Help with bailiffs

fed.up_2-2 · 30 August 2007 at 6:40PM

For a few months now i have been getting threats from the bailiff. I get calls from them everyday telling me they will call round my house if i dont pay them the full amount of the debt.

I have tried to make arrangements with them to pay this debt in instalments but they were asking for a stupid amount of money each week, an amount that i could not afford to pay. They would not accept any payments lower than the amount they asked for and are now demanding the amount in full. I cannot afford to pay it in full.

I have sent them written proof of my income and outgoings but this makes no difference to them. They are now threatening to come to my house and take stuff out of my house. I am on a very low income so anything i have in my home i have had to save for or have been given as a gift, i dont really have anything that is worth anything. They told me that if i dont have enough goods in my home for them to take i will get arrested.

I am being left with no options, i do not have the means to pay the amount they were asking weekly and i cannot pay the amount in full either, i am completely stuck.

penguin83 · 30 August 2007 at 6:50PM

Firstly are you sure they are really bailiffs and not debt collectors. DCA's have been known to try some pretty underhand tactics.

Have you got a CCJ or unpaid magistrates fine/liability order?

There are very few things you can be sent to jail for but for non payment of fines and council tax you can. CCJ's you cant.

RAS · 30 August 2007 at 7:10PM

Hi

Starting points are look at the OFT Guidelines, which this lot are breaking royally. (Thanks Rog2)

It is against the OFT guidelines on Debt Collection, for a Debt Collection Agency to threaten action which they cannot take, make repeated phone call or refuse a reasonable offer.

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Secondly, what is the debt and who is sending the letters, making the threats? When did you last pay anything on the debt?

fed.up_2-2 · 30 August 2007 at 7:11PM

Yes this is a result of a fine due to no TV licence. I was without a licence for 5 days, i didnt have the money to renew my licence for a few days until i got paid, but they caught me.

There was a missunderstanding with the fine payments which lead to it being passed onto Philips. I did contact the fines officer in my local magistrates court about it, the mistake was on their part but because the account had been passed onto philips there was nothing they could do.

Philips would not accept any payments other than the amount they asked for, and because i couldnt pay the amount they asked for each week they now want the full amount.

I get recorded calls everyday from them telling me that if i dont contact them they will pass my account onto their bailiffs. When i do call them they tell me the same thing over and over again, that they have to have the full amount or they will be sending someone out to sieze my goods.

RAS · 30 August 2007 at 7:28PM

Hi again

Can you edit on your first post , click advanced and put "non payment of fines -urgent" in the title.

Also can you ring CAb in the morning, or find a solicitor who will offer a free first half hour and see them. You need a bit of muscle to help you.

fed.up_2-2 · 30 August 2007 at 8:32PM

I have been to the CAB, they told me they dont deal with these kind of things. They told me to go and see the fines officer in the court and they gave me a number to some other company (i cant remember the name) who also told me that they cant do anything unless it goes back to court.

Like i said, i have already been back to the Fines officer in the magistrates court and he told me that it no longer has anything to do with the court, so their was nothing the courts could do either, even though they were in fault to start with.

When i was given the fine i sent for the payment card and was sending payments, i then got a cheque off them and a letter asking me why i was sending the money to them as they could not find any files stating that i owed the courts anything. I got back to them about it but by the time they sorted it out the account had already been passed on to Philips, with extra charges.

I would put non payment of fine, but the fine was being paid.

RAS · 30 August 2007 at 8:51PM

Hi

You need legal advice.

It does not matter at the moment whether you paid or tried to pay the money, what matters is that you have been referred to the bailiffs for non-payment of fines.

People here are not qualified to help you, but some may have the number of the people you were asked to phone by the court.

There are very few things you can be sent to jail for but for non payment of fines and council tax you can.

How are the kids going to cope if you do not get the advioce you need NOW?

penguin83 · 30 August 2007 at 9:03PM

I agree with RAS to get some proper advice. I really dont know enough about magistrate fines to feel confident advising you. If we get any queries regarding legal advice at the courts we direct them to Community Legal Service Direct who can give free legal advice on a range of issues. We have had excellent feedback from court users for them. You can find them at the link below x

http://www.clsdirect.org.uk/index.jsp

fed.up_2-2 · 31 August 2007 at 12:15AM

I have been trying to get advice, thats why im asking on here, im sure someone on here may have had a simular situation. I have been to the CAB, i have spoken to the fines officer in the courts, i called the National Debtline who gave me an information pack, i put together a budget sheet and sent it to them. I have done almost everything i can think of.

The only thing i can hope is that it gets taken back to court, this way the courts will notice that its their fault it got this far in the first place, and hopefully they will see that i have been trying to make payment arrangments but they have not been accepted.

Anyways, thanks for your help, its much appreciated.

furndire · 31 August 2007 at 12:22AM

Try www.consumeractiongroup.co.uk. (the site is endorsed by Martin Lewis) They have a special forum on Debt collectors Baliffs etc., and I am sure that you will find they can really help, as many on there have been in your position.
I hope everything works out for you

madmoney_2 · 31 August 2007 at 12:39AM

i agree with herbie although personally i wouldnt be answering the door to them, keep all you windows shut aswell coz once theyre in theres no getting rid of them

Help with bailiffs

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