Baliffs advice please - help !
Discussion
Hi
Had a baliff knock on my door demanding £404 quid for an unpaid congestion fine
First I heard of it - paid the charge on the alledged date.
Anyway I have to take that up with CC London. However the Baliff company supposedly wrote to me twice in July requesting payment (was £128 back then)
I've never received anything from them - called their main office (Drakes Baliffs) and basically the said it was sent coz it's on their computer system. If i didn't receive it - it's not their issue and I have to pay the fine + baliffs charges.
So i've not been given an opportunity to protest the fine or pay the debt collecting company. And there's nothing I can do apart from pay the baliff and then write to the Drakes Baliffs and make a compliant that I never received their letters !
I spoke to my solicitor and he said there's nothing I can do - apart from take them to county court !
Had a baliff knock on my door demanding £404 quid for an unpaid congestion fine
First I heard of it - paid the charge on the alledged date.
Anyway I have to take that up with CC London. However the Baliff company supposedly wrote to me twice in July requesting payment (was £128 back then)
I've never received anything from them - called their main office (Drakes Baliffs) and basically the said it was sent coz it's on their computer system. If i didn't receive it - it's not their issue and I have to pay the fine + baliffs charges.
So i've not been given an opportunity to protest the fine or pay the debt collecting company. And there's nothing I can do apart from pay the baliff and then write to the Drakes Baliffs and make a compliant that I never received their letters !
I spoke to my solicitor and he said there's nothing I can do - apart from take them to county court !
woof said:
Hi
Had a baliff knock on my door demanding £404 quid for an unpaid congestion fine
First I heard of it - paid the charge on the alledged date.
Anyway I have to take that up with CC London. However the Baliff company supposedly wrote to me twice in July requesting payment (was £128 back then)
I've never received anything from them - called their main office (Drakes Baliffs) and basically the said it was sent coz it's on their computer system. If i didn't receive it - it's not their issue and I have to pay the fine + baliffs charges.
So i've not been given an opportunity to protest the fine or pay the debt collecting company. And there's nothing I can do apart from pay the baliff and then write to the Drakes Baliffs and make a compliant that I never received their letters !
I spoke to my solicitor and he said there's nothing I can do - apart from take them to county court !
I guess you have records ie proof of payment from bank
C'cards etc.
So no worries then
Mind-- it may well be logged with some CA's so do a credit check on yerself just in case.
Phil
>> Edited by billynomates on Wednesday 29th September 17:36
billynomates said:
however it makes no difference to these people !
I have to take it to county court apparently
Ok but can you provide proof you paid up?
only that a transaction took place - and my account was debited.
The CC fine is only £120 the debt collector co and baliff has added another £385 - no communication from them apart from bruiser knocking on my door. That's the real issue because it's v unlikely I can get any money back from them !
They said they sent 2 letters - never received them - so I have to pay an extra £385 !!!
That's what's really pi55ing me off
I'd ask for file copies of the 2 letters they allege they posted.
The warrant they have is voided when you pay the £120 fine. You can't seize goods to defray ballif charges in the first instance.
If you can not prove you paid the CC, you are screwed.
Id also ask for photographic evidence it was your vehicle caught in teh zone.
The warrant they have is voided when you pay the £120 fine. You can't seize goods to defray ballif charges in the first instance.
If you can not prove you paid the CC, you are screwed.
Id also ask for photographic evidence it was your vehicle caught in teh zone.
woof said:
woof said:
however it makes no difference to these people !
I have to take it to county court apparently
Ok but can you provide proof you paid up?
only that a transaction took place - and my account was debited.
The CC fine is only £120 the debt collector co and baliff has added another £385 - no communication from them apart from bruiser knocking on my door. That's the real issue because it's v unlikely I can get any money back from them !
They said they sent 2 letters - never received them - so I have to pay an extra £385 !!!
That's what's really pi55ing me off
I am deadly serious when I say that this kind of thing has been going on since the time of Robin Hood and the Sheriff of Nottingham.
In Scotland recently the law was changed to curtail the powers of Sheriff Officers, but the behaviour and powers of bailiffs in England is an absolute disgrace.
It is quite literally legalised robbery; one of our MSPs calls them rottweillers in suits.
Tell them the onus of proof is on them. They should have sent you these sort of documents or demands for payment by Recorced Delivery and if they can't prove they sent them fight it all the way, just for the satisfaction of doing something.
Why the hell do you people put up with this down there?
You have to stop accepting it and kick up blue, bloody murder with your MPs, all of them and have the law changed.
burwoodman said:
I'd ask for file copies of the 2 letters they allege they posted.
