URGENT: Bailiff / Warrant
30 May 2006, 12:43 PM
#1
URGENT: Bailiff / Warrant
Hi,
have a dispute with the local council over parking tickets and they've sent round the bailiff. As the matter has been dragging on the bailiff has informed me that they've also got a warrant to legally enter my parent's house as this is where the car is registered.
Is there a way I can stop this warrant? I know there is a form you can fill in at the local county court where you can put your income and expenditure so the claimant is forced to take these into account and it basically temporarily halts the warrant and they come back to you with acceptance and a lower monthly repayment.
The thing is that the council employ private bailiffs but surely the warrant for entry must've been given by a county court (Bailiff reckons so and it's from Northampton).
ANy help appreciated as it's stressing me out !!
have a dispute with the local council over parking tickets and they've sent round the bailiff. As the matter has been dragging on the bailiff has informed me that they've also got a warrant to legally enter my parent's house as this is where the car is registered.
Is there a way I can stop this warrant? I know there is a form you can fill in at the local county court where you can put your income and expenditure so the claimant is forced to take these into account and it basically temporarily halts the warrant and they come back to you with acceptance and a lower monthly repayment.
The thing is that the council employ private bailiffs but surely the warrant for entry must've been given by a county court (Bailiff reckons so and it's from Northampton).
ANy help appreciated as it's stressing me out !!
30 May 2006, 12:54 PM
#2
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Whilst I am sure they can enter your parents house
They can't take any of your parents property if the car is registered in your name
If the Baliff has been instructed it sounds like the dispute has gone beyond dispute IMHO
Have you appealed against them or do you just intend not to pay
Phil
They can't take any of your parents property if the car is registered in your name
If the Baliff has been instructed it sounds like the dispute has gone beyond dispute IMHO
Have you appealed against them or do you just intend not to pay
Phil
30 May 2006, 12:56 PM
#3
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I did far too much nose thumbing when I was younger. I'm older and apparently wiser now so the best advice I can give you is pay the parking fine and either fight them from a position of strength or move on. You couldn't beat the system when I was younger and you definitely can't now. I know it's probably not want you want to hear but I think it's good advice.
30 May 2006, 01:04 PM
#5
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Don't panic! they are putting the frightners on you about your mothers house as they are dealing with a non-payment by yourself, the registered keeper of the vehicle, not your old registered address!
It's the same as if I moved house and never notified the DVLA of the change, it doesn't mean the bailiffs can enter my old house and demand payment of the new homeowner!
If they call at your mothers home and she tells them you no longer reside there, that's it game over for them, they can't enter or take anything.
But you should speak to the bailiff as soon as possible and work out how you are going to clear this debt off, as the longer you leave it the more stressful and expensive this will become
Liam
It's the same as if I moved house and never notified the DVLA of the change, it doesn't mean the bailiffs can enter my old house and demand payment of the new homeowner!
If they call at your mothers home and she tells them you no longer reside there, that's it game over for them, they can't enter or take anything.
But you should speak to the bailiff as soon as possible and work out how you are going to clear this debt off, as the longer you leave it the more stressful and expensive this will become
Liam
30 May 2006, 01:20 PM
#7
Hi Guys,
ok - I've moved a few doors down but the car is registered in my name on my parent's address as I've only been there for about 3 months. Bailiff has said they've got a warrant for my parent's address as the car is registered there?
I do intend to pay but it's just beyond my means to hand over that amount of cash in one go - I'm happy to enter a payment arrangement which they will not.
Ii'm lost !
ok - I've moved a few doors down but the car is registered in my name on my parent's address as I've only been there for about 3 months. Bailiff has said they've got a warrant for my parent's address as the car is registered there?
I do intend to pay but it's just beyond my means to hand over that amount of cash in one go - I'm happy to enter a payment arrangement which they will not.
Ii'm lost !
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30 May 2006, 01:30 PM
#8
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Ah that's a different story, if you're happy to pay, approach the council and tell them that you want to make arrangements to pay but can't afford the full amount in one go. If the bailiffs are a private company, don't speak to them, not all but most won't want you to offer a fiver a week so will do anything to discourage this, including telling you a pack of lies. Speak to the council and make sure you speak with someone in authority, even better, go down there and see the person in charge face-to-face and explain the situation. If they still don't want to know, you'd be in a very strong position should this go back into court.
30 May 2006, 01:33 PM
#9
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If they are advised that you do not live at that address they should make 3 attempts to prove you do (i.e. calling at different times) they will sent the warrant back as a gone away.
Property can only be removed once a walk in warrant has been completed whereby ownership of goods is proven to be that of the person to who the warrant is specifically named
AND
Then subject to you failing to pay as per any agreement made at the time of the walk in warrant goods can be removed to the value of.
Unfortunately the value is determined by the bailiffs at their discretion. I.e. telly £25 etc etc not market value.
