Swift Bailiffs at door for TV licence Court Case i ignored

[KittyNoir]

Hi I'new.

 

Joined up for some advice really.

 

Last night my home was visited by a Bailiff from this company.

My husband and I were out at the time and my mother was watching our 2 young kids (both under 5)

He said he was a court appointed Bailiff and was there to collect unpaid fine for TV licence

(2 weeks out of date and they summonsed me)

 

Initially he tried to barge through my mother to get into the house.

Scared for the kids safety she went outside and locked the door.

 

 

She told him to do one.

 

 

He refused to show her ID and she said he will need to sort it out with us.

 

 

He thrust an unenveloped hand written 'Notice of attendance to taking control of goods' at her with all our details

and debt amount (which has jumped from £300 fine to now £750)

 

Mortified,

I called his mobile and the office but got no joy.

 

 

This morning he called me back and was nothing short of vile on the phone.

 

 

I explained that this was the first I'd heard of his company and wanted to call the office to arrange to pay.

 

He was having none of it.

He was coming back at 5pm to drill the locks and take what he wanted.

I had to Cancel my daughters 4th Bday party from fear he would return.

 

I spoke to some people today called Step change that said it would deal with this company on our behalf

He called at 4pm asking 'do you have my money'

I told him about the advice I had received and he told me I was 'full of it'

and he was coming back to smash the door down and 'take that nice big TV you have'.

 

He did not return but

 

 

my question is can he actually force his way into our house

and where do I stand in terms of repayment

 

Thanks

Edited December 13, 2014 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along later with advice for you, although things are quieter here at the weekend. Please bear with us until they're able to get here.

 

My best, HB

[KittyNoir]

No problem. It's late now so if he turns up I'll call the 999 for breach of the peace. Can't see me getting much sleep now tonight

[dernawi]

No problem. It's late now so if he turns up I'll call the 999 for breach of the peace. Can't see me getting much sleep now tonight

 

hi kittynour I don't think he will turn up tonight as there's rules regarding when they can come and enforce which they can only enforce between 6am-9pm if they come outside these hours and take goods you can apply to the court to get them back, if I understand correctly.

[mikeymack2002]

Hi welcome to CAG.

 

 

Can we please have some more info please?

 

 

Did you know about the Court case? If not you can file a Statutory Declaration at your local Court House, but you need to do this only if 21 days has not passed since you becoming aware of this fine. If you did not know you need to do this asap ok

 

 

Have you filled in a means form for the Court?

 

 

Did you receive the further steps notice from the Court

 

 

Are you working?

 

 

So as you can see we need more info than that posted

 

 

finally did you receive the 7 day notice from the Bailiff (EA)

[dx100uk]

can you please answer the questions above...URGENTLY

 

 

its a mag's court fine

so sadly can force entry.

 

 

dx

[KittyNoir]

Ok so yes I knew about the court case but couldnt attend because yes I work. No I did not fill in anything from the court and no, no letters from this company as far as I know

[dx100uk]

its not a good idea to TOTALLY ignore a court case!

 

 

contact the court and tell them you have not received the further steps notice

1st thing tomorrow

ask if you can start payments direct to them

though there could still be bailiff charges involved...not sure.

 

 

make SURE you stick to the arrangement

drop stupid non priority debts like cards/catalogues/mobile phones down to £1PCM

 

 

get this paid off!

 

 

dx

[mikeymack2002]

Since this EA tried to barge in I suggest you have your mobile phone ready to record his demeanour and how he speaks to you at the door. He must provide you with his authority to collect this debt form the Court a minimum is his/her ID and if he has it the Warrant of Control.

 

 

You are entitled to see this Warrant of Control at any time even if they take you to see it at the office. If he refuses then speak to the Court on Monday

[mikeymack2002]

Also you may still be able to pay your fine online here https://www.gov.uk/pay-court-fine-online but there still may be fees outstanding. There is currently a lot of debate going on atm in regards to this but if you can pay it then do so.