The warrant they have is voided when you pay the £120 fine. You can't seize goods to defray ballif charges in the first instance.
If you can not prove you paid the CC, you are screwed.
Id also ask for photographic evidence it was your vehicle caught in teh zone.
Hi
sorry - i don't quite follow some of this
I pay the £120 fine to who - CC London ?
woof said:
woof said:
however it makes no difference to these people !
I have to take it to county court apparently
Ok but can you provide proof you paid up?
only that a transaction took place - and my account was debited.
The CC fine is only £120 the debt collector co and baliff has added another £385 - no communication from them apart from bruiser knocking on my door. That's the real issue because it's v unlikely I can get any money back from them !
They said they sent 2 letters - never received them - so I have to pay an extra £385 !!!
That's what's really pi55ing me off
So you paid by C Card direct to CC London? They should have a record of it coz you paid it.
I wouldn't worry to much re the bruiser thing they too have to be careful how far they push.
Try talking to Drakes again they dont need this anymore than you do.
If all fails and you go down the court road just make sure you have kept all records and proof of payment.
Nothing to add to that really but have had the shitty end of the stick in my hand from time to time and it now smells of roses.
Good luck mate
Phil Ps I would go to court.
How to deal with baliffs (Part One):-
Never, Never answer the front door to anyone!
Tell everyone you know to always call/phone you before they are coming round!
Block off your front door letter box so no-one can see through it. Same with any windows in your front door!
Always use your back door!
Even though the Baliff has a warrant, this is only a Distress warrant this does not entitle anyone to force entry into the premises(inc your back yard/garden) unless you are stupid enough to answer it to them.
This works for all baliffs, council tax, court fines, congestion charging ect.
Make your home phone number ex-directory that way only people you want can have the number.
Call BT and have numbers that are "withheld" barred from calling you. This stops courts, baliffs, council and the police calling you and catching you out. They then have to use mobiles instead, costs them more money.
Have a phone that dispalys caller ID, if it is number you do not recognise answer by just saying "hello".
Always find out who is on the other end before you give any info away.
If you are suspicious of the caller tell them the person they are looking for left the country a few months ago, and give them a pen name for yourslef "Richard/Rebecca Sole" is a good one. Letters then get sent to Mr/Mrs R Sole. Many a laugh with that one.
After 2 years they give up, it begins to cost them more than they ever can get off you.
It works 5 years so far never paid a fine ect.
Never, Never answer the front door to anyone!
Tell everyone you know to always call/phone you before they are coming round!
Block off your front door letter box so no-one can see through it. Same with any windows in your front door!
Always use your back door!
Even though the Baliff has a warrant, this is only a Distress warrant this does not entitle anyone to force entry into the premises(inc your back yard/garden) unless you are stupid enough to answer it to them.
This works for all baliffs, council tax, court fines, congestion charging ect.
Make your home phone number ex-directory that way only people you want can have the number.
Call BT and have numbers that are "withheld" barred from calling you. This stops courts, baliffs, council and the police calling you and catching you out. They then have to use mobiles instead, costs them more money.
Have a phone that dispalys caller ID, if it is number you do not recognise answer by just saying "hello".
Always find out who is on the other end before you give any info away.
If you are suspicious of the caller tell them the person they are looking for left the country a few months ago, and give them a pen name for yourslef "Richard/Rebecca Sole" is a good one. Letters then get sent to Mr/Mrs R Sole. Many a laugh with that one.
After 2 years they give up, it begins to cost them more than they ever can get off you.
It works 5 years so far never paid a fine ect.
DRV112 said:
How to deal with baliffs (Part One):-
Never, Never answer the front door to anyone!
Tell everyone you know to always call/phone you before they are coming round!
Block off your front door letter box so no-one can see through it. Same with any windows in your front door!
Always use your back door!
Even though the Baliff has a warrant, this is only a Distress warrant this does not entitle anyone to force entry into the premises(inc your back yard/garden) unless you are stupid enough to answer it to them.
This works for all baliffs, council tax, court fines, congestion charging ect.
Make your home phone number ex-directory that way only people you want can have the number.
Call BT and have numbers that are "withheld" barred from calling you. This stops courts, baliffs, council and the police calling you and catching you out. They then have to use mobiles instead, costs them more money.
Have a phone that dispalys caller ID, if it is number you do not recognise answer by just saying "hello".
Always find out who is on the other end before you give any info away.
