Swift Bailiffs at door for TV licence Court Case i ignored

[determindator]

I thought the fine was for that 3 week period that technically I didnt have one. But thinking about it did I really need one given the fact I did not have a property of my own?. I only agreed to deal with the people on the door thinking that it would save my husband this agro as I thought I had one I didn't need

 

Another point of contention to tell Step Change and the Court. Write down all the questions tnite so nothing is left out.

[Peterbard]

So much has been teased out on here DB, it's probably best to see if the previous posts answer your question. We've exhausted most questions I think.

Not to much to ask for a simple yes or no, I would have thought

[Peterbard]

Another point of contention to tell Step Change and the Court. Write down all the questions tnite so nothing is left out.

 

Stepchange will not embark on challenging the enforceability of a debt or warrant.

[determindator]

I know that this has probably been addressed before, but were you appraised of the court action and given chance to attend

 

I think the answer is Yes, but if i'm wrong someone will correct. This has been a journey but think we're getting there.

 

Kitty has contacted SC and they seem very helpful at this stage. Tmrw is the day of judgement on helpfulness of SC and the Court.

[mikeymack2002]

I know that this has probably been addressed before, but were you appraised of the court action and given chance to attend

That would be a yes

[Peterbard]

Then I would talk to stepchange and the fine officer(quote the stepchange account number)and arrange a mutually acceptable repayment schedule managed by stepchange.

[mikeymack2002]

I'm astounded at the speed this has escalated to Court proceedings. Up to date in Feb and knocking at the door in March! I know if you do get behind, you ring TV Licensing they will arrange to increase your monthly DD to catch up over the year. You say above you completed a DD 'there and then.' Was it given to the interviewer? Did they lose it?

 

What you have to see is the op moved and by all accounts did not have a licence at the new address. But this is not her issue as she was staying there and that responsibility for the license was that of her partner..

Unless this is for her previous address this needs checking for clarity

[Peterbard]

What you have to see is the op moved and by all accounts did not have a licence at the new address. But this is not her issue as she was staying there and that responsibility for the license was that of her partner..

Unless this is for her previous address this needs checking for clarity

 

Wasn't the OP given the chance to argue all this before the fine was issued ?

[Peterbard]

Sorry but just saying what the court officer will say

[mikeymack2002]

Sorry but just saying what the court officer will say

 

OP never attended Court due to location ..

did not fill in the MC100 form

OP did not get furthersteps

OP did not get the NOE

 

Please read the thread in full it may assist you Dodgeball

[KittyNoir]

What she said on the phone is that they would contact swift with some sort of financial work out

of what we have and negotiate for the debt to be paid.

 

 

She said they can not refuse to deal with them and I will not have to have anything to do with these ejits

other than pay what's agreed (she didnt actually use the term ejit lol)

 

 

Meanwhile, I'm going to speak to the court and look at the legality of the fine given the fact that I wasnt living there at the time

or maybe just to take the debt back

 

 

I can pay off the original fine in one go on Friday so hopefully this will keep them happy.

 

 

One thing I will be doing though is making a formal complaint to the court and whoever else I need to about this bailiffs conduct

and the breach of DPA on his part for handing over personal details.

 

 

In my workplace we sign an agreement once a year to abide by Data protection.

It's us personally that's responsible and chargeable if we're found to have broken the law and we're only Technical Support.

 

 

Plus the fact that he threatened my husband with violence,

plus the fact he refused to show Id. I dont think he's registered on the online database.

I cant find his details on there at all

[mikeymack2002]

What she said on the phone is that they would contact swift with some sort of financial work out of what we have and negotiate for the debt to be paid. She said they can not refuse to deal with them and I will not have to have anything to do with these ejits other than pay what's agreed (she didnt actually use the term ejit lol) Meanwhile, I'm going to speak to the court and look at the legality of the fine given the fact that I wasnt living there at the time or maybe just to take the debt back I can pay off the original fine in one go on Friday so hopefully this will keep them happy. One thing I will be doing though is making a formal complaint to the court and whoever else I need to about this bailiffs conduct and the breach of DPA on his part for handing over personal details. In my workplace we sign an agreement once a year to abide by Data protection. It's us personally that's responsible and chargeable if we're found to have broken the law and we're only Technical Support. Plus the fact that he threatened my husband with violence, plus the fact he refused to show Id. I dont think he's registered on the online database. I cant find his details on there at all

 

Thx for that i wish you the best of luck.I beleive you have a case to defend run it past step change then a Solicitor then come back and update your thread.

