Magistrates speeding fine and bailiffs

[rudeyjudey32]

To cut a long story short the bailiffs came yesterday looking for my partner with regards to a magistrates fine. They have previously visited his mothers address and my partner went to court to pay the fine in full and was told they couldn't accept it and to wait until November until the case was passed back to them. In the meantime they called yesterday and banged on doors and windows scaring me and my kids to death. I called the police who said he was within his rights and she called him up and said that they would be back tomorow at 7 with the police and locksmith.

 

The house is mine I have lived here 5 years and all the belongings (nothing of value) belong to me as my partner previously lived with his parents and hasn't lived here long. He spent all yesterday speaking to people and was advised that under schedule 12. No break of entry could be done as it's my property and belongings.

 

This morning the bailiff has turned up again shouting through letterbox that the police are on there way and locksmith. He's just left after 2 hours of sitting. Please help what shall we do. Update police now here

Edited August 20, 2014 by rudeyjudey32

[unclebulgaria67]

You don't have to let the bailiff in. The are private contractors working for the courts. They would need to go back to the court to gain their approval to break in using locksmiths and then pay you compensation as it is not your partners property.

 

The court should accept payment and then use part of this to pay the bailff some of the fees they are entitled to, meaning that some of the fine would still be outstanding. But courts may not want to do this, unless they really have no choice.

 

Suggest that your partner pays the bailff what they can afford now and make an arrangement to pay the rest when they are able to do do.

[lookinforinfo]

I suspect that the address where your partner's correspondence has been going has not been yours so that would also prevent the Court from giving permission to enter

your property as it is not the correct address registered by the Court. The bailiff is trying to scare you into paying.

 

Do not let the bailiff into your house-despite what the Police may say as they are often unaware of bailiff law-there is no right of entry by bailiffs. Really, your partner should have contacted the bailiff with a view to paying the fine some time ago regardless of the Court advice which was not good.

 

As it is, he should ask the bailiff company for a breakdown of the costs to date -when they were charged and a breakdown of each individual charge. The Court fine, their costs

as well as the original charge should be cross checked with the Court.

[rudeyjudey32]

We have ended up having to beg, steal and borrow the money and pay the bailiff. The police rang the court and were advised that permission had been given to break in entry and as the warrant was at my address there was nothing could do to stop it. I mentioned paragraph 10 etc but was told that once the goods had been taken then I would have the chance to prove ownership.

[rudeyjudey32]

Re the post above, i tried to negotiate with the bailiff and offered him the contents of my account £100 but he said the court bailiffs were on their way and the full amount &670 had to be paid to stop them

[unclebulgaria67]

Re the post above, i tried to negotiate with the bailiff and offered him the contents of my account £100 but he said the court bailiffs were on their way and the full amount &670 had to be paid to stop them

 

You should make a formal complaint to the bailiff company. They are not supposed to deal with a third party in this way. I don't think they are actually allowed to break into a third parties house just because it is believed the debtor lives there.

 

If your partner did not receive court paperwork such as further steps notice, it may be possible for them to make a statutory declaration to the effect and then get the bailiff to refund the fees.

[%Ostrich%]

The reality of the situation away from the internet is that the Magistrates ARE going to grant an awful lot of these permissions in the coming months until it becomes common knowledge that this can and will happen.