Bailiff Came to address

[leejen1980]

27/01/2014 @13:10hrs.

 

A Bailiff arrived at my property at above date and time, for the first time,

 

he tried the door

the door was locked

he knocked the door

 

my wife xxx xxx answered the door,

the bailiff asked to speak to myself,

xxx explained i was in work for the Bailiff to call back,

 

He said im here to remove the goods for the sum of £900,

xxx said ul need to come back when i was home from work and went to shut the door,

 

he put is foot in the door and walked in with no invite.

My wife rang 18 times before she could get hold of me,

and was very upset saying hes going to take our stuff if we dont give him £900,

 

at this time, xxx daugher yyy who is 18 had to take our 3 year old daughter upstairs

cause she could see her mum getting upset crying.

 

The Bailiff refused to leave after being asked,

 

I arrived at the property after coming out from work.

 

i said to xxx how did bailiff get in and she said he pushed is way in with no defence at all from the bailiff.

 

He said to me he wanted £900 now or he was going to remove good and put them in the back of van.

 

xxxx and i was trying to contact all friends and family to raise the sum but couldnt do so,

xxx managed to get hold of her mum and she said she could lend us £500 on the 7/2/2014

he said it wasnt good enough. and was writing on a pad which i now know, was a Notice of Seizure of Goods and Inventory.

 

I then contacted Step Change a debt charity who we been dealing with over last 2 months and

they said, it was illegal what the bailiff did and report him and the company for his and their action.

 

Does anyone know if this is correct and what i can do about it please.

Edited January 28, 2014 by ploddertom
Removed personal names

[ploddertom]

Moved to Bailiff Forum. Have edited thread to remove names.

 

Can you tell us what the debt was for please.

[leejen1980]

Yea its a court fine, for failed to send off log book (v5) went to court and fined £695 and with bailiff attendance yesterday a extra fee of £215 on top Bailiff charges

[unclebulgaria67]

A bailiff can only force entry for a criminal fine.

If this is not the case, the bailff can be reported to the Police for common assault,

which may not lead to a prosecution,

but your wife should report this to the Police, so they can investigate.

 

For anything other than a court fine,

the bailiff should have left the house when asked to do so

and by not doing so, may have committed other offences.

 

Again up to the Police to establish what crimes have been committed.

[unclebulgaria67]

Yea its a court fine, for failed to send off log book (v5) went to court and fined £695 and with bailiff attendance yesterday a extra fee of £215 on top Bailiff charges

 

My reply was made before your latest info. Not much you can do, as the bailiff can gain entry, as long as he did not assault your wife or threaten her.

[leejen1980]

Gain entry on first visit ?

[unclebulgaria67]

Gain entry on first visit ?

 

I think when they have to attend, it is to attend to remove and they have to show the court distress warrant.

 

If they charged for an £85 letter, you should have had a letter warning of a bailiff visit.

[leejen1980]

no didnt have a warning letter

 

had a letter beginning of dec saying they want 38 pound a month

 

i replied with an lower offer as im going through a debt charity on the 12th of dec

and then had a visit yesterday demanding £910 pound or they were removing goods

[ploddertom]

I think when they have to attend, it is to attend to remove and they have to show the court distress warrant. If they charged for an £85 letter, you should have had a letter warning of a bailiff visit.

 

£85 for a letter is a mis-understanding. The £85 is placed on account upon receiving instructions from HMCTS.

[leejen1980]

i didnt have anything with a £85 charge only a attendance fee of £215.00

[ploddertom]

There is a strong possibility as this now classed as a criminal fine it cannot be included with any debt management plan. In this case I think you may find Step Change are wrong.

[ploddertom]

Did he give you a copy og the Notice of Seizure you say he was writing? If so can you list the goods seized exactly as described on the Notice? Did you sign the Notice?

[ploddertom]

When was the fine made? Did you complete a Means Enquiry? have you paid anything off it? Did you receive a Further Steps Notice?

[leejen1980]

Yes is signed it but at to come to agreement of £500 pound on the 7/2/14 and £410 on the 14/02/14 or he was taking there and then. items listed were:

1 Finlux TV

2 Sky Box

3 Cream corner piece suite

4 jewellery box

5 kitchen table and 6 chairs

6 silver microwave

7 white kettle

8 bosch washing machine

9 sensordry tumble dryer

10 vax cleaner

[ploddertom]

Haven't time to comment fully - as have to go out - but believe he may just as well have written that on Andrex as most of the goods he has seized are exempt or of little value. Others will comment further no doubt.

[leejen1980]

does it now give him the right to come back on the 07/02/2014 and take the items listed though

[ericsbrother]

He can come back but most of the items arent seizable,

like the furniture,

washing machine,

table etc.

 

The rest, bar the telly are of minimal value so probably exempt.

 

Even the telly may be classed as a basic domestic need.

 

I bet the sky box isnt yours anyway so that leaves the microwave.

 

when they return on the 7th just tell them the microwave is broken so you threw it away.

get it back from your next-door-neighbour later.

[dx100uk]

and the bailiff company is?

 

dx

[ploddertom]

and the bailiff company is?

 

dx

 

Would suspect as in Wales it will be Swift (Marstons in disguise).

[leejen1980]

Yes swift

[tomtubby]

leejen,

 

Firstly, a court fie of £695 for failing to send a V5 to DVLA is a huge amount. Can you confirm whether you received a summons?

 

If you did receive a summons did you enter a plea? (Guilty or not guilty)

 

Did you attend court?

 

When the court wrote to you about the court fine did you call them to make a payment arrangement?

 

Have you made any payments to the court to reduce the fine?

 

Did Step Change write to the court about your financial problems?

 

Finally, did the court send you a Further Steps Notice?