick as the Baliffs may show up over the weekend.

 

I am the Guardian to a 10 year old boy and he is having problems with his eye so I am taking him doctors now am worried they may show up when I am out. I have been worried sick looking on the internet for information. I can borrow £100 off a friend but thats all I can pay I don't know what to do I would appreciate any help.

[RaeUK]

Obviously, borrowing money to pay a debt is not the answer. If you are on income based JSA then you can have the debt deducted from your benefit each fortnight. In the first instance, I would contact the court that issued the fines and seek their advice on how to do this ...

[Jamberson]

If you can't pay, you can't pay. They can't get blood out of a stone, and it is not an offence to be unable to pay.

 

I don't think you should consider benefits deductions - it's barely enough to live one as it is and attempting to pay off an amount like that from benefits is just not feasible.

 

All I think you can do for the moment is consider whether you have property which is of value, which they could possibly take - that would be a worst case scenario.

 

Others on here will be able to advise you on getting recognised as a vulnerable person.

[headinsand720]

I have not borrowed money to pay it off as I can not borrow the full amount and even if I could I would not have money to pay it back.

 

When I spoke to citizens advice bureau and debtline they both suggested that deductions from my benefit is the best option as I don't have any assets or property that could be taken or sold to pay off the full amount of debt and from what I have seen online I don't think I would be classed as a vunerable person.

 

I would even be willing to go to prison if it comes to it as I can't cope with the stress and worry its making me sick and I think my 10 year old brother who i'm guardian to is starting to notice something is wrong I can't wait till tommorow to speak to the community legal team at 12.

[Jamberson]

You can't go to prison for being unable to pay.

 

It is not uncommon for bailiffs to return warrants uncollected if the debtor has no money or assets. It's called a nulla bona, and may be the end result in your case.

 

Other options include declaring yourself bankrupt - there are long-term implications, but it would at least see the debt wiped.

 

I urge to to try not to get your benefit cut unless you have no option. It's not enough to live on - you must try and defend it if you can, and look again at vulnerable person status.

[headinsand720]

Ok I would have been willing to do that if it was an option.

 

I have read online a lot that its rare for them to return a warrant to the court and as they legally have the right to legally break in I don't think they will return it to the court.

 

I thought having deductions from my benefit was a good idea as I think I can survive until I get a job.

 

Should I ring them tommorow to see if I can set up an affordable payment plan?

[ploddertom]

You could well be classed as vulnerable if you are claiming JSA and have sole responsibility for a minor - have a read http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf . I note Jamberson has mentioned bankruptcy, whilst this does cover a lot of debts it does not cover Court Fines.

 

You say you have knowledge of 1 of these fines but not the other. You therefore need to find out what the other was for. Before matters got to this stage did you receive a Further Steps Notice from the Court asking you to bring your account(s) back in order?

[ploddertom]

The reason they are reluctant to return the Warrant is probably because they then have to forego their fees. Ringing them will result in the usual pay in full conversation.

[headinsand720]

They are both for not having a tv license I stupidly have let my mail build up without opening it. I only opened all my mail today to gather information about all my debts for when I speak to the community legal team.

 

I did receive a final letter warning (only opened it today).

 

I could just have my dependant stay elsewhere so he don't see and let the baililifs take my stuff just to get it over with.

 

Friends have suggested I should go bankrupt but I know that would not alter this situation same as a debt relief order wouldn't help.

[headinsand720]

The reason they are reluctant to return the Warrant is probably because they then have to forego their fees. Ringing them will result in the usual pay in full conversation.

 

Thats what I thought was told by the CAB not to ring them but was thinking about it anyway.

[Queens_king]

Jamberson

 

Unfortunately, if the warrant was issued before any Bankuptcy the OP will still be liable. Only Bankruptcy declared before any warrant is issued would be included.

 

BUT

 

As this is a court fine I am uncertain if Bankruptcy would cover a court fine.

[ploddertom]

Although Court Fines do carry the threat of forced entry this very rarely happens and is aimed at the more persistent offenders who treat this as a hobby. In your case you are not the obvious Mr Big so would see this more as a threat to you rather than fact. By all means go to CAB but please note their advice can be variable at times.

 

If it were me I would refuse him entry, I would contact the Court explaining my circumstances and asking if it is possible to have a Means Test Hearing. Lasly if you have no knowledge of the other fine - possibly changed address - I believe you can swear a Statutory Declaration at the Court for this - if you did not appear initially then the Court would not have been aware of your means and fined you the maximum amount in your absence.