In the meantime you have to take 10 minutes to yourself as this thread has been very long and fast paced.

[Peterbard]

What she said on the phone is that they would contact swift with some sort of financial work out of what we have and negotiate for the debt to be paid. She said they can not refuse to deal with them and I will not have to have anything to do with these ejits other than pay what's agreed (she didnt actually use the term ejit lol) Meanwhile, I'm going to speak to the court and look at the legality of the fine given the fact that I wasnt living there at the time or maybe just to take the debt back I can pay off the original fine in one go on Friday so hopefully this will keep them happy. One thing I will be doing though is making a formal complaint to the court and whoever else I need to about this bailiffs conduct and the breach of DPA on his part for handing over personal details. In my workplace we sign an agreement once a year to abide by Data protection. It's us personally that's responsible and chargeable if we're found to have broken the law and we're only Technical Support. Plus the fact that he threatened my husband with violence, plus the fact he refused to show Id. I dont think he's registered on the online database. I cant find his details on there at all

 

The problem is that the criteria which a court will set aside a judgment in a magistrates court is very narrow, BA will probably have the particulars on this, I have seen them but not for a while. and TBH from what I have seen the OP demonstrates none of them.

 

As said I would just stick to the help offered by sttepchange, at least for now and get the bailiffs off your back.

[Peterbard]

As said stepchange are a debt management company, they will not assist in challenging the debt just paying it.

[determindator]

Thx for that i wish you the best of luck.I beleive you have a case to defend run it past step change then a Solicitor then come back and update your thread.

In the meantime you have to take 10 minutes to yourself as this thread has been very long and fast paced.

 

Very much agree MM as Kitty has paid £145 by DD back in March/April which paid the TV License until end December, so an argument for SC to put to Court, but Kitty will put this to the Court also when she rings them. Maybe there isn't a fine to pay, surely that needs to be clarified first.

[KittyNoir]

Fingers crossed. I'll update tomorrow when there's a clear plan in place. Thank you all very much for your help and advice. Very much appreciated.

 

Night

[KittyNoir]

***********UPDATE**************

I spoke to Step change this morning and then to the court.

 

 

Step Change were really very helpful.

 

 

They set out a document containing all our financials and then Emailed me a copy to send to the court.

 

 

I then spoke to the court - for all of about 2 minutes.

I got through to what I suspect is a call centre where the agent said 'sorry you should have called us sooner - deal with Swift' and hung up.

 

 

I spoke to Swift and needless to say they denied everything I said to them and refused any further contact with their office.

I've since sent an Email to the court as follows:

 

I called this morning to speak to someone regarding my outstanding fine and spoke to a call centre agent that wasn't very helpful.

I was fined in September/October for non payment of TV Licence after an agent called to my husband's address

and my licence was out of date by 3 weeks.

 

 

I received a letter explaining that I was due in Court but could not attend the court date as we were on a low income

and I did not have transport at the time.

 

I then received a letter outline that I had been fined £350 in my absence.

We received nothing further.

We were unable to pay at the time as we were surviving on a very low income

and we were then without phone/internet for weeks as we were paying off other bills

(I have written confirmation of this from our ISP)

 

Friday evening the 12th of December a Bailiff that would only identify himself as "M.Thomas"

attended the house but I was not at home and my mother who is registered disabled was there watching our 2 children under 5.

 

 

He attempted to forcibly gain access to the house and explained to her why he was there and the amount that was owed

- which has now doubled.

 

 

He was refused entry and told he would have to deal with us direct as my mother had no knowledge of what was going on.

He was aggressive and intimidating and left her and my children in a state of shock making them fear for their safety.

He thrust an unenveloped written notice containing my details and debt amount at her and left.

 

Upon return I attempted to make contact with him and the company involved to no avail.

 

Swift Credit Services LTD

Credit licence no: 0004045

 

On the morning on Saturday December the 13th I had a returned phone call from the Bailiff in question

and his manner was nothing short of vile.

 

 

I could understand why my mother had been so distressed by his call as again he was aggressive and disconcerting on the phone with myself.

He said he was returning at 5pm to break into the house and remove goods to satisfy the debt.