If you are suspicious of the caller tell them the person they are looking for left the country a few months ago, and give them a pen name for yourslef "Richard/Rebecca Sole" is a good one. Letters then get sent to Mr/Mrs R Sole. Many a laugh with that one.
After 2 years they give up, it begins to cost them more than they ever can get off you.
It works 5 years so far never paid a fine ect.
A man who has the Tee shirt has spoken.one year behind me though, I'm a sixer.
And you are right--any comments to make how it has or not f788ed your credit rating.
And the C Cards guys work the same way.
I bet not alot.
Phil
If I keep posting this sort of stuff on PH I will have no credit anywhere
billynomates said:
A man who has the Tee shirt has spoken.one year behind me though, I'm a sixer.
And you are right--any comments to make how it has or not f788ed your credit rating.
And the C Cards guys work the same way.
I bet not alot.
You are right. My credit rating is fine. 3 Credit cards, loans, morgage, overdraft ect.
I pay for services that i want and have asked for.
Electricity, Gas, Sky, ect.
Pay your bank, loan people, credit card & bills ontime every time no problems.
Barclays Bank are great. Just treat them fine and they look after you, never giving our details without our consent.
Could quite easily go in there in the morning and say hi I need £xxxxxx.
A week later I would have it. Experience tells me that.
>> Edited by DRV112 on Wednesday 29th September 20:57
hedders said:
My old neighbour once told me how he had gone out and got loans from every major highstreet bank and never once made an effort to pay any of them back.
After a few years he stopped recieving letters about it...god knows what it did to his credit rating
Well I don't think the right thing to do is never pay them back.
just offer that will do
Phil
hedders said:
My old neighbour once told me how he had gone out and got loans from every major highstreet bank and never once made an effort to pay any of them back.
After a few years he stopped recieving letters about it...god knows what it did to his credit rating
This is not the right thing to do!!
However... It does prove the point.. after a while the "authorites" in thses matters, councils or courts ect, will give up after 2 years or so.
They all work in the same way.
But when the 2 - 2&1/2 year limit reaches be on your guard they will have one last ditch attempt and throw everything at you at once before consigning it to the bin.
>> Edited by DRV112 on Wednesday 29th September 21:24
well, it may not have been the right thing to do...and i am not going to sit here and try and justify his actions 
He moved house after a few years and that was the end of it. He hasn't heard anything from any of them and he did it about 6 years ago, he has been 'in the system' (on the dole or working legit) ever since and has been at the same adress for the last four years without hearing a word about it!
I personally would not do it...but I am not sure why. It is all too easy these days to get yourself into a crapload of debt and bow out, declaring bancruptcy.
You could put a few hundred grand under the mattress if you were smart, declare bancruptcy and start all over again in a couple of years...
>> Edited by hedders on Wednesday 29th September 23:27
He moved house after a few years and that was the end of it. He hasn't heard anything from any of them and he did it about 6 years ago, he has been 'in the system' (on the dole or working legit) ever since and has been at the same adress for the last four years without hearing a word about it!
I personally would not do it...but I am not sure why. It is all too easy these days to get yourself into a crapload of debt and bow out, declaring bancruptcy.
You could put a few hundred grand under the mattress if you were smart, declare bancruptcy and start all over again in a couple of years...
>> Edited by hedders on Wednesday 29th September 23:27
hedders said:
My old neighbour once told me how he had gone out and got loans from every major highstreet bank and never once made an effort to pay any of them back.
After a few years he stopped recieving letters about it...god knows what it did to his credit rating
I used to have a book 'How to avoid paying your debts'
Leant it to someone, who leant it to someone, who leant it to someone.................................
As I understand it then following non payment of a congestion fine, Authority registers it with County Court who make an Order for recovery through baliffs etc.
Have they shown you the Order and authority to demand the cash?
Again seems funny that following a CCJ no marker put on your Credit rating? Could it be no CCJ?
Have a read at
http://tinyurl.com/3lqnj
If you really have paid then amass all the evidence you can, keep a copy of your endeavours and expenses (add to your claim) and consider County Court Action under Small Claims Court. Either have a word with you local one for advice or consult CAB Solicitor.
DVD
Have they shown you the Order and authority to demand the cash?
Again seems funny that following a CCJ no marker put on your Credit rating? Could it be no CCJ?
Have a read at
http://tinyurl.com/3lqnj
If you really have paid then amass all the evidence you can, keep a copy of your endeavours and expenses (add to your claim) and consider County Court Action under Small Claims Court. Either have a word with you local one for advice or consult CAB Solicitor.
DVD
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