Magistrate distress warrant

[Jamiebeadnell25]

Hi everyone

 

before I start let me say apologies for having to do this again

was advised to change my last name as it was hinting at my identity

so had to be changed

 

please also if tomtubby is out there I'd be very grateful if she could also reply again on this new thread

 

please also excuse my n grammar its not the best especially on an ipad keyboard,

 

I recieved a magistrates distress warrant appx 5 weeks ago

 

I rang up before checking my rights etc & was bullied into paying .£50 a week or was told they would be round

 

I've paid weekly since then and got the fine down to jut under £700

 

I have exhausted all my money now

 

I'm a widowed parent and receive widowed parent allowance and some child credits

 

I'm not working at the moment and do consider my family as vulnerable

 

I have paid a further payment this week of £14

I just can't afford to keep it above that mark a week

 

since then I've done a little bit of homework and come up with a few questions to throw to you guys for help

 

firstly I'm going to give an example of the incorrect address

the warrant is addressed as the example consists of totally fictitious house numbers roads etc

but is exactly the same as the fault on mine if that makes sense

 

so here gos

 

the disstress warrant is addressed to my name,32,34 fictitious road,atown,ha56db,

I actually live in a newish block of 10 flats so my real fictitious address is flat 4 the rise,32,34 fictitious road ha56db,

 

I hope you get all that they have missed out the flat number

the name of the flats the only thing they have correct is just the address of the whole building,

so can they execute a warrant at this incorrect address they have ?

 

Also I have been through a few years post and realised that the magistrates has also had the wrong address for years

its only luck that the current postie knew my last name and actually posted it

 

problem is we have had over 10 different postie s since I've lived here

so how many of the reminders the final demands have I missed from the court

as I can't remember much correspondence from them at all so can i say look you have the incorrect Address? Is that can I go back to the court ?also finally am I right in saying that if they do manage to execute the warrant

 

they cannot take items of my son and items that don't belong to me if I have proof I.e invoices for a tv not bought by me ?

 

A recently purchased be it cheap car but bought by my girlfreind who resides at another address

and who's name and address is on the new keeper slip given to her by the former keeper

even though the car is parked in the flats car park and driven by me also ?

 

Please please try your best to fill in some dots for me and once again apologies for thevgrammar( many many thanks Jamie.

[BazzaS]

I tried to read the above to see if I could offer advice, but found it too hard going.

 

Could you edit it to put in line breaks & paragraphs? You might be more likely to get responses / help.

[filrobbo]

I read it ok

[Jamiebeadnell25]

I read it ok

Thanks for that I did explain my bad grammar the other chap must be perfect with his grammar and quite upset me as I did say I had a problem(. ,Jamie.

[Jamiebeadnell25]

[hi there I did explain that my grammar was bad would you like to tell anyone else whilst your at it how bad my grammar is? Thanks that has really done my confidence a lot of good,the next person down had no problem understanding it but now you have replied no one else is going to bother even reading it at all really grateful for that .

[Jamiebeadnell25]

Can everyone else please read my original post first it is easily readable even though my grammar is not great many thanks to the earlier reply for rubber stamping my grammar problem to the world,ignore that and read my post as I really need some advise and would be very grateful to any thoughts or advice submitted its greatly appreciated (.

[Fulhamboy]

Jamie, how much did your i pad cost ? You could sell it and put the money towards your court fine .

[dx100uk]

you need to get a list of fees off the bailiff...

 

you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"

.

 

 

and what was the original fine for and how much was it?

 

dx

[tomtubby]

Jamie...a lots of questions I am afraid but they are necessary in order to give the correct advice to you.

 

Did you receive the original summons from the court?

 

Did you respond to the summons to enter a plea ( guilty/not guilty etc?

 

Did you attend the court or hearing?

 

If you did respond to the summons, did you complete the Means Enquiry Form?

 

Was the payment arrangement that you made with the court or was it with the bailiff company?

 

With the next question please do not think that I am being judgmental but you say that you have managed to bring the debt down to £700 ( and well done) and it would therefore appear that the original fine had been for quite a large amount. There is nothing wrong with this BUT many times a fine is imposed at what is called the "higher end of the sentencing guidelines" as the summons had not been responded to.......the Means Enquiry Form not completetd...... and finally, the defendant failing to attend the hearing. If this applicable to you?