 

 

I explained that I had had no prior knowledge of their company and wanted to speak to their main office

but was unable due to the weekend.

 

 

Again he was very abusive and told me that wasn't an option.

 

 

I also explained several times that I would have approximately 10 children belonging to other people in the house at that time

and it was not an appropriate time to return.

 

 

I commented that should he attend I would have Police presence to check his paperwork and keep the peace

as he had already threatened my husband with violence by that point.

 

I sought legal advice over the phone and registered with a company called Step change (client ref: xxxxxxx)

who have set out a budget to pay the debt given our incomings and outgoings.

 

 

Please find attached a copy of this document.

 

 

He advised me to come straight to yourselves to seek to resolve the matter and make a complaint regarding this Bailiff's conduct

given the fact he has not only broken the law by breach of data protection

but with his manner has sought to bully my family in our own home and attempted to force entry to the house

while there was only vulnerable people present.

 

 

Further to that he advised that we request that the court recall the debt from the company

as we can not afford to pay the debt in full and all communication has been rejected by Swift for us to pay back

what's owed as we can afford.

 

 

I want and will pay back this debt directly to the court if granted

so I am requesting that the debt is recalled so we can do so.

 

 

We will not under any circumstance be allowing this person peaceful entry into the property to list and

/or seize goods and are seeking legal advice over the breach of our personal details

to a third party against both the Bailiff and the company through separate avenues.

 

 

This matter is causing my family paramount distress. I have documented mental health issues

as I am diagnosed Bipolar and I am seeing my GP later on today for anxiety levels

that as you can imagine are now through the roof.

 

 

I am now having to take time off work also.

 

Another concern for us is that we could not find this man's registration details documented on the

Ministry for Justice Certificated Enforcement Agent Register which I was advised by

Step change he was required to do by law.

 

Please again, I ask the court to seriously consider dealing with us direct so the amount outstanding can be paid promptly and securely.

 

Myself or my husband can be contacted at anytime on xxxxx xxxxxx or xxxxxxxxxxx

and I am happy for you to discuss details with him should I not be there at point of contact.

 

Many thanks for your time

 

 

So, how does it read? Do you think I stand a chance of having the debt recalled to the court after that?

[Peterbard]

kit

Did stepchange say why they did ot contact the EA on your behalf ?

[mikeymack2002]

Hi again glad you have started to sort things out.

 

 

The National Standards for Bailiff enforcement has rules.

You are possibly classed as a vulnerable household and MUST notify the EA and his office of this straight away.

Start reading here

[KittyNoir]

No they didn't tbh and now Swift's head office are refusing to deal with it saying I have to deal with the bailiff direct. But I have made the agent take down dates and amounts of my proposal to pay which I'm sending to their office in writing now also. Forced entry is becoming more and more diminished for them I hope given the fact Im showing I'm not being unreasonable and am offering to pay. Something interesting I was told though is not to contact the police if he turn up again because they always side with the Bailiff and help them gain entry. Is this true?

[Coughdrop]

If you feel in danger, or that there may be a breach of the peace, your safety comes first and you should contact the police. To be fair, the police are not always well versed in bailiff issues, and some do tend to side with the bailiff, it depends who you get. I reiterate that your safety comes first though - anything else could potentially be dealt with later if there was misconduct. You do not have to let the bailiff in, or even answer the door to him/her. That is the best way to keep them out.

[dx100uk]

this is a mag court fine.

 

 

has right of entry - CD

 

 

no good saying ignore him

[Peterbard]

I am cornered that Stepchange did not take this on , CD what us the usual response to DMP providers regarding debts which have been passed to EAs, I was under the impression that they can be added to a payment plan along with any other debts and that the provider should set this up along with any other debts, is this not true.

 

If not it is something that needs to be addressed

[doggone it]

I am cornered that Stepchange did not take this on , CD what us the usual response to DMP providers regarding debts which have been passed to EAs, I was under the impression that they can be added to a payment plan along with any other debts and that the provider should set this up along with any other debts, is this not true.

 

If not it is something that needs to be addressed

 

Maybe for some but I would not have thought it would include criminal fines.

[Peterbard]

Maybe for some but I would not have thought it would include criminal fines.

 

I don't see why not, they are supposed to accept repayment in installment, why should it not be managed. A large proportion of the debt is fees in any case.

 

I eil give them a ring and see what their stance is on this.