[ploddertom]

Jamberson

 

Unfortunately, if the warrant was issued before any Bankuptcy the OP will still be liable. Only Bankruptcy declared before any warrant is issued would be included.

 

BUT

 

As this is a court fine I am uncertain if Bankruptcy would cover a court fine.

 

See Post 7

[unclebulgaria67]

Jamberson

 

Unfortunately, if the warrant was issued before any Bankuptcy the OP will still be liable. Only Bankruptcy declared before any warrant is issued would be included.

 

BUT

 

As this is a court fine I am uncertain if Bankruptcy would cover a court fine.

 

No court fines are not covered in regard to any bankruptcy. If you don't pay a court fine and don't allow other ways of collecting this, then you are back in court with a spell in prison being one sanction that could be impossed. But this is usually in the last event.

[headinsand720]

Although Court Fines do carry the threat of forced entry this very rarely happens and is aimed at the more persistent offenders who treat this as a hobby. In your case you are not the obvious Mr Big so would see this more as a threat to you rather than fact. By all means go to CAB but please note their advice can be variable at times.

 

If it were me I would refuse him entry, I would contact the Court explaining my circumstances and asking if it is possible to have a Means Test Hearing. Lasly if you have no knowledge of the other fine - possibly changed address - I believe you can swear a Statutory Declaration at the Court for this - if you did not appear initially then the Court would not have been aware of your means and fined you the maximum amount in your absence.

 

Thankyou that has put me at ease a little. I am taking the day off my CICT course tommorow to get this sorted even though I have an exam but this is of more importance. I am due to speak with the community legal team tommorow at noon the CAB set that up for me. I may also get in touch with national debtline again for further advice.

 

I will also contact the court tommorow after being advised by the community legal team.

[ploddertom]

Remember we are here to try & help you but NOT judge you. Most of us have been in similar situations or worse and although I believe few of us have formal legal training the school of hard knocks is sometimes best.

[headinsand720]

I know and I really appreciate everyones advice I am sorry if any of my replies have seemed aggresive or disrespective or snappy I do not mean to be if I am I am just very stressed out have not eaten or slept properly since Friday.

 

Once again thankyou all.

[RaeUK]

... I don't think you should consider benefits deductions - it's barely enough to live one as it is and attempting to pay off an amount like that from benefits is just not feasible ...

 

The whole point of having these sort of things deducted from benefit is that it is an affordable way to pay and is accepted by, in this case, the court system. The sum that will be deducted is fixed. The current rate is in the region of £3.50pw.

The court is fully aware of deductions from benefits and will consider it as an option regardless as opposed to magically making the fine disappear ...

[Jamberson]

You don't say...

 

The point is, he should not volunteer that course unless it's a last resort. If he doesn't bring it on himself, and has no assets, then what will they do?

[RaeUK]

The point is, they will request it anyway...

[headinsand720]

On Monday I went to the CAB they helped me do a common financial statement summary, which they sent off to Phillips Bailiffs which details my incomings and outgoings. I am left with £5.08 a week to pay them which is what the CAB offered I would pay a week. Well I received a text to call Phillips urgently today so I did, they asked me if I was ringing to make a payment and I politely said no I am ringing up about a text I received and that I was not ringing up to make a payment as the CAB have written you an offer of what I can afford to pay they responded with yeah were not going to accept that so I politely said thats fine, said bye and hung up.

[RaeUK]

You can apply to the court for a means test. The lower rate of deduction is £3.55pw. Granted, not much lower than your offer but you don't have the hassle of the bailiffs ...

[headinsand720]

That would be a lot better then having bailiffs after me. I just received a letter which says Notice of Additional Fees as they have been in possession of the warrant for more then 14 days. They will be sending an enforcement officer to my house in the coming days which will mean I am charged a fee of £215, if a payment is not made in full or a payent plan is agreed a further stage of enforcement will commence. This could lead to removal of goods to satisfy the outstanding balance of the warrant and fees. I don't know what to do am going to ring citizens advice.

[renegadeimp]

If they havent been before and havent performed a levy, then they cant come to your house and take items. If you have a vehicle, park it a good few streets away so they cant try and levy on that.

[headinsand720]

If they havent been before and havent performed a levy, then they cant come to your house and take items. If you have a vehicle, park it a good few streets away so they cant try and levy on that.

 

Thanks that is good to know and I don't have a car so thats ok.