Distress warrant for criminal fine. Threatening to break in tomorrow. No payment plan

subboy2

Larry123 wrote: »

Yeh, its beginning to look like we're just going to be paying it tomorrow. The whole situation is ridiculous, and you're right, as far as I know, the bailiff has already been round a levied the entire house.

Haha, youre right, I had no idea where to start with the appeal. At the end of the day, there isnt really an excuse. No medical issues, nothing. Just sheer laziness, so I didn't have much to go on. I didn't use that form for the appeal but put something together with what information I had at the time. I didn't get it to the court until 4.30 so it was a bit of a rush job. Just wanted to get something in to hopefully have the bailiffs put on hold, even if the appeal is a load of rubbish

Thanks for the help guys. I feel like I am wasting people time with this one as the situation is the result of laziness and stupidity. As I said, if it wasn't going to effect my parents, I'd let him learn the hard way like I have had to.

I'll let you know what happens tomorrow.

Good luck with it all. I hope your brother learns his lesson! LLet us know how it goes

Larry123

Ok so good news. The appeal worked and the bailiffs have been put on hold while the crown court come to a decision. I feel like a lawyer

He is very lucky I was here to help and that I at least know where to start. It's all about communication isn't it. Just keep talking to people at all stages.

I'm almost certain the crown court will decline the appeal. It was a pretty lame attempt, but as I said yesterday, what the hell could I put that was viable. We will now put forward for a payment plan and I'll help him with some budgeting.

I think the lads learned his lesson. I just wish he would have come to me sooner. I've always told him to. He has got problems in his life, his ex gf has moved 300 miles away with his 3 year old son. But that's more the reason to share his problems. I don't mind handling these things for him, or a least helping but last minute is very hard and ruined my day off. I had plans!!! Lol

Is now the time to request an inquiry hearing or do we just wait to hear the crowns decision? If the appeal is declined, will there be an opertunity to set a payment plan again or will it be STRAIGHT back to the bailiffs. No nonsense.

Thanks

stevemLS

Hi again

Glad you managed to defer them today.

Your brother can apply for time to pay by writing to the Fines Officer of the convicting court.

It is best to make an offer of how much he is able to pay and to enclose income/expenditure details so that the offer can be assessed as to whether it is reasonable.

If the Fines Officer thinks it is reasonable, he can agree. If not, or he is unsure, it goes to the court and a summons will be issued. The court will then decide.

If the latter happens, it is always better to "save up" the amount that he has offered to pay so that immediate payment of that sum can be made at the court - this shows willingness to pay, evidence for which is in short supply at the moment.

There is not much point making that application until the Crown Court has decided on the appeal, but I don't think that will take long - a judge will deal with it on the papers.

AS SOON as you know the outcome of that, get the letter requesting time to pay in to the Magistrates Court. I think he would be well advised to allow you to help him write.