They cannot say ‘give us the cash or we are taking your settee’ …. If they do just call the dibble. Better if you connect to the police as you are shoving the bailiff out of your door.
You also have to invite them into the property to perform the walk in warrant.
Rule of thumb is if you are unhappy with the actions of the bailiff then call the police. Most of the people claiming to be bailiffs are just commissioned thugs.
The correct bailiffs are warrant officers for the lord chief justice department.
If you are in the wrong pay it !! and quickly, each time they come to your house you will incur charges and interest.
This will not disappear it will just grow and grow and grow
Property can only be removed once a walk in warrant has been completed whereby ownership of goods is proven to be that of the person to who the warrant is specifically named
AND
Then subject to you failing to pay as per any agreement made at the time of the walk in warrant goods can be removed to the value of.
Unfortunately the value is determined by the bailiffs at their discretion. I.e. telly £25 etc etc not market value.
They cannot say ‘give us the cash or we are taking your settee’ …. If they do just call the dibble. Better if you connect to the police as you are shoving the bailiff out of your door.
You also have to invite them into the property to perform the walk in warrant.
Rule of thumb is if you are unhappy with the actions of the bailiff then call the police. Most of the people claiming to be bailiffs are just commissioned thugs.
The correct bailiffs are warrant officers for the lord chief justice department.
If you are in the wrong pay it !! and quickly, each time they come to your house you will incur charges and interest.
This will not disappear it will just grow and grow and grow
30 May 2006, 02:18 PM
#10
Thanks for all the help guys!!
Have already written to the council and told them about mitigating circumstances (bereavement, lack of steady income etc etc) and they've said no can do basically. Have tried calling them but the head of parking is out till tomorrow so will write a secondary letter and also try and get to see him tomorrow.
No walking-posession agreement has been made. The bailiff seemed adamant they could gain entry into my parents property as he had a walk-in warrant from the county court. Have tried to reason with him but they're not having any of it either.
I've agreed to pay, just not in one go but they're being complete ***** !
If I call the police it'll cause a scene - something I want to avoid. Especially if they turn up and say that his warrant is enforceable and we do have to allow entry. IF they do get entry I've been told it's up to me to prove that I don't own something in particular, not for them to prove it's mine.
Keep the help and advice coming guys
Have already written to the council and told them about mitigating circumstances (bereavement, lack of steady income etc etc) and they've said no can do basically. Have tried calling them but the head of parking is out till tomorrow so will write a secondary letter and also try and get to see him tomorrow.
No walking-posession agreement has been made. The bailiff seemed adamant they could gain entry into my parents property as he had a walk-in warrant from the county court. Have tried to reason with him but they're not having any of it either.
I've agreed to pay, just not in one go but they're being complete ***** !
If I call the police it'll cause a scene - something I want to avoid. Especially if they turn up and say that his warrant is enforceable and we do have to allow entry. IF they do get entry I've been told it's up to me to prove that I don't own something in particular, not for them to prove it's mine.
Keep the help and advice coming guys
30 May 2006, 02:39 PM
#11
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Didn’t realise that this had already gone to court. You are a long way down the road then.
You do not really have any mitigating circumstances if it is this far on !
So you have a CCJ against the property now as well !!
Have you agreed to a payment plan?, if so stick to it. You miss one and yep they will be back with more charges!!
Have you been asked to complete a statement of means? if you have do so if you don’t you will go to prison for 14 days (seen this loads of times)
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''
You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.
Once gaining entry to your home, a bailiff will usually try to find and seize any goods of value belonging to the person who owes the debt or who is named on the warrant.
Once in the house the bailiff has the right to go into all rooms and can break open any locked door or cupboard inside your house. If the bailiff gains peaceful entry s/he has the right to call again and enter even without your permission, i.e. s/he can break in and remove your goods.
Any attempt to remove a bailiff from your property once they have gained peaceful entry is assault and you could be taken to court for it.
Once in the house, a bailiff will attempt to seize your goods in order to sell them off at public auction to raise money to pay the debt that you owe. The bailiff will make clear an intention to seize various items, either verbally, or by attaching a mark to them, or by touching them. This is sometimes called levying distress or distraining upon goods.
Once the bailiff has seized goods, they have a number of options. They can either remove items they have seized immediately from the property to be stored and eventually sold at public auction. Alternatively, they can leave someone on the premises to guard the items that have been seized or, in the case of bailiffs collecting rent, secure items that have been seized in your home. These last two options are very rarely used.
The most likely outcome is that the bailiff will ask you to sign a 'walking possession agreement'.
A walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.
In order for a walking possession order to be valid, a bailiff should have gained peaceful entry to the property and seized the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. You should never sign a walking possession order in these circumstances. There is a daily charge for a walking possession order that you must pay, on top of the original debt you owe if they are sold. Remember that goods will be sold at public auction and typically will sell for about 10% of their original value. This means that if you owe £50, a bailiff will probably try to seize goods to the value of at least £500.
