my brother didnt pay an old parking ticket from when he was in collage

well they turned up this morning requesting the money he said he hasent the money to pay so they said they would take the car (not the car he got the ticket on)

this car is on finance in his step dads name can they take the car ?

 

is it his car?
doesn't matter who's name is on the v5c by the way, the name on the v5c may not be the legal owner..
why can't he just pay up??
surely if he can afford to put fuel in the car he can pay a fine that he SHOULD pay?

steve

 

They can't take stuff that does not belong to him.

How much is the fine?

 

Technically the car is the property of the finance company so I don't think the bailifs can take it (wouldn't want to stake anything important on that though). However he needs to sort it and should make an arrangement to pay the debt with the bailiffs as failure to do so will only incurr further charges and costs.

Really should have paid the parking fine as I bet it's gone from £40 to several hundred pounds

 

No, they can't take it unless you own it. And anyway, you can refuse them entry and they can't touch anything without your permission. Only when they come back with the rozzers can they do whatever they like

 

its bit of a joke really started as a £15 fine that got forgot bout. i think the bloke says is £275 as of this morning

v5 is in the name of the girl of used to own it as far as i know

hes just started a new job this week so has to wait a fornight till payday

dads just panicing that the cars on finance in his name

 

So get you (or your dad) to pay them and get them out of the way.

Then when your brother get his paycheck, pay it back to you/your dad.

Sorted. How hard can this be?

 

not very mate if you fuck up does ur dad or brother pick up behind you cos mine dont and why should i hold his hand

i just wanted to reassure my dad they can or cant take the car and my dad proably will pickup behind him but he aint telling me that

 

are they proper bailiffs?
if so, have a word with the company that have sent them explaining that the fine will be paid within a set time period but he has nothing that he own's on the property so they can't actually take anything (but in a polite way)

they may understand, they may not, but either wya, pay the fine sooner rather than later

 

Why isn't the V5 in his step fathers name? That's an offence on its own

 

So they send a few heavies round and he should pay up. No chance. Pay them nothing. I have numerous unpaid fines now and I am never going to pay them. As a matter of fact the last time they baliffs came round I asked him was he here to check the Meter to which he said he was and I said 'Hmmmm, NA' and shut the door.

The police will never come unless one of the parties become violent as it is a civil matter. So in reality they can do fuck all without your permission. If the car is in your dads name they cannot take it. I urge you not to pay them. Offer them the original fine, if you must and a cup of tea for there troubles and fuck all else.

They wanted to come in my house, I told them it belonged to my mum and she owned everything in it. They asked to speak with her and I said she was cooking herself a pot noodle which would take her 5 hours. Then he became more angry and I recommended him anger management lessons. He said lots of things to try and scare me. Ignore it all.

They're living on an empty threat, as far as I'm concerned and can fuck right off.

Benni.

 

It's really all depending on who the client is.

If it's a parking ticket, it would be from the council, yes?

If so, as far as I know, they DO chase people and if they had no luck, they will take you to court. That's why I suggested paying it to get them out of the way, otherwise the fee will increase and will be even worse if you lose in the court if you do decide to fight for it!

 

The council sell their debts on to a Bailiff company. So now they have there money and it's nothing to do with them. I went to inquire about paying my fine, and nothing else to the council and was told it had been sold on. They sell them in bulk. Ask the Bailiff what the fine is for and there's a good chance he won't even know. They earn there money from piling on there own charges. They will lie and tell you a load of crap. Ignore it.

I told one bailiff I had sold my debt on to a friend, just like the council and now it has nothing to do with me. He was not happy.

Benni.

 

what are the fines for? and why didnt you pay them in the first place?

 

The first one was a parking fine for parking in a disabled slot. I am disabled. I had my badge displayed correctly. I could of probably sent them a copy of my badge and cleared it. However, I refuse to explain myself to anyone.

Not to mention I don't have many friends so when a bailiffs comes I get someone to talk to.

Benni.

 

If he doesnt pay, every time they come and visit, that will increase the amount he owes, as its the person who owes the money that gets lumbered with the bill for collecting it.

Paying up sooner rather than later and not being so fucking stupid as to ignore a fine in future would be a good plan.

 

Fairly normal thing for traffic wardens do do sadly
I think you should have cleared it thou, they will hassle you forever now

 

as funny as benni's replies are, chips words offer moer wisdom

 

this thread has just reminded me to pay my fine for a train ticket the other day

 

bet he wished he paid the £15 quid and not ignored all the reminder letters
serves him right

 

tell them to fuck off - hide the car - dont give them anything. they eventually go away. my bro's done it to loads of bailifs.

bailifs cant take you to court as they are private firms, all they can do is request more money, my bro's £80- fine ended up at around £600 quid due to their charges...they came back every few weeks but we kept telling them to fuck off..........they've never been back

 

1. Take responsibility for your own actions. His fault it's not a £15 fine, pay it and learn the lesson.
2. Borrow money off dad/similar. What family is for, it's not a nad out, it's a favour/loan.

What's the world coming to, full of idiots I swear.

