Urgent advise needed! Bailiffs turned up last night.

meloncollie

I must apologise if this is the wrong place to post this, but I am sure debt free is wanted!

This thread is being written for a friend that's in panic.

Last night she had bailiffs turn up on her doorstep, saying they've gone through the courts and she has to pay £2k in a weeks time (so 6 days from now) Or they're getting a locksmith and entering the property.

She hasn't had any letters apart from the one they gave her when knocking on her door. (I know she wouldn't lie to me, she would have asked me for advise ages before had she received any letters) so I'm wondering if this can work in her favour?

They have also said she must pay in full, no payment plans allowed.

She has recently given birth and is jobless (Stay at home mum), her partner (Not married - Don't know if this info is needed?) brings in the sole income, that pays for bills, rent and food. Also most of the possessions in their house belongs to him, so are they able to take these?

The debt is over an unpaid T.V. licence a few years ago (She's unsure how long ago). She did admit to me on the phone that she couldn't afford it at one part when she was a single mum with her son, She can't remember if she watched T.v. or not then, but wouldn't they have to prove she did? Although I'm guessing this was covered in the courts.

But yeah, I'm looking for advise I can give her. How can she either pay in instalments or stop them from entering her property? She can't afford a solicitor so I'm asking here so advise for her.

Thank you in advance for any help given.

meloncollie

Small update - Looked on TV licencing website and they state their debt collectors are akinika Debt Recovery Limited. This is not the company that has contacted her so I've advised her to phone TV licencing directly and ask them if she is in debt to them.

poppasmurf_bewdley

If it's been to court, then it will be the court bailiff that's called. Nothing to do with TV Licencing.

If she doesn't own the stuff in the house, then they can't take it. But she must be prepared to prove that she doesn't.

If she hasn't got the money, then she can't pay. The bailiffs WILL accept a payment plan but it may have to go to the court to get it.

And remember, if your friend doesn't pay up, the final sanction for this is imprisonment.

FireWyrm

meloncollie wrote: »

Last night she had bailiffs turn up on her doorstep, saying they've gone through the courts and she has to pay £2k in a weeks time (so 6 days from now) Or they're getting a locksmith and entering the property.

Yeah, right. They could enter the property using a locksmith but in reality, that is extremely rare. The can however walk in through an open or unlocked door, so that should be a consideration from now on.

meloncollie wrote: »

She hasn't had any letters apart from the one they gave her when knocking on her door. (I know she wouldn't lie to me, she would have asked me for advise ages before had she received any letters) so I'm wondering if this can work in her favour?

Has she moved recently? Why wasnt she informed of the original court action which prompted this?

meloncollie wrote: »

They have also said she must pay in full, no payment plans allowed.

They usually say that. In reality she can only pay what she has available.

meloncollie wrote: »

She has recently given birth and is jobless (Stay at home mum), her partner (Not married - Don't know if this info is needed?) brings in the sole income, that pays for bills, rent and food. Also most of the possessions in their house belongs to him, so are they able to take these?

Then they cannot take anything even if they could gain entry since no goods belong to her.

meloncollie wrote: »

The debt is over an unpaid T.V. licence a few years ago (She's unsure how long ago). She did admit to me on the phone that she couldn't afford it at one part when she was a single mum with her son,

Was this at another address?

meloncollie wrote: »

She can't remember if she watched T.v. or not then, but wouldn't they have to prove she did? Although I'm guessing this was covered in the courts.

Irrelevant now, the fine exists.

meloncollie wrote: »

But yeah, I'm looking for advise I can give her. How can she either pay in instalments or stop them from entering her property?

She can refuse them entry. They *could* theoretically get a lock smith, but is is rarely the case and only if they think there is a reasonable chance of getting their hands on goods worth anything in order to cover the cost of the locksmith. From what you have said, this is likely to be more of a threat than a promise.

meloncollie wrote: »

She can't afford a solicitor so I'm asking here so advise for her.

www.legalbeagles.com have vast experience of this sort of thing and solicitors usually populate the forum nightly. This thread is of interest : http://www.legalbeagles.info/forums/showthread.php?32692-Marston-Group-threatening-Locksmiths

Also of interest : http://www.dealingwithbailiffs.co.uk/BailiffaThreatenLocksmiths.htm

meloncollie

The debt collection agency is Marston - Looks to be a government one so you both must be correct. My replies on the quote will be in red.

FireWyrm wrote: »

Yeah, right. They could enter the property using a locksmith but in reality, that is extremely rare. The can however walk in through an open or unlocked door, so that should be a consideration from now on.

Thank you, I shall let her know about this.

Has she moved recently? Why wasnt she informed of the original court action which prompted this?

She moved about a year so so ago, maybe longer. And I have no idea why she wasn't informed. Bailiffs turned up at her current address so there's no excuse for them to not have delivered letters at her current address


They usually say that. In reality she can only pay what she has available.

Thank you.

Then they cannot take anything even if they could gain entry since no goods belong to her.

I thought this was so, thank you for confirming it.

Was this at another address?

Yes

Irrelevant now, the fine exists.

Fair enough, thank you.