A bailiff must only seize goods that belong to the person who owes the money, although any goods in the house can be seized for distress or rent. In practice, many bailiffs will attempt to seize any goods of value at a house they visit - it will be up to the individual to prove ownership afterwards. If you have receipts showing someone else bought the goods then you should show the bailiff these.
You do not really have any mitigating circumstances if it is this far on !
So you have a CCJ against the property now as well !!
Have you agreed to a payment plan?, if so stick to it. You miss one and yep they will be back with more charges!!
Have you been asked to complete a statement of means? if you have do so if you don’t you will go to prison for 14 days (seen this loads of times)
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''
You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.
Once gaining entry to your home, a bailiff will usually try to find and seize any goods of value belonging to the person who owes the debt or who is named on the warrant.
Once in the house the bailiff has the right to go into all rooms and can break open any locked door or cupboard inside your house. If the bailiff gains peaceful entry s/he has the right to call again and enter even without your permission, i.e. s/he can break in and remove your goods.
Any attempt to remove a bailiff from your property once they have gained peaceful entry is assault and you could be taken to court for it.
Once in the house, a bailiff will attempt to seize your goods in order to sell them off at public auction to raise money to pay the debt that you owe. The bailiff will make clear an intention to seize various items, either verbally, or by attaching a mark to them, or by touching them. This is sometimes called levying distress or distraining upon goods.
Once the bailiff has seized goods, they have a number of options. They can either remove items they have seized immediately from the property to be stored and eventually sold at public auction. Alternatively, they can leave someone on the premises to guard the items that have been seized or, in the case of bailiffs collecting rent, secure items that have been seized in your home. These last two options are very rarely used.
The most likely outcome is that the bailiff will ask you to sign a 'walking possession agreement'.
A walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.
In order for a walking possession order to be valid, a bailiff should have gained peaceful entry to the property and seized the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. You should never sign a walking possession order in these circumstances. There is a daily charge for a walking possession order that you must pay, on top of the original debt you owe if they are sold. Remember that goods will be sold at public auction and typically will sell for about 10% of their original value. This means that if you owe £50, a bailiff will probably try to seize goods to the value of at least £500.
A bailiff must only seize goods that belong to the person who owes the money, although any goods in the house can be seized for distress or rent. In practice, many bailiffs will attempt to seize any goods of value at a house they visit - it will be up to the individual to prove ownership afterwards. If you have receipts showing someone else bought the goods then you should show the bailiff these.
Last edited by tmo; 30 May 2006 at 02:41 PM.
30 May 2006, 02:59 PM
#13
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Court date letter then judgment letter.
If court proceedings against you have taken place and you were found against then you and the property will have a county court judgment set against you / it.
If court proceedings against you have taken place and you were found against then you and the property will have a county court judgment set against you / it.
Last edited by tmo; 30 May 2006 at 03:04 PM.
30 May 2006, 03:03 PM
#14
NO court proceedings have taken place apart from an appeal made before a county court judge which did not result in anything apart form a rejection of my appeal. Hence the reason why the council have decided to pursue the matter.
After this I sent a letter to the head of parking and he's the one who said no can do and now we're at this stage.
Sorry for the confusion
After this I sent a letter to the head of parking and he's the one who said no can do and now we're at this stage.
Sorry for the confusion
30 May 2006, 03:12 PM
#16
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too far down the road !
No worries can I ask the level of debt ?
Theoretically if you agree to pay £1 per week and stick to it this will keep you out of jail ( )and you get to keep your own possessions. Its just getting the bailiff to agree this as if private he is paid commission on the total once the debt is cleared.
No worries can I ask the level of debt ?
Theoretically if you agree to pay £1 per week and stick to it this will keep you out of jail (
)and you get to keep your own possessions. Its just getting the bailiff to agree this as if private he is paid commission on the total once the debt is cleared.
30 May 2006, 03:16 PM
#17
The debt is £5k - they want £1600 tomorrow !!! I'm still going to contest these trumped up charges as I believe they were al issued wrongly as I had a disabled passenger and badge on display!! What counted against me was the fact that I didn't know the procedure for appeals and as a result didn't get to lodge my paperwork in time.
At the moment though I just want to get these idiots off my back and come to a payment arragement whilst I go thru the legal channels. At least then I haven't got to keep looking over my back.
They are private bailiffs employed by the coucil and are certified and I'd be quite happy for them to pass it to a court - at least then I can have my say and arrange something but these tw@ts claim they've got a warrant to come in the house and seize goods?
At the moment though I just want to get these idiots off my back and come to a payment arragement whilst I go thru the legal channels. At least then I haven't got to keep looking over my back.
