Help with a Bailiff issue

Sg1642 · 5 November 2016 at 8:04AM

Hello thanks for taking the time to read this. If it is in the wrong forum apoligies.

Basically I have had a bailiff visit my home over a debt that belongs to my wife (an unpaid tv license fine from a previous address of hers before we lived together). I am serving in the armed forces and he first visited while I was working away and spoke with my wife. He hasn't been in my home and I have no intention of letting him in. Just looking for some advice really. My wife is unemployed and literally every item in the house was bought and is owned by me. I have tried to contact several local solicitors to make a statutory declaration but they have all said they don't prepare them. Is it something you can do by yourself? I have offered to pay installments (£600 including fees) to both him and the court and they have refused. I have read that if I pay the original fine online and keep a reciept it makes his warrant null and void because the fine has been paid is that the case or is that just a tall wife's tail? My wife never received the summons to court as it went to her old address.

fatbelly · 5 November 2016 at 10:48AM

This is the site I would trust for advice (not the one you found!)

http://bailiffadviceonline.co.uk/index/magistrate-court-fines/tv-licensing-and-court-fines

Your last line may give you a key. Although I have never heard of a solicitor refusing to do a stat dec, she does give further links at the bottom of that page and you can ask questions.

This could escalate quickly as the bailiff does have the right to force entry for a criminal matter in the magistrates court, which this now is. Again, that's covered on her site

Sg1642 · 5 November 2016 at 1:14PM

Thanks for the link and your advice. Given the fact this has went on for some time while I was away and the fact he is due to return on monday I don't think there is much I can do in the time I have left to deal with this other than pay what I can in a lump sum and hope he will make a payment plan with me.

sourcrates · 5 November 2016 at 1:32PM

What i would add, is that if there is anything of particular value in the house, to store it somewhere safely out of the way for the time being, including a car if you have one there.

As they can issue a "warrant of control" over any valuable goods that may be there, even if they are yours, you need to supply proof of ownership, so best to avoid the issue entirely if you can.

Also, in this month of remembrance, id just like to say thanks for your service, you are appreciated !!!!

Sg1642 · 5 November 2016 at 2:50PM

Thank you :beer:

That is something I plan on doing tomorrow before he visits. I don't mind paying it and if I could afford to I would pay it off in one go but I just don't have the money. The goods in the house that he would or could take wouldn't cover the debt anyway to be honest. What I can see happening is he'll come back take control of the goods and then make a payment agreement and charge an extra £100 for his troubles without actually taking anything. As I understand it my wife would come under the vulnerable category and charges shouldn't have been added while I wasn't there due to her being ill, unemployed and on her own with children. Now that I am home though I don't know if that is still the case. To be fair to the agent he could have been in the house and caused grief by now quite easily if he had wanted to (my wife isn't the sharpest tool in the box) and when I spoke to him on the phone I basically said 'look I'm just home any chance of a couple of days to try and sort this out?' And he agreed even though it's about a month past the point where he could come back with a locksmith. He seems a decent enough guy just doing his job which is why I would rather try and sort it without messing him about by being awkward but at the same time I'd like to keep my belongings :rotfl:

National_Debtline · 7 November 2016 at 7:31PM

Hi there,

A few key things for you to know with magistrate court fines and the bailiffs. Firstly, whilst they can force entry, it is not something that they will do very often. Keep the property locked and secure, do not let them in and hide anything your wife has of value outside. This should be enough to keep them out. They should only try and take her goods for the debt but as a precaution you should either hide your car or be able to prove it is yours with a receipt.

As far as fees are concerned they can charge a £75 compliance fee and a £235 enforcement fee. As long as they don't come in and nothing is signed, there are no further fees they can add. If you can get the court to accept payment on the fine directly, then the first £75 should be sent to the bailiffs and the rest distributed fairly between the fine and their fees as their fees now legally form part of the debt. The only exception to this would be if the court took the fine back from the bailiffs (either by request or the bailiffs passing it back).

In this scenario though your wife may be asked to attend a hearing to see if she has refused to pay or ignored the fine. Hopefully that won't ever be the case, but if it is there is a risk of imprisonment. Keep all of the correspondence in writing and keep records (just to be safe). Either pay the instalments you have deemed affordable online or through an automated pay service or save it to clear the full fine, when you have enough.

And, finally, if your wife is unwell she may be classed as vulnerable. She can write to the court and ask them to take the fine back, but this is up to them, and is very rarely done. Stick to letters/ emails with the bailiffs and make them aware if she is unwell.

Laura
@natdebtline

Sg1642 · 7 November 2016 at 10:14PM

Hello thank you once again for the advice.

Help with a Bailiff issue

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