Please help I'm terrified of the bailiff

NOTAGOODDAY

Can someone advise me.. Have just experienced the most terrifying hour, as been visited by an Excel Certificated Bailiff who is attempting to remove goods for an unpaid parking fine of my husbands. The amount they want is £705! and i simply do not have it. he was screaming at us through the letterbox and kicking the door and says he is coming back tomorrow with a locksmith to get in. We have quite a bit of debt which I am finally dealing with through CAB (head in sand for far too long tbh) and my husband has his own appointment with CAB next week regarding his debts. We are in reciept of benefits after losing our business after my husband broke his back and i subsequently suffered from serious depression. According to my CAB financial statement my disposable income is less than a pound and there is no way the bailiff that just came would accept that. I did not open the door or speak to the bailiff as advised by CAB, but am now left terrified to leave my own house incase they are waiting somewhere for me, I keep all doors/windows locked but what good is that if a locksmith can drill your locks out? I'm scared to be at home aswell please help im fallin to pieces here, just when i thought we were finally going to get things sorted and put our lives back on track. We are not disputing the parking fine, but were simply too broke to pay it and of course it just goes up and up and is now immpossible for us to pay......what can i do please I'm so embarrased now my neighbours all know my business:(

boliston

That sounds like bluff regarding the locksmith. The only time they can drill out a lock is if you have PREVIOUSLY invited the bailiff into your home.

Bailiffs are very cunning and know the loopholes, like they might try and use tricks like asking if they can come in "to agree something on the phone with head office".

McKneff

If he starts behaving that way again, immediately ring the police.

Can you record him shouting through the letter box.

He is not allowed to enter your house uninvited under any circumstances , neither can he get a locksmith to do you locks in. He is lying to frighten and intimidate you.

Do not let him frighten you, he will see that hs is winning.

Ring his company in the morning outline what you are doing about the debt. If they say he will come anyway tell them that the police will also be there to witness anything that happens.

And stop worrying,

NorthernLas

OP: Please have a look at the following website http://www.bailiffadviceonline.co.uk/magistrates_canthebailiff.htm

A bailiff can only force entry if he is collecting magistrate court fines that are criminal - THIS DOES NOT APPLY FOR PARKING FINES

If you cannot pay the fine you can apply to the court and this will stop the bailiff action.

However, you also need to be aware that the bailiff can clamp your car, so if your OH has one, it should not be parked anywhere near the house.

This part is specifically about PCN

http://www.bailiffadviceonline.co.uk/removalnotice-pcn.htm

NOTAGOODDAY

thanks for the replies guys, so good to know there are people out there :-) I will ring the company in the morning and tell them that we are getting help through CAB, I fully intend to pay the bill but the charges are getting ridiculous (hence me burying my head a little) I feel much better now....so silly to get upset I know but can't help it sometimes thanks again xxx

snugglepet20

Just to check is it a parking fine from the council? If it is a private one they cannot make you pay it, thats all.

NOTAGOODDAY

would they be able to clamp the car as we have it on the motibility scheme, so theoretically it is not ours, but we definately need it as hubby cannot walk well x

TaxPayingMug

THIS DOES NOT APPLY FOR PARKING FINES

It does if they are issued via the council concerned.
Its bad practice leading the OP into a false sense of security when you dont know the facts.

NOTAGOODDAY

oh god......it is a council parking fine, so they can break in????
after reading I bailiffadviceonline.co.uk...thebailiff.htm i don't think they can

fatbelly

He can only force entry (locksmith) on an initial visit if it is in relation to a criminal fine in the magistrates court. To clarify this is any of the following:

• Driving offences: such as speeding.
• Driving without a licence, insurance or car tax.
• Driving whilst disqualified etc,
• Not having a TV Licence

It is important to note that this does not apply to unpaid parking charge notices (PCNs) which is what it appears that you have.

I do not recomend involving the police as they do not understand bailiff law and are likely to cause you problems.

The advice CAB have given you appears to be good. If you have any means of recording the bailiff's threats, that would be good as he can be recalled to court if it apears that he is either 'not a fit and proper person' or does not understand the law.

This video may give you some ideas.

http://www.youtube.com/watch?v=sBRbXOoYpFM

NorthernLas

From BailiffsAdviceOnline

"The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court."