bailiff advice

johnathan

i have had a visit from a bailiff who left a notice.

the back ground is i owe 2 bus lane fines. unfortunatly how i got them was being lost but thats no excuse. this was while i was out of work for 2 years and simply couldn't pay. when i had saved up the charges went up, i also didn realise it was 2. one one way then the other getting off the street the other way.
i recieved a letter from the debt collecters, court approved letter or whatever it is called. i obviously rang as now im working i am trying to sort out all my debts and am on payment plans for all. they however stated it must be paid in full by 6th Jan, i said how i cannot do this i simply dont have the money. A opayment plan was rejected. since i could not pay this the baliff has come. I have tried to reason with him over the phone for a plan to try and pay some every month. Albit a small amount but its what i can afford.

The house i am at is not mine, i have no possesions, i am simply bunking there till i find somewhere to live but i used it as my postal address. Do they have right to take anything as i am not on the rental agreement as it is not my house?
also they said about the car, i sold this last week to another person in the home to get some money for some debts, this was before the baliff came. unfortunatly it is worth very little and the person is kind enough to allow me to commute in it as i am insured with him. tho the log book has not come back.

the baliff came on wednesday and friday will be coming to sieze goods, but i dont have any. i am concerned about the goods of the house owner as they are his. The baliff cannot take there possesions can they?

johnathan

also after speaking tot he baliff, as the car owner hasnt been changed over, ie log book recieved yet, he will still take the car. which obviously puts me in that i owe money for the car that i sold. seems a catch 22.

National_Debtline

Hello there.

A bailiff should only try and levy upon items that belong to you. Sadly we come across many examples where a bailiff doesn't do this. You may wish to consider having a 'statutory declaration' drawn up. This is a formal declaration that none of the items within the property belong to you - the bailiff should hopefully adhere to this. You can get a statutory declaration drawn up via the court or a qualified legal professional; there is likely to be a small charge. If you live near a Law Centre they should be able to help:

It appears that it is a Magistrates' Court bailiff that is chasing you, although they may state that they have the right to force entry this power is only very rarely exercised. We have a comprehensive fact sheet covering Magistrates' Court Fines on our website.

Has the bailiff actually 'levied' on the vehicle? You should have been notified of this in writing.

As a new user I cannot post links but a google search will find the Law Centres website and ours (be careful if you decide to look for us as there are lots of commecial firms with very similar names to us)

johnathan

thankyou for the response

i had a letter the one which i rang the company, which is marstons.

it says they have been given permission to chase the payment in full and take assets.

i shall however do a statotary declaration. although this i imagine wont be done before 12pm tomorow.

it is a shame, i am trying to rebuild my life after a terrible 2 years. it is my fault im in this mess, mental health issues, death of my mother, out of work etc. now im working, its tight every month but i am paying so many back. just this one and another 1 wont budge.

RAS

Hi

has the bailiff been in the house?

Even if he has he is lying through his teeth.

What is the value of the fines? And what is the value of the car (how much did you sell it for)

johnathan

no he has not been in the house.
337pounds is the amount. thats why im so confused. unfortunatly i have 2pound 86p left in my account after paying towards debts this month.
the car is worth 200pounds, i was given what i bought it for. mk2 golf, j reg, td, dings and rust etc. so you can see i am not lyeing about its worth.

RAS

OK

With respect to the stuff in the house, he is telling you massive lies. Bailiffs are often bullies and make threats to extract money from you with little regard to anything else. he is not allowed into the house unless you (or a housemate) invite him and he is not allowed to remove anything which is not on a levy or walking possession order and he is not allowed to take your housemates' goods.

Did he provide you with a levy on the car?

RAS

Can you ring national Debtline - details from Martin's advice sheet.

A full debt help service in England, Scotland and Wales. Online advice is also available via its My Money Steps tool.

• Link: National Debtline
• Tel: 0808 808 4000
• Opening Times: M-F 9am-9pm, Sa 9.30am-1pm (or see Business Debtline for business debts).

DS4215

RAS wrote: »

OK
... and he is allowed to take your housemates' goods.

Did you miss a "not" out from that sentence?

RAS

DS4215 wrote: »

RAS wrote: »

OK
... and he is allowed to take your housemates' goods.

Did you miss a "not" out from that sentence?

Thanks

Edited.

tescomilk

I don't want to sound like a grump but you really need to take any Council debts more serious than any of your other debts.

Apart from Food, you really need to make sure all your money goes to paying this £337 as soon as possible. Forget about all other debts (energy/phone/credit cards) for now - all these debts while important are not as severe as missing a council-backed debt (ie Road Fine).

If your a few weeks late paying a phone bill or bank charge etc they won't send anyone round. But the Council will keep using the Bailiff until the money has been paid which will cause you (and your friends/car buyer) lots of stress. Good Luck tho let us know how you get on!