 

Send them a subject access request letter, asking for the whole break down of their fees. they are allowed to charge you for 2 visits and then any cost involved with removing goods. If they haven't removed anything then they can only charge you about £40 extra. and before they take any cars they do check who they belong to

Fines like this do have to be paid but bailiff companies do try it on to get as much as possible out of you.

 

Id rather pay up than have the worry and hassle of people turning up on my door step at any time wanting to take my things!

Its a lesson learnt for sure, but get him to pay it mate. If he cant, lend pay it for him even if you feel you dont want too for whatever reason. You never know when you might need a favour returned.

 

Sadly, they have not been for a while. Which is a shame. Will have to make my friends another way. I personally owed in excess of £500 to Equita Bailiffs. I never paid and I never will.

They won't come and visit that often. They will give up once they realize there is no way of getting their money. In the long run it is costing them more to get nowhere, Providing there is no way they can get their money,, obviously. Remember, if you decide to pay after all. Make sure, as in ways mentioned above you pay what you owe, and what you owe only. However, I don't agree with this. They will go away in the end, I promise you.



Benni.

 

Pay £5 a week? they'll be happy wi that and your bro prolly wont notice it.....end of the day if you dont pay unless your a lucky fecker they wont go away and the amount will increase.

 

A few years ago, a friend of mine was overpaid in his job with one extra month's salary. About £6,000 after tax. He had left and the HR dept had messed up his end date.

He heard nothing for months then a letter saying "we have overpaid you" etc etc.
He told them he'd have to check and was requesting copies of past bank statements.

Another couple of months. He thought they'd gone away but no, they hassled him again. Eventually he said, "yes it does appear I've been paid an extra month. I will discuss with you the repayment of this money, but I'm afraid not all at once because I committed money to various investments that i can't liquidate quickly, not knowing I'd been overpaid. I am also overstretched at the moment and won't be able to afford very much per month"

He offered them £5 a month. It would take 100 years to pay it. However, the person who had cocked up was effectively able to draw a line under it and had solved the problem. Their mistake had been "rectified" - in a way. Box ticked.
He never paid a penny and never heard any more about it.

 

You don't have to pay it back if their mistake I believe.
Bit different to a fine.

 

whats that got to do with baliffs for an unpaid fine?

 

pay pound a week 100% legal, cant do nowt about it

 

Hi Mate,

Print this lot off and give it to your dad/who ever to read.

What is a bailiff?
A bailiff is someone authorised to collect a debt on behalf of a creditor. A creditor is someone you owe money to. There are different types of bailiffs - e.g. county court bailiffs, certificated bailiffs and private bailiffs who can be used to collect different types of debts. These include county court judgments, unpaid council tax, magistrates court fines, unpaid maintenance to the Child Support Agency and outstanding rent.

Different bailiffs have differing powers to collect debts. However, there are certain rules that apply to all bailiffs. Unless stated otherwise, the information in this leaflet applies to any bailiff.

Can anyone be a bailiff?
Yes, providing they have legal authority to carry out their actions. Some creditors prefer to use certificated bailiffs to collect their debts. ''Certificated'' means that the firm of bailiffs has provided references to the county court and the bailiffs they employ are considered to be 'fit and proper' persons. Bailiffs collecting rent arrears and road traffic penalties must be certificated. It is worth remembering that both men and women can be bailiffs!


What 'legal authority' must a bailiff have?
A bailiff must be legally authorised to collect the debt on behalf of the creditor. The authority is normally known as a 'warrant', or 'warrant of execution' if the bailiff is recovering money owed under a county court judgment.

Bailiffs used by the magistrates court to collect unpaid council tax, outstanding fines, compensation or unpaid maintenance will be acting on either a 'distress warrant' or a 'liability order' issued by the magistrates court.

If you are in arrears, creditors will sometimes send representatives to your home to try and negotiate repayments with you. These people might be called 'counsellors', 'collectors' or 'advisers'. They do not have powers to enter your home and seize your goods.

How do I know it is a bailiff at my door?
Bailiffs should provide identification or authorisation if you ask them to. Bailiffs collecting for rent must show their certificate from the county court if you ask them to. Bailiffs collecting unpaid council tax must show written authorisation from the local authority. See also 'Will I get advance notice of a bailiff visit?'

Can a bailiff call at night or on a weekend?
Only bailiffs collecting rent are obliged to call between sunrise and sunset, all other bailiffs can call at any time of day or night. However most bailiffs should call at a 'reasonable' time, either during normal office hours or between 8.00 a.m. or 8 p.m.


Can a bailiff force his/her way into my house?
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.

Can I be arrested or imprisoned for not letting a bailiff into my house?
No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.

You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.



If a bailiff does gain peaceful entry to my house what will they do?
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'.

What is 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.


Are there any goods that the bailiff cannot seize?
Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family
Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

clothing, beds and bedding tools of the trade
basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.
Can I hide goods?
It is not unlawful for you to remove goods from your house or hide them before a bailiff visits unless the bailiff is distraining for rent. Remember that a bailiff, having gained peaceful entry, can return at any time and if s/he believes that goods have been removed or hidden prior to their visit, this is likely to happen. For what to do if a bailiff visit is imminent - see below.

