Bailiffs - help

RiffRaff

Hi,

This isn't strictly relating to one of my debts, but I'm hoping someone can help. I received a notice through my door from bailiffs this morning saying that I owed £623. Called the bailiff and was told that it relates to a request for information from the courts relating to a driving issue.

I have received nothing from the courts relating to a driving offence - ever! And I haven't been stopped by police ever either.

I'm going to call the Magistrates Court this morning and try and get more information. What do I do next? Do I pay to get the bailiff off my back and try and claim back later? How do I deal with Bailiffs?

Thanks for any help

themaccas

Don't pay anything it sounds like a scam to me! Wait until you hear from the magistrates court.

Broken_hearted

You are doing the right thing, don't pay it until they can show you proof its your fine.

RiffRaff

OK, thanks. The bailiffs (Drakes Group) exist and I've just been looking at their website. They do do enforcement for the courts so it's probably kosher - I'm going to go down to the court when they open in 20 minutes or so, hopefully all will be fine...

Bossyboots

I know you are going down there, but I wonder whether in fact you have been caught by a speed camera and not received/returned a notice of intended prosecution. If that is the case then you have at least three letters which you have not received and I suspect the court may have difficulties believing that.

I imagine this may just be a mistake. Please let us know what happens.

MrsTinks

whoa hold your horses!!! There is a statute of limitation on this hun That means that is you have given DVLA your correct details etc and the police/courts have not made conact with you within 6 months then you're off scot free.

Whilst I think that if you were speeding then you were speeding but I don't agree with huge costs incurred just because the police/courts/DVLA can't find you ALTHOUGH you have ensured your correct details are registered to the vehicle.

Get proof that this really is for you (some times their systems aren't the most reliable...) and find out when the alledged offence was etc. Don't pay up until you find out what exactly is going on and inform the baillifs that you are disputing the offence and the debt.

T

RiffRaff

OK, here's the problem. I moved house last March and changed all my details with everyone - except my car registration, which completely slipped my mind until car tax was due at start of August. So early in August I completed my registration document to inform the DVLA of my new address. At the end of July I was caught speeding and because the car was still registered at my old address all subsequent correspondence was sent there.

Entirely my own fault, which makes it worse as now I will have a criminal record with an offence much worse than a speeding fine.

wigginsmum

Do you have the option of paying this outstanding amount now?

RiffRaff

Yes, but I'll still have the criminal record. They've put the bailiffs on hold for 7 days whilst I seek legal advice.

Bossyboots

tine wrote:

whoa hold your horses!!! There is a statute of limitation on this hun That means that is you have given DVLA your correct details etc and the police/courts have not made conact with you within 6 months then you're off scot free.

Whilst I think that if you were speeding then you were speeding but I don't agree with huge costs incurred just because the police/courts/DVLA can't find you ALTHOUGH you have ensured your correct details are registered to the vehicle.

Get proof that this really is for you (some times their systems aren't the most reliable...) and find out when the alledged offence was etc. Don't pay up until you find out what exactly is going on and inform the baillifs that you are disputing the offence and the debt.

T

You have that slightly wrong. The limitation is six months in which to lay information at the court for a prosecution to be brought. What has happened will be this

1. NIP sent out and "ignored"
2. Information laid at court within six months of the offence
3. Summons sent out and "ignored"
4. Matter listed in court - no attendance by defendant. Matter convicted in absence. Fine given.
5. Letters from court to defendant "ignored"
6. Notice to defendant to appear in court "ignored"
7. Passed to bailiff for resolution.

Not sure how lenient the court will be on this. I think the whole amount might still need to be paid. As the fine was given in absence and therefore without the benefit of a statement of means and the fact that all paperwork as, as far as they are concerned, been ignored, that fine would have been quite high.

Make sure the legal advice you get is local to your court as your advisor should then have a good idea of what attitude is normally taken in this situation.

RiffRaff

Hi,

Thanks everyone for your replies. I sought advice from a local solicitor at lunch time and he's confident he can have this case re-opened as I never received the summons. I obviously now have to pay him too but he expects reduction in the fine will save me that money at least. (But then he would say that...)