Swift Bailiffs at door for TV licence Court Case i ignored

[mikeymack2002]

"GIVEN" means by way of post/hand at the last know address of the defaulter as the OP has clearly stated they have not received either the further steps or the NOE

[KittyNoir]

No I wasnt given the choice. It was Merthyr court. End of. I'm having problems with PDF. Gonna upload to photobucket now

[determindator]

The notice is very blurred.

[KittyNoir]

 

Hopefully this is better

[determindator]

No I wasnt given the choice. It was Merthyr court. End of. I'm having problems with PDF. Gonna upload to photobucket now

 

 

Thank you for the info. It surprises me they cannot give you the option of a court nearer to you, if there is one which can deal with the matter.

[mikeymack2002]

PDF attached for you

[KittyNoir]

It's the best I can do atm. Just reading through some of your other threads. Some people are saying they can not remove stuff without a Levi? Can someone explain this to me please?. He has not made it past the front door as of yet. And he has only visited once so I dont understand how they can justify £330 worth of charges?

[determindator]

PDF attached for you

 

see post 29 now clear

[determindator]

Did you have a prosecution statement? This is a record of an interview which takes place under caution, conducted by TV licensing enquiry officers if they suspect that an offence under the Communications Act 2003 has been committed.

[KittyNoir]

Thank you. So confused and stressed by all of this. I've never had anything like this before. A couple of missed mobile bills but that's about it. The guy I'm dealing with is a thug. I'm so scared he will turn up while my husband is out and Take everything we own. Me personally I don't really have a lot in the way of stuff It will kill me if he breaks in and robs everything she owns

Edited December 14, 2014 by KittyNoir

[mikeymack2002]

So far they have charged you the compliance stage and enforcement stage hence the extra charges. BTW I put your letter up as a PDF now much clearer for all to read.

 

 

Its rather late now for most caggers to advise so rest till tomorrow then come back to check on your post. Nothing will happen tonight.

[mikeymack2002]

Please edit your post #35 to remove the listed goods and names use partner instead never post items like this in open forum for your safety ok and use the words "GOODS" instead

[KittyNoir]

I doubt I'll sleep tbh but I'll try. Thank you all for your help and advice so far

[mikeymack2002]

urgent you read post #37

[mikeymack2002]

again please post#41

[mikeymack2002]

Thank you. So confused and stressed by all of this. I've never had anything like this before. A couple of missed mobile bills but that's about it. The guy I'm dealing with is a thug. I'm so scared he will turn up while my husband is out and Take everything we own. Me personally I don't really have a lot in the way of stuff It will kill me if he breaks in and robs everything she owns

 

 

 

 

Please copy and paste the above into post 35 instead of what you have written

[determindator]

Did you have a prosecution statement? This is a record of an interview which takes place under caution, conducted by TV licensing enquiry officers if they suspect that an offence under the Communications Act 2003 has been committed.

 

It is late, best to rest now and the experts here will get you through it. Good night.

[KittyNoir]

Thank you. Good night

[Bailiff Advice]

Please edit your post #35 to remove the listed goods and names use partner instead never post items like this in open forum for your safety ok and use the words "GOODS" instead

 

I have read through the thread twice but had not noticed before that the bailiff may have listed goods. Can you confirm what the position is regarding whether goods have been listed and when this took place. Was a Controlled Goods Agreement signed?

[Bailiff Advice]

"GIVEN" means by way of post/hand at the last know address of the defaulter as the OP has clearly stated they have not received either the further steps or the NOE

 

MM

 

Putting the word 'given' into capitals as you have done is unfortunately along the same lines as the owner of another forum and is very misleading as it gives debtors the impressions that the Notice of Enforcement must be given by hand personally. I am sure that is the intention of the other forum.

 

The regulations are clear in the a Notice of Enforcement must be given to the debtor before a personal visit and that the notice can be given by post, can be given by my electronic means or even given in person. It is as simple as that.

[Bailiff Advice]

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.

 

Kitty,

From your above post it is clear that you cannot do a statutory declaration as you had known about the case against you. I am also assuming that when you wrote back to the court to explain that you could not attend court that you did not provide a copy of a Means Statement with your income and outgoings. I say this because the amount of the fine itself (£300) is pretty high for a TV licence fine.

 

You state that you received notification from the court (Notice of Fine /Collection Order) that the fine had been set at £300 and that you asked for a payment card. Courts do not provide these in any event. The court must provide a Further Steps Notice to you before they issue a warrant You must call the court in the morning to ask them about this.

 

You should have also received a Notice of Enforcement from Swift Credit giving you '7 clear days' to make a payment (or payment proposal). Swift give 14 days in their letters.

 

When did you receive notification from the court that the fine had been set at £300?

 

When did you contact the court to ask for a payment card?

 

Did you try making any payments to the court since that time to reduce the debt?

 

PS: The amount of £750 is likely to be made up of the following:

 

Amount of the fine: £300

Victims Surcharge: £20

Court costs: £110

Amount of warrant: £430

 

Swift Credit's Compliance Fee of £75

Swift Credit's Enforcement visit £235

 

Total: £740

[mikeymack2002]

BA... the reason is obvious why I used this method it was to draw to the attention to the fact that the courts are required to send the further notice steps letter this op has not had it. Maybe lost in the post.

 

 

The EA is to give notice to the defaulter, again the op states she has not had this, so could be seen as a non compliant enforcement under the rules. See post #26

 

 

The OP has had to edit this post to remove some lines of text as this would have caused her some serious grief, so the whole post is not available.

 

 

Finally my choice of a word may seem wrong but the rules clearly state "the debtor must be given a notice of enforcement" 7 days before the EA attends to take control of goods. The OP states none was received, which could make this enforcement wrong. Thank you for informing me of my poor choice of expression nicely done btw.

[Bailiff Advice]

 

Finally my choice of a word my seem wrong but the rules clearly state "the debtor must be given a notice of enforcement" 7 days before the EA attends to take control of goods. The OP states none was received, which could make this enforcement wrong. Thank you for informing me of my poor choice of expression nicely done btw.

 

Thank you MM.

 

If a debtor states that they had not received a Notice of Enforcement and a Further Steps Notice then it is usually always the case that there had been an error in the 'address field' (such as a wrong house number etc) or that all notices had been sent to a previous address. However, in this case Kitty confirmed that she has received notification of the fine (this would have come from the Notice of Fine/Collections Order) so clearly the court had the correct address.

 

Also, it is very unusual indeed to not have received either the Further Steps Notice from the court or the Notice os Enforcement from the bailiff company. Kitty needs to call the court in the morning to make enquiries.

 

Unfortunately, I cannot see the court being too sympathetic given that Kitty had known that she had been fined £300. It may be that she has made some payments to reduce the debt. We will have to wait to hear back from her.

 

As I understand it, the courts are complaining that nearly one million court fines are outstanding and they are no doubt putting pressure on bailiff firms to get the debts paid.

[mikeymack2002]

This is the version of the CAB in regards to enforcement for those that live in Wales see here http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/bailiff_has_issued_you_with_a_notice_e/bailiffs__notices_e/enforcement_notice_-_bailiffs_e.htm

[KittyNoir]

No goods have been listed. He has never made it past my front door, but has obviously peered through my windows and eyed up the stuff in my living room. So no goods have been listed. I'm going to ring them first thing tomorrow and find out what's going on. I can pay the fine on Friday. My dad has agreed to help me with it. I just have to keep this [removed] out of my house until then and want to know if he can break in like he says he can

Edited December 14, 2014 by dx100uk
behave - dx