Excel Civil Enforcement - TV Licence

poppasmurf_bewdley

One of the interesting things about watching these bailiff and high sheriff programmes on TV is how, when they start to remove possessions from people claiming to have no money, the money soon starts appearing once the goods start being taken away.

I have the feeling that's what will happen here.

greensalad

Now, going back to finding a solution to your current problem, here is what I would do.

Get the financial details from Excel and say you need to make a payment.

Divide the payment by 12. So £50

Send the first payment to Excel. Either send a cheque (and make sure it doesn't bounce) or send it to them via BACS.

Send them a letter stating you need to pay by 12 monthly payments because you cannot afford to pay now. You've already sent the payment at this point.

This is what I did when SLC demanded £1600 off me out of the blue (and it WAS out of the blue, it wasn't that I just ignored a debt thinking it would go away). I couldn't afford it, and they wanted all my personal details before making a payment plan so I refused to give them and instead just started the process of getting a reasonable payment plan going. The key is that if you show willingness to repay and have already started the process for them it may be easier to them to just accept it. I just got a letter back stating it was set up and the next payment would be due on xth of the month.

It might not work, I was nowhere near court stage but they accepted it no quibbles. The key is to be reasonable. 12 months is a fairly reasonable repayment period.

Takingmytime

It's important to remember you asked for advice and, although understandably anticipated, you did not ask anyone for sympathy. Whether you like the tone or not, complete strangers are giving you the best advice they can offer based on the information you've given.

Of course you are distressed, but don't discount the content because you're offended by the context.

Whether they judge you or not, they're still trying to help you. Unfortunately you're going to have to realise there probably isn't a better option than those you've had. I can't imagine how upsetting it would be to be to go through this and certainly to have elderly parents and a young child exposed to it, but it remains that your best option is either:

1. Find the money for Monday (from what you've said, we can probably discount this)
2. Get it taken back to the courts and negotiate a payment plan. This is the option that you have to aim for and it means you can't avoid the baliffs Monday.

I'm sorry but I'd get my paperwork together if I were you, and make sure your parents/child weren't home if preferred/possible. You can declare your belongings and see if they'll take them, but despite all your efforts, you can't stop them coming.

view

OP I feel sorry you're in this position and I think the comments are a little harsh. Yes there is some good information in here however perhaps people could be a little bit gentler with new joiners. I can see from your posts you want to sort this out and how scary the bailiff visit must have been for you.

I can't really offer any advice (financial) however really hope this is all sorted out for you. I can imagine it would be very stressful.

We all have the benefit of learning through experiences and I'm sure you'll be very careful to not get into this or another similar situation again.

There are many others who have been in this and worse situations before and so all I can say is keep your head up and one day this will all be in the past.

Primrose82

The information you have been given in relation to statutory declarations is incorrect.
You need to call the court that imposed the original fine , explain the situation with the change of addresses and explain you knew nothing of the fine.
There is a time limit from the first time you became aware of the fine to do this.
It is important that the declaration is truthful or you will be subject to perjury issues.
If the Magistrates accept your declaration the original case is written off and the summons put to you again giving you the opportunity to plead and incur a fine based on your means.

dancingfairy

Have you read the fact sheet from national debtline?
I would call the fines officer and then follow up with an email to confirm.
It says in the national debtline website if the fines officer doesn't allow a payment plan you have 10 days to appeal.
I'd also get down to the court and swear the oath that you didn't receive the paperwork.
I'd also be trying to find a credit union or similar to lend me the money.
Any chance of a car boot this afternoon to try and raise some cash?
Df

luhrmann

it's unlikely they will enforce a prison sentence for this sum as they would lose money on that. but if you can't raise the money then it will be sent back to the courts. you'll have a better chance of appealing for a payment plan at the courts but know that it will seriously affect your credit score and you will incur a higher fine than the original £700.

bailiffs want their money and will use every non-illegal way to get the full amount asap. intimidation is how they work and while i know that would be distressing for your parents and child, that is unfortunately what they do. they're not breaking the law so they will continue to do so.

Primrose82

luhrmann wrote: »

it's unlikely they will enforce a prison sentence for this sum as they would lose money on that. but if you can't raise the money then it will be sent back to the courts. you'll have a better chance of appealing for a payment plan at the courts but know that it will seriously affect your credit score and you will incur a higher fine than the original £700.

These statements are totally incorrect, if it is returned to the finance department of the court then it will be the original fine which will be payable , it will not be over £700, and you will need to attend an enforcement court to prove your income and outgoings to determine a payment plan. As a general rule they will not accept an offer of payment that will take more than 12 months to pay in total. The issue you will have is getting excel to accept that you have no assets they can seize
This will have NO effect on your credit rating

Herbie21

pepperjack wrote: »

I did call the court, they were less than helpful. They would not deal with my case, despite knowing that I hadn't received any correspondence from them regarding this fine. They didn't have my current address (they do now though)

The court said my wife could go back to court and swear under oath that we had not received any correspondence about this fine but this would not stop the bailiffs from continuing to pursue us.

I am sorry for not responding sooner. In fact, the correct way in which to resolve this matter is to follow the advice given by the magistrate court !!!

From what you have written above, the court fine is not in your name but is in your wife's name. That would also explain the reason WHY the court would not discuss this case with you.

Given that you had moved house it would would seem that you wife had not received the summons. This is grounds for your wife to file a Statutory Declaration.

The court are WRONG when they say that such an application will not stop enforcement. In almost every case that I have come across, the court will make an appointment over the phone with your wife for her to go to the court. Normally the appointment is for about two weeks time. As long as your wife explains to the operator that a bailiff is enforcing the warrant the court will contact Excel to ask them to put the account of hold for a few weeks whilst the application is ongoing.

As I have said above, it would seem that the fine is your wife's. Therefore she has to call the court TODAY.

Please post back when she has done so.

It would be worth reading the following before she telephones the court:

http://bailiffadviceonline.co.uk/index/magistrate-court-fines/about-statutory-declarations?doing_wp_cron=1456909520.5751709938049316406250

Bailiff Advice Online