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New to Site and Bailiffs

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  • New to Site and Bailiffs

    Hi,

    I just need some good information here. My husband got a fine that went to Warwickshire Magistrates court. It was for a speeding fine and apparently no information was given, only because we moved and didn't get the original documents telling us about the offense.
    So about a month ago we got a letter at this address stating they he needed to pay or else. Well he did call and arrange a payment plan to pay in installments with Collectica the collection agency handling the fine. The arrangement was that he would pay £70 a fortnight, as that's when he gets paid, but instead he made two payments of only £50 and within 3 days a bailiff was at our door. We had no prior notice that he would be turning up and it was a complete surprise to me. I am an American, so I know nothing about bailiffs or English law. I went outside and the man told me he was here to collect £955!!! (£745 as by the court, £75 added on and £235 for the bailiff to come out). He also said that if we didn't pay, he was going to take all of our belongings.
    He also said he would take my dogs, as I have 4 dogs. I didn't want to let him into the house, but he sweet talked my husband, saying we could come to an arrangement and so he did come inside. I never signed anything, nor did my husband, no control goods order was made and other than asking my first name, that is all I told him (naively). My husband did pay him £80 cash while he was here and he got my husband's debit card details saying he would take the £955 (notice the other £100 already paid, plus the £80 cash wasn't taken off) on Friday, the 5th September. My husband only just makes about that much per fortnight, so if they took the money, we would effectively have nothing to live on for another two weeks.

    Then yesterday my husband rang Warwickshire Magistrates court, as that's where the original fine started. At first they said they would recall the bailiff and he would only have to pay the original fine of £80, but that it would need to be transferred to our local magistrates court here in Doncaster. Then when my husband rang Doncaster, they said nothing could be done and that we'd have to deal with the bailiff and come to some arrangement with him. So my husband rang him and at first he wanted all the money as soon as he could get it, but my husband said he would pay some this payday, and then some the next, etc. Thing is, we've had nothing in writing from that bailiff, even when he was here. He didn't even give his name, we only got that when the husband went to CAB.

    Now here's the thing. I've been told to not deal with the bailiff, not to pay them and not to let them into the house. I have been told that he can only come 3 times to our house and he's been once. I have been told he cannot force entry into the house, nor can he take my dogs or my fish tanks as he said he could.
    I have been told that if we keep refusing to talk to him or deal with him, he will revert the debt back to Warwickshire and it gets dealt with all over again.
    We have a car, but it's not really worth much, so if they take that, I am not that bothered to be honest. I just don't want them to break in and take our stuff. And that's another thing, I've been told that even though we are married, they cannot take all of my things, but mainly that which is my husband's.

    I just want some clear answers because CAB have told us conflicting information and I am just as confused as I was before. I suffer with anxiety and am trying to get an appointment with my doctor to tell her what's going on.

    Are we screwed because we paid this bailiff in cash? I seen the transaction so I know the bailiff accepted £80 from us last Tuesday, 26th August. I think the £180 that's been paid should come off the entire debt ..... but how can I prove that?

    Can someone please help, I am really freaking out. This bailiff expects my husband to ring him on Friday and to meet him with the cash to pay part of this debt. But I don't trust this bailiff seeing how he's said things that blatantly weren't true and we never got any paperwork from him whatsoever.

    Most appreciative for any help anyone can provide. The agency is Collectica out of Doncaster and the bailiff is someone called Shane Woolles, or Woollers?

    Thanks in advance.
    Tags: None

  • #2
    Re: New to Site and Bailiffs

    firstly, you need to check if the guy is actually registered - http://certificatedbailiffs.justice....catedBailiffs/

    secondly, you need to contact Collectica by email - http://www.collectica.co.uk/contact-us/ - requesting they have a word with their employee.

    The bailiff CANNOT take your pets, your clothes etc....

    They should agree to an affordable repayment plan (but you need to ensure you stick to it)

    Don't worry, I am sure you will get lots of advice from people on here

    Kati x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: New to Site and Bailiffs

      Also, try to keep all communication in writing, then you have a 'fall back' if you need to find proof of something :tinysmile_twink_t2:
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: New to Site and Bailiffs

        Have a look through these (to give you an idea of the regulations)
        Attached Files
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: New to Site and Bailiffs

          and this :tinysmile_grin_t:
          Attached Files
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: New to Site and Bailiffs

            We have written to them, and we have emailed them .... they will only (just barely) speak on telephone, but nothing in writing and have even denied we have written to them.

            Comment


            • #7
              Re: New to Site and Bailiffs

              Mainly at this point, I want to know if we don't pay this bailiff on Friday, what can happen? I mean, he's not applying the £80 cash given to him on the 26th, so what is stopping him from denying any other cash payments we make?

              Comment


              • #8
                Re: New to Site and Bailiffs

                send every letter recorded/signed for (costs less than £2) - means you get proof of postage/receipt.

                your sent email folder might have copies of your emails to them that you can use as proof of contact :tinysmile_twink_t2:

                If you have nothing in writing, they could deny anything they want to (and you will have no proof that they have said it). Do not phone bailiffs/EAs unless you can get acknowledgement in writing (or record it). Texts (if you save both sent and received) could also be classed as proof, but letters/emails are always better in my opinion.

                x
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: New to Site and Bailiffs

                  When fined did your husband attend Court or admit the offence by post?
                  In either case was he means tested as to his ability to pay?
                  How much was the original fine?
                  Was he ordered to pay any costs?

                  Comment


                  • #10
                    Re: New to Site and Bailiffs

                    We didn't get the original offense, which would have been £80, as it was sent to the other address, husband didn't get it changed quickly enough .... so by the time it got to our address here, it was already to the £745 stage. he has not been to court at all, only been dealing with Collectica

                    Comment


                    • #11
                      Re: New to Site and Bailiffs

                      If that is the case he should be applying to the original Court to swear a Statutory Declaration to the effect he knew nothing of the fine until the Bailiffs turned up at your new address. This is supposed to be done within 21 days of him being aware of the matter so he may need to argue the point of not knowing. If the original Court is some way away then arrangements should be made to do this at a Court nearer to where you live. When speaking to the original Court you need the Court Manager or Fines Officer - don't be put off by whoever answers the phone.

                      Collectica knew very well they had been chasing a shadow at an old address & should have notified the Court about all of this whereby the summons could have been re-issued. If you need Court phone numbers let me know & I'll dig them out for you.

                      Comment


                      • #12
                        Re: New to Site and Bailiffs

                        yeah but in all honesty, he did get a paper saying this was all going to happen, and he ignored it at first, then he phoned Collectica and made payment arrangements, it's only when he paid £50 instead of £70 that the bailiff got sent out. When he rang Warwickshire yesterday, they were adamant we had to deal with bailiff

                        Comment


                        • #13
                          Re: New to Site and Bailiffs

                          Soory but I am confused now. You say he knew nothing about and now he did. The other question that needs answering is how an £80 fine has got to nearly £1k.

                          Comment


                          • #14
                            Re: New to Site and Bailiffs

                            He knew nothing about the original fine as it was sent to another address, it was only when he changed his address on his license that we started getting letters from collection agency. And I have no idea how it got that high ....

                            Comment


                            • #15
                              Re: New to Site and Bailiffs

                              Just bumping your thread up to see if anyone else has any advice :tinysmile_twink_t2:

                              You DO need to get a breakdown of the fees from Collectica to see how an £80 fine ends up at almost £1k tho .......
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment

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