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  • FIRST POST
    • fiona1125
    • By fiona1125 11th Jul 18, 11:53 AM
    • 31Posts
    • 205Thanks
    fiona1125
    Bailiff Visit - took all my money!
    • #1
    • 11th Jul 18, 11:53 AM
    Bailiff Visit - took all my money! 11th Jul 18 at 11:53 AM
    Hello all,

    I am hoping for some advice.

    We have had a really tough few years be my partner was decalared bankrupt last money, not something he wanted to do at all but in the end had no choice.

    We passed over all the debts and one of the debts was an unpaid speeding fine of £811 (long story), the insolvency company didnít mention that this wouldnít be included so we assumed Avery thing was fine.

    My partner was out on Saturday sorting a family situation and I get a knock at the door, my heart sunk as I thought it was the police as they were dressed that way. He asked for my partner and I paniked thinking he was being arrested, I said he wasnít here and asked if he was being arrested and got all emotional. He shrugged and said you need to get him on the phone immediately, he put his foot in the door and I ran to get the phone and told my 3 kids to my really good. I rang my partner and told him the police were here, they said no we are enforcement from Collectica!

    My partner got really stressed as he has been suffering with all the bankruptcy situation and didnít know what to say, I asked for permission to speak to them and they was okay.

    I explained that he had been declared bankrupt and I sent an email to them explaining this, they said they had no email and this type of debt was not included in bankruptcy. I explained that were not told that and said if we had known I would have arranged a payment plan for him. They said they needed the full debt of now £1,100 or they would take goods. I explained that the items remaining were mine as everything had been declared. They said I needed to pay the full amount, I explained several times I had just been paid the money I had in my account was to pay my mortgage and bills. I begged and pleaded for them to set up a payment plan and they would not, they needed the full amount only. They said they were the highest of the high and the stage for a payment plan had passed. After crying and begging and the kids screaming around I had no choice but to use the money for my mortgage and bills to pay them as they would not leave.

    The payment didnít go through as my bank blocked it and was waiting for a text. While I was waiting I checked my email to see if the bank notification had gone there and there was an email from collectica the evening before saying I needed to collect the office to arrange payment and there were several ways to pay. I showed them this email and said there must be a way to set up a payment plan as I had an email with options to pay. He said no he needed full payment, I asked him not to try the payment again as let me ring the office and he said no, he is taking payment now and then he did it.

    I explained that he has taken everything from me, I canít pay my mortgage, council tax and can barely live. He did to ring the office if I have a problem but not sure what good that would do.

    My question is, could they have set up a payment plan?
Page 1
  • National Debtline
    • #2
    • 11th Jul 18, 12:15 PM
    • #2
    • 11th Jul 18, 12:15 PM
    Hi Fiona1125,


    I am sorry to hear that this situation was so distressing for you. The speeding offence would've gone through the magistrates court, and that is why it is excluded from the bankruptcy. Unfortunately, because the bailiffs were instructed the fine would also increase through their fees (a £75 compliance fee and a £235 enforcement fee) meaning that the fine would rise to £1121.


    Payment plans are done at the bailiffs discretion and when the pressure is on with them at the door it can be very hard. The bailiff for a court fine does reserve the right to force entry but that shouldn't be physical force (i.e. putting his foot in the door), it is the right to use a lock smith - and that is very rarely used. I appreciate that you are now in a difficult financial situation for the remainder of this month, and you will need to ask your mortgage lender for perhaps a one month payment break, and something similar with the council.

    With regard the bailiffs behaviour you can raise a complaint with the bailiff office about the way this was handled and how much he demanded you pay. According to the National Standard of Enforcement Agents "debtors must not be pressed to make unrealistic offers and should be asked to consider carefully any offer they voluntarily make and where possible refer to free debt advice" and "enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress and speak appropriately and act with discretion and fairness".


    Your complaint would need to go to the bailiff office and outline how you want the matter resolved. You can ask for a refund of some of the payment, but I am sorry to say that is quite unlikely. If they fail to resolve it to your satisfaction then you could escalate the matter to their trade association - CIVEA. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sourcrates
    • By sourcrates 11th Jul 18, 12:18 PM
    • 15,751 Posts
    • 14,808 Thanks
    sourcrates
    • #3
    • 11th Jul 18, 12:18 PM
    • #3
    • 11th Jul 18, 12:18 PM
    I know bayliffs can be intimidating and exaggerate their powers somewhat, but you shouldn't of paid them and left yourself with nothing.

    They always want payment in full, but a payment plan should of been perfectly possible.

    Alas once youve paid i doubt you will see that money again
    Last edited by sourcrates; 11-07-2018 at 12:21 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • bertiewhite
    • By bertiewhite 11th Jul 18, 12:50 PM
    • 1,354 Posts
    • 1,543 Thanks
    bertiewhite
    • #4
    • 11th Jul 18, 12:50 PM
    • #4
    • 11th Jul 18, 12:50 PM
    They said they were the highest of the high and the stage for a payment plan had passed.
    Originally posted by fiona1125
    Had you received correspondence from them prior to this?
    • fiona1125
    • By fiona1125 11th Jul 18, 1:32 PM
    • 31 Posts
    • 205 Thanks
    fiona1125
    • #5
    • 11th Jul 18, 1:32 PM
    • #5
    • 11th Jul 18, 1:32 PM
    My partner received a letter in the post to say the fine needs to be paid and I responded by email to say that he was declared bankrupt and the debt should be wiped off, obviously at that time I didn!!!8217;t realise it was included at the time. I could not get through on the phone, I was permanently on hold.
    I offered them half of the money on the door and the other half to be paid the following month.

    This would have left me short with my bills and living expenses but would have allowed me to pay my mortgage.

    I have contacted the mortgage company who have advised that as we are on an interest only mortgage they are no payment breaks and we need to find the money.

    I know these companies have targets and this guy and his buddy must have been please to add another collection to the board but being vulnerable, having 3 kids wondering around and being in Hester is I can!!!8217;t understand why he could not have split it over two payments.

    I was going to write to the court but assumed I would most likely be laughed at. I am just going to have to take it on the chin and accept we now have months of catching up to do.

    Thanks for your answers everyone
    • sourcrates
    • By sourcrates 11th Jul 18, 1:51 PM
    • 15,751 Posts
    • 14,808 Thanks
    sourcrates
    • #6
    • 11th Jul 18, 1:51 PM
    • #6
    • 11th Jul 18, 1:51 PM
    A written compliant to the bayliffs head office saying you were pressured into paying and as a result cannot now pay your mortgage wouldn't hurt your situation.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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