 

 

If you make an arrangement to pay by instalments then you MUST NOT miss a single payment. As more fees will be added to this ok

[mikeymack2002]

Before this went to the Bailiff you will/should have received a further notice letter from the Court can you please tell us if you got this as it is very important that you can let us know. If not then there are other ways to deal with this

[KittyNoir]

No I did not. I didn't ignore the court case. I wrote to them apologising that I could not attend due to it being 45 miles away and I had to work. Got a letter to say 300 quid fine. Called number and requested a payment card. Nil poit. Next thing I get is this douche at my door. So he can break into my house even though we've only received this notice yesterday?. The lady I spoke to today from Step Change was under the Impression he could not return now for 7 days?

[KittyNoir]

Why has my topic subject changed?? I did not put Ignored??

[mikeymack2002]

1. Ok so no further steps letter from the Court, call them 1st thing Monday inform them of this

 

 

2. You must be "Given" a letter by the EA that states that you have 7 days to contact them to make an arrangement to pay. If you have not had this letter can you say so please?

 

 

3. Have you moved or is the address the same as it was when the case went to Court? either way these letters are required to allow enforcement to happen like this.

[mikeymack2002]

Why has my topic subject changed?? I did not put Ignored??

 

 

This was done by the site team to reflect you did not attend Court nothing more

[KittyNoir]

This is the letter he handed my mother Friday evening I think. It's the first letter I've ever had off them. I can post a picture if that helps?

[KittyNoir]

Ahhh I see. NP

[mikeymack2002]

Can you please confirm that you neither received a letter from the Court and the Bailiff prior to him attending your property

 

 

If you post this letter you MUST hide all your personal details and any barcodes or other identifiable marks then upload it as a PDF only use this guide

 

 

HOW TO upload DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

 

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG you must ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

 

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DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

 

1. SCAN YOUR DOCUMENT

 

- Set your default scan page size to A4 less than 300 DPI (150 will do)

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[KittyNoir]

Yes I can. I had nothing. Littrally Nothing. He's saying they sent a letter in October (something to do with compliancy) Despite the fact I honestly havent had it he rekons he can just turn up and break in

[KittyNoir]

Here it is

[mikeymack2002]

Can you follow the above guide to post up their letter but verify no personal data is visible

[GrumpyToSayTheLeast]

Since this EA tried to barge in I suggest you have your mobile phone ready to record his demeanour and how he speaks to you at the door. He must provide you with his authority to collect this debt form the Court a minimum is his/her ID and if he has it the Warrant of Control.

 

 

 

 

 

You are entitled to see this Warrant of Control at any time even if they take you to see it at the office. If he refuses then speak to the Court on Monday

They will NOT take anyone anywhere to see the warrant. It can be viewed during normal office hours at the issuing magistrates court. The enforcement agent should be carrying a facsimile copy anyway. He must also have his bailiff id and also an id card from the magistrates confirming he is authorised to enforce warrants of control, arrest warrants etc.

[mikeymack2002]

Please follow the guide in post #18 as a jpeg is too small it needs to be a PDF thx

[determindator]

Ok so yes I knew about the court case but couldnt attend because yes I work. No I did not fill in anything from the court and no, no letters from this company as far as I know

 

 

You said in a post you live 45 miles away from the Court you were asked to attend. Court letters usually state you have the opportunity to attend a court near to you. Was this offered?

[GrumpyToSayTheLeast]

1. Ok so no further steps letter from the Court, call them 1st thing Monday inform them of this

 

 

 

 

 

2. You must be "Given" a letter by the EA that states that you have 7 days to contact them to make an arrangement to pay. If you have not had this letter can you say so please?

 

 

 

 

 

3. Have you moved or is the address the same as it was when the case went to Court? either way these letters are required to allow enforcement to happen like this.

No, the EA must be able to show that his office sent a NOE out to the address he is attending. He does not have to provide proof its been delivered or indeed GIVE it to the debtor.