What if the bailiff does seize goods that do not belong to me?
If a bailiff seizes goods that are subject to a Hire Purchase agreement, seek advice urgently. Goods on HP do not belong to you until you make the final payment, but there may be circumstances in which they can be seized.

If goods have been seized wrongfully, then the owner of the goods can apply for them to be returned. You will need to get further advice about this.


Will I get advance notice of a bailiff visit and fees?
From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay.

Do I have to pay the bailiff's fees?
The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made.

All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.



What should I do if a bailiff is about to visit my home?
Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees.

Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.

If you need help filling in forms or negotiating with creditors or bailiffs, see the 'further help' section below.


National Standards for Enforcement Agents
A review of bailiff law resulted in a Green Paper in July 2001, Towards Effective Enforcement'. A White Paper and legislation have however not followed, and expectations are now that the may not do so for some time.

The national standard (NSEA) has however been put in to place, taking up some points from the review of bailiff law.

The NSEA is endorsed by a range of central and local government departments and the bailiffs' trade bodies, all of whose members should comply with it.

Enforcement agents should:

Carry out their duties in a professional, calm and dignified manner. This includes dressing appropriately and acting with discretion and fairness.
They must not misrepresent their powers or abilities, or discriminate on grounds of gender, sexual, orientation, age, ethnicity, race or religion
Produce identification and authorisation on request
Communicate clearly and provide information (on charges etc) prompt
Have arrangements for translation services and provision of information in large print, Braille etc
Provide procedures for identifying and dealing fairly with vulnerable debtors such as people who are elderly, disabled, those who have been bereaved recently, lone parents, pregnant women, unemployed people, people with language difficulties.

The conduct of levies

'Unlawful force' should not be used to enter any premises
If the Police are called to deal with a breach of the peace, their presence must be explained including that they are not there to help with the levy
If the only person present is or appears to be under 18, the agent must depart, but may ask when the debtor will be home. If the only persons at home are children under the age of 12, the agent must simply leave.
Bailiffs should avoid so far as is practicable avoid disclosing the purpose of their visit to anyone who is not the debtor. Relevant documents should be left in a sealed envelope addressed to her/him
Visits should ideally only be made between 6am and 9pm (or any time that the debtor is conducting business). Visits should not take place on Sundays, Bank Holidays, Good Friday or Christmas Day, unless legislation or a Court permits this. Respect for other religions and cultures should be upheld, and visits avoided on appropriate festivals and holidays.
Goods that are clearly those of a child should not be seized
Bailiffs should take all reasonable steps to satisfy themselves that the value of goods seized is proportional to the debt and charges owing
When goods are removed, receipts should be given to the debtor
Debtors must be notified of fees on each visit and of the fees that will be incurred if further action takes place
Copies of the NSEA should be available from the offices of the agencies, from the agents on request and if possible from the creditors themselves
There are no sanctions for non-compliance with NSEA but agents are required to operate complaints and disciplinary procedures.
Further details www.lcd.gov.uk/enforcement/agents02.htm



How can I complain about a bailiff?
Depending on the type of complaint you want to make, you can complain to the person who instructed the bailiff, for example a local authority, the county court (if the bailiff is certificated or a county court bailiff) or a trade association. See below for how to get help making a complaint.

Most private bailiffs will also belong to a trade association, all of whom have complaints and grievance procedures you can use. The main trade associations are the Certificated Bailiffs Association (CBA) and the Association of Civil Enforcement Agencies (ACEA).

CBA can be contacted by writing to:
c/o Ridgefield House
14 John Dalton Street
MANCHESTER
M2 6JR
tl: 0161 839 7225

ACEA can be contacted by writing to:
Chesham House
150 Regent Street
LONDON
W1R 5FA

t: 0207 432 0366
f: 0207 432 0516
e: sec@acea.org.uk
w: www.acea.org.uk

Always keep copies of letters and evidence you send.

 

fuck reading all that.thats longer than a ginge reply. whats the jist of it?

 

its worth a read if you have baliffs coming to the door! the jist is either pay or dont let them in for the love of god!

 

-----------IN A WORD NO-ITS NOT HIS CAR(THE DEBTER THAT IS)
ON FINANCE ITS THE FINANCE COMPANYS CAR------UNTOUCHABLE BY BAILIFFS.
----------------SHOW THEM THE AGREEMENT----------------
ACTUALLY ONCE A CERTAIN AMOUNT HAS BEEN MADE ON FINANCE THE FINANCE COMPANY NEED A COURT ORDER TO SNATCH BUT UNLIKELY IT WILL BE GIVEN BY A MAGISTRATE,

 

let them take your car,pretending your under duress, then report them to the finance company and the police for theft and laugh at them when they bring it back.

 

 

the fella wanted help so i found the facts and gave him the help he wanted, as said its worth a read if there about to take half your house to get £300 together!

 

If they do gain entry, can ya lock the fuckers in ?

 

. . .

 

do baliffs still do the trick of barging in as soon as you open door or putting foot in door to claim "peaceful entry"????