[Jamiebeadnell25]

Jamie, how much did your i pad cost ? You could sell it and put the money towards your court fine .

yes I have thought about that but its my sons ipad and he uses it for school.

[BazzaS]

Thanks for that I did explain my bad grammar the other chap must be perfect with his grammar and quite upset me as I did say I had a problem(. ,Jamie.

 

My comment made no mention of grammar : I didn't get as far in reading it to be able to comment on such, and wouldn't have done so anyway, as you'd said "please excuse the grammar".

Funnily enough : the only person going on in multiple posts about your bad grammar : is YOU.

 

My comment was made because the post appears on my iPhone as a single block of text, no line breaks, no paragraphs- making it very hard to read.

 

This is independant of any issues regarding grammar.

 

The lack of line breaks / paragraphs might put off some respondents. Sorry if this observation upsets you : but do you feel it is incorrect?. Do you want to maximise the chance of replies?

 

So:

a) I wasn't criticising your grammar

b) I was highlighting a possible problem that you could easily fix to maximise chances of responses

c) apologies if that has upset you.

 

Edited to add : I now note the original post now has line breaks / paragraphs added, so someone must have thought my comment relevant!

Edited April 17, 2013 by BazzaS

[BanditQueen]

Hi Jamie B I can read it fine and that is not the point: sounds very distressing for you. I only wish you had found this site before sending or agreeing any money with the bailiffs as you may not have had to pay them anything or could have found out more information first. You obviously have agreed more than you can afford and you need to get them or the court to agree lower payments that you insist you can agree. If you are able to find out the information from them and to give more information about the court hearing or is this the first you have heard about this matter, then we may be able to give you better and more specific advice. If you live in a block of flats or on top of Mount everest the court and the bailiff have a duty to make sure that the legal papers and their letters are in the correct name, correctly spell your name and address and they are not just addressed to the correct address, but are delivered to the right person.

 

I have a question for you?

 

Has the bailiff been inside your house to your knowledge, not the block of flats; your actual flat?

 

if not, then do not allow them in under any circumstances, not even to use the loo. Tell them you will not deal with them further on the phone or in person at the door, you refuse them entry to your flat and close the door, even if they attempt to thrust their foot into the door. They cannot force you to let them in and they cannot push the door open or put their foot into it and claim entrance. They can only come in if you allow them to as long as you have not allowed them in before.

 

You may want to train your kids to not open the door to them at all. If you are worried they may come round keep all doors and windows shut and lock them when you are out. They cannot take stuff if you do not allow them in. In any event you are unemployed with kids and you are vulnerable. The bailiff should be made aware of this as should the courts.

 

If you deal with them again, do so only in writing and keep a record of their visits. Get a list of the charges and the fines from them and the court and make out a income and expenditure form. Send it with the offer you know you can afford to the court and a copy to the bailiff. Ask the court to recall the bailiff and to deal with them direct as you knew nothing of this matter. If you can afford nothing then you can afford nothing but if it is a fine you will need to pay something over time. Pay it direct to the court and get receipts. Ask the bailiff to return the case to the court and try to deal with them in writing direct. If there is something that you can sell privately that may help with the fine, give it serious thought. You can always by another Ipad. I know it is your sons, but he will have to learn to do without it. That is called sacrifice. If there is something else, fine, but the ipad is not an essential.

 

 

There are some things that they cannot take, such as clothing, the cooker, and washing machine. They have to leave you something to sit on and to sleep on. I do not know about your kids things, but they may not consider some items essentials. You may do better selling some things yourself to ease the burden a little. I do not know the full list but I am sure the site guys can help there.

 

Try to find out if there are any papers that the court sent and if they have copies. I do not know if you can have anything changed or set aside, but that is for the legal department. But if you can get more information, that also may help.

 

Hope you come to some agreement or resolution. Good luck.

[brassnecked]

Actually if the I-Pad IS the child's, and is used at school it would in all probability be exempt from seizure, as would any other items belonging to children, such as a Playstation, or laptop.

 

you are most likely in the vulnerable category and here is the part from the National Standards that applies:

 

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 

 Those who might be potentially vulnerable include:

 the elderly;

 people with a disability;

 the seriously ill;

 the recently bereaved;

 single parent families;

 pregnant women;

 unemployed people; and,

 those who have obvious difficulty in understanding, speaking or

reading English.

[tomtubby]

If you could respond to the questions that I raised in post number 9 that would greatly help.