They are private bailiffs employed by the coucil and are certified and I'd be quite happy for them to pass it to a court - at least then I can have my say and arrange something but these tw@ts claim they've got a warrant to come in the house and seize goods?
30 May 2006, 03:23 PM
#18
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no disrespect as i dont know the full story, but how do you get to 5K worth of parking fines???
can a relative help you out??
good luck
Dazza
can a relative help you out??
good luck
Dazza
30 May 2006, 03:23 PM
#19
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have a look here http://www.insolvencyhelpline.co.uk/...-guide.htm#bg7
Make a reasonable payment plan proposal, like you say keep up the payments whilst clarifying the situation.
unless they are the inland revenue they are not coming in not unless you invite them in or leave your doors unlocked !!!
The Bailiff cannot force entry into a domestic property. The bailiff can walk through an open door, an unlocked door, or go through an open window. But the Bailiff can force entry and seize goods if a debtor defaults on a Walking Possession Agreement . A Walking Possession Agreement can only be made after peaceful entry.
Hope this helps
Make a reasonable payment plan proposal, like you say keep up the payments whilst clarifying the situation.
unless they are the inland revenue they are not coming in not unless you invite them in or leave your doors unlocked !!!
The Bailiff cannot force entry into a domestic property. The bailiff can walk through an open door, an unlocked door, or go through an open window. But the Bailiff can force entry and seize goods if a debtor defaults on a Walking Possession Agreement . A Walking Possession Agreement can only be made after peaceful entry.
Hope this helps
30 May 2006, 03:39 PM
#21
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Originally Posted by phil_stephens
I would talk to the CAB or a solicitor NOW
good advise although if already processed the required documents then it may be a tad too late !!!
...i speak from experiance
30 May 2006, 03:50 PM
#23
Each £30 fine tot's up to the best part of £550 once it goes down the collection process. As I was contesting they kept adding !! It's infuriating!
Can ask somebody but don't really want to go down that route - ideally want to come to an arrangement with them - have tried already but the guy didn't budge.
It's a job and a half trying to find a solicitor that deals with these matters and the CAB is always jam packed !!
Can ask somebody but don't really want to go down that route - ideally want to come to an arrangement with them - have tried already but the guy didn't budge.
It's a job and a half trying to find a solicitor that deals with these matters and the CAB is always jam packed !!
30 May 2006, 04:04 PM
#25
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This is absolutely appalling. The coucil is a bunch of bully boys. You say you are a disabled driver?. How dare they You need to get a solicitor, pronto
You need to get a solicitor, pronto
30 May 2006, 04:15 PM
#26
I'm not the disabled person but the driver - it's my brother who's handicapped and he was my passenger at the time of the offences.
I know it sounds paranoid but maybe somebody out there has a grudge against Scooby drivers as sometimes for no apparent reason I've been ticketed !!
If anybody knows of a solicitor who deals with these cases please let me know,
cheers
I know it sounds paranoid but maybe somebody out there has a grudge against Scooby drivers as sometimes for no apparent reason I've been ticketed !!
If anybody knows of a solicitor who deals with these cases please let me know,
cheers
30 May 2006, 04:39 PM
#28
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Call me cinical..
Sounds like you've been abusing your brothers disabled ticket, been caught and don't like it (ie, kid throwing toys about to see if that will help).
To rack up 5k in tickets is ridiculous. There's more to this story than your letting on
Your brother being with you on all the occasions......
Sounds like you've been abusing your brothers disabled ticket, been caught and don't like it (ie, kid throwing toys about to see if that will help).
To rack up 5k in tickets is ridiculous. There's more to this story than your letting on
Your brother being with you on all the occasions......
30 May 2006, 04:47 PM
#29
Hi Ben44 - tbh haven't abused my brother's ticket on these occasions altho I'll put my hand up to using it once or twice on the odd occasion when I know I shouldn't have. And I do mean once or twice ! I know what my lucks like and I can just see myself getting stung for a hefty fine for misuse so haven't taken the risk
There isn't much more to this story except for the fact that I didn't get my late declaration in on time and when I filed a late one they looked at the grounds (being out of the country, not knowing the procedure, delay in forms etc) they threw them out.
There isn't much more to this story except for the fact that I didn't get my late declaration in on time and when I filed a late one they looked at the grounds (being out of the country, not knowing the procedure, delay in forms etc) they threw them out.
30 May 2006, 04:55 PM
#30
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Fair enough. You defo need a solicitor then. People here will give you advice for free, but as its at this stage I would recommend real legal help asap.
I wouldn't delay in acting on this, it will be trouble to sort as it is, leaving it will only make it worse.
Its seems you know that though, Good luck
I wouldn't delay in acting on this, it will be trouble to sort as it is, leaving it will only make it worse.
Its seems you know that though, Good luck