Really worried~ help with bailiff appreciated!

pennyfrog

I could really do with some advice folks!
To cut a very long story short, last year hubby drove our car to get some repairs done to make it road worthy and get it through its MOT. It was declared SORN at the time and not long after he got a letter from the DVLA saying that he'd been seen and was being fined- but that installments would not be accepted. He sort of panicked and didn't tell me- and it was pushed aside. Basically, things got worse and now he has a fine of £1,070.

I know it was stupid- but the point is what to do now.

This week, while my teenaged daughter was alone in the house while we popped to the supermarket, about half 5 in the afternoon, she was in the bath when someone called at the door. We have told her that she must not open the door while we're out unless it's a family member- (purely a safety issue- our son isn't allowed to either.) She became very scared as this person kept ringing and banging on the door for some time.
Eventually they left. She found a note saying that we had 'refused entry' and 'willfully tried to avoid' them. It was left by a Bailiff company called Marsden.
I assume that the bathroom light being on told them that someone was around, although my daughter didn't go anywhere near a window- (not dressed for one thing and too scared for another).
It said on the printed note that they would return within 7 days and could bring a locksmith to gain entry.

Late the next morning, (Thursday) a woman turned up, ringing and banging on the door repeatedly. I ignored it as we hadn't had a chance to work out how to deal with the situation yet. There was no indication we were home (I did manage a peek at her) and she left a note in the door. It gives details of how to pay and says she'll be back without warning and that this is our final notice.

If we owe the money then we owe it- the problem is that there is no way on this planet that we can pay that amount in one go. We barely have enough to pay every thing else at the moment.

I'm so scared that tomorrow she'll be back.

I know the 'should haves' but it's a little late for that.

I really need to know what to do next. What can she actually do? We really don't have anything of that value.

Any thoughts would be helpful.
Thank you.

live-life-debt-free

You may find this useful...unfortunatley you are up against it>

http://news.bbc.co.uk/1/hi/business/3602515.stm

10past6

I do have some advice, but I think it's best you send a PM to herbie21, use the search at the top of the board.

10past6

I've just remembered, there's another site member you could PM, RobertoMoir

scaredy_cat

have a look on http://www.bailiffadviceonline.co.uk/ and as 10past6 has said, send a pm to RobertoMoir or Herbie21. Have you received a CCJ for this debt, as a bailiff cannot enter unless it's gone to court.

fatbelly

It's Magistrates Court, not County Court. This bit of Herbie's site explains more...

http://www.bailiffadviceonline.co.uk/magistrates_whatare.htm

pennyfrog

If I contact the Magistrates Court tomorrow and inform the Bailiff that I've done so, does anyone know if that will hold off the baiiffs?

fatbelly

If my experience is anything to go by, the court will just tell you to contact the bailiffs...

Herbie21's the one to advise here - send her a pm.

Herbie21

I am sorry as I had missed this question.

This is a Magistrates Court Distress Warrant. A LETTER must be send straight away and I have sent you a PM with the password to get a template letter from our website.

It is important that your husband does not have a car around as the bailiff will certainly clamp it. Of that I am CERTAIN. Can you also call the Magistrates Court to ask them the date of the warrant. This is because the warrant MUST be returned back to the court after 180 days ( 6 months).

The fees that the bailiff can charge are £50 for a letter and a visit fee of £175 !!

pennyfrog

Thank you for your pm Herbie, I've sent a reply on the email address you gave me.

I sent a letter early in the week by recorded delivery to both the bailiff office and the Magistrates. The Royal Mail website confirmed that both were delivered. however, the bailiff has informed me that she contacted the court and no letter was sent. As such they've given her the go ahead. She said that a locksmith has been called but didn't say what day or time.

I don't understand this at all. I found the summons and sent the letter to the address on that. It's a court further away than the one in our nearest town, which surprised me- but as it was the court on the summons, I assumed that was where to send the letter.

I'm really scared now and just don't know what to do. With no idea when she's planning to come I don't what to do about moving some of our things. I can't bear the thought of her taking my kids things- my son spent all his birthday money on an X Box last year and I don't want to see it taken. My daughter needs our computer for her studies, as she's homeschooled and the computer is essential for some of her coursework.
Should I be doing something with them now just in case?
I feel sick all the time now.
There's no way she'll get a thousand pounds worth of stuff to sell from here- so what happens then? If we can get our car out of the way for when she turns up, can she come back and take it later?
I just don't know what to do.

pennyfrog

Just wondering if anyone has any advice. I'm so cross with myself for being feeble, but I'm getting so worked up about it all.