She can refuse them entry. They *could* theoretically get a lock smith, but is is rarely the case and only if they think there is a reasonable chance of getting their hands on goods worth anything in order to cover the cost of the locksmith. From what you have said, this is likely to be more of a threat than a promise.

Thanks. I shall let her know this.

www.legalbeagles.com have vast experience of this sort of thing and solicitors usually populate the forum nightly. This thread is of interest : http://www.legalbeagles.info/forums/showthread.php?32692-Marston-Group-threatening-Locksmiths

Also of interest : http://www.dealingwithbailiffs.co.uk/BailiffaThreatenLocksmiths.htm

Thank you very much for taking the time to reply and giving me the links. I will forward all this info on to her now. You've already given amazing advise that will help a lot.

National_Debtline

Hi meloncollie

Just one small point to add to FireWyrm's very comprehensive reply.

Do please make sure that your friend gets some kind of breakdown of the debt balance so that it is clear what has been added in the way of fees. I don't see any way that a fine of this nature could have swelled to £2K. The maximum penalty for a TV licence offence is £1K and in the vast majority of cases the fine actually handed down is far less than that.

All the best in helping your friend resolve this.

Dennis
@natdebtline

meloncollie

National_Debtline wrote: »

Hi meloncollie

Just one small point to add to FireWyrm's very comprehensive reply.

Do please make sure that your friend gets some kind of breakdown of the debt balance so that it is clear what has been added in the way of fees. I don't see any way that a fine of this nature could have swelled to £2K. The maximum penalty for a TV licence offence is £1K and in the vast majority of cases the fine actually handed down is far less than that.

All the best in helping your friend resolve this.

Dennis
@natdebtline

Thank you, I have sent your reply to her.

FireWyrm

National_Debtline wrote: »

Do please make sure that your friend gets some kind of breakdown of the debt balance so that it is clear what has been added in the way of fees. I don't see any way that a fine of this nature could have swelled to £2K. The maximum penalty for a TV licence offence is £1K and in the vast majority of cases the fine actually handed down is far less than that.

That did rather bother me too...£2K is a lot of money to suddenly find you 'owe' with no warning what-so-ever. Either this has been allowed to rumble on for some considerable time, or the bailiffs are inflating their fees illegally. Of course, we wont know for sure, but if melloncollie would come back with the breakdown, perhaps it would shed light on the subject.

kaya

What a load of cobblers , if you don't have the correct information to dish out why bother? Please tell me when bailiffs were granted the power to break and enter a property by any method when they haven't already been alowed entry to list goods for removal? This isn't a commercial debt or a commercial property and breaking and entering with no warrant is illegal, the bailiffs have been ordered to the property by the court to collect money, the court haven't given them permission to subvert the laws we abide by and commit a criminal offence, even the police need a warrant or reasonable suspicion. Tell your friend to not answer the door and keep windows and doors locked, after 3 or 4 attempts the bailiffs will have to return the debt to the court as "unsatisfied" because they have failed to do their job as instructed by the court and all and any bailiff costs will be removed. They aren't even called bailiffs anymore !!!!!! ! They are "enforcement officers" and will have a camera attached to their uniform so they have to behave, they should also have given 7 days notice of their intended visit before turning up. They will assume everything belongs to the person named on the writ until you prove otherwise, just keep the doors and windows locked, don't let em in and if you are worried speak to them from an upstairs window, they will have to go away if you haven't agreed or initiated a payment plan with them which will reduce the debt considerably by the time it gets back to the court, I think your friend isnt being very honest with you though as there is no way that they wouldn't have received notification from the court on several occasions prior to this action (unless maybe the debt was in a previous address) which begs the question of how the bailiffs have the correct address? Hope they get it all sorted out , feel free to record or "document" any interaction with them on a mobile phone, in fact I'm wondering if they were actually court enforcement officers or just a bunch of debt collecting wallys by the description as no names have been mentioned of the company they work for

FireWyrm

kaya wrote: »

What a load of cobblers , if you don't have the correct information to dish out why bother? Please tell me when bailiffs were granted the power to break and enter a property by any method when they haven't already been alowed entry to list goods for removal?

When they have a warrant to do so. This is a CRIMINAL fine. They DO have the right to enter using a locksmith but in practice, this is almost never implemented. LegalBeagles solicitors have stated that they have NEVER seen this done yet although the provision exists.

Relevant law here :

http://www.legislation.gov.uk/ukpga/2007/15/schedule/12

They also only have to serve notice to the last known address of the debtor which could have been ages ago.

[Deleted User]

meloncollie wrote: »

Or they're getting a locksmith and entering the property.

Unfortunately, as this is a court fine (rather than a consumer debt), they can indeed force entry, although such action would be a last resort.

Also most of the possessions in their house belongs to him, so are they able to take these?

No they can't, but it is up to her to establish they aren't hers.

To this end, I suggest she obtains a Statutory Declaration, ASAP.

One word of warning, though.

She must tell the truth on the Statutory Declaration, as lying on one is a very serious matter, akin to perjury.

Forget the bit on the TVL website.

The people she is dealing with now, are not TVL's DCA, but rather court bailiffs, acting for the Magistrate Court that convicted her.

BTW. Has she moved home, since her doorstep encounter with TVL?