Bailiffs part 2 - proof of postage !
Discussion
Hi
I'm fast becoming an expert on Bailiffs !
But one question I can't find an answer to
Does simply saying that a letter (notice of debt) has been posted (1st or 2nd class) mean that it would stand up in a court ? Thus allowing the bailiffs to continue to escalate the fine without given me any opportunity to pay it !
After a few phone calls with the Bailiff Company they told me that they wrote to me twice - initially with a fine of £120. Now they're demanding £408.38 !
If that's the case, then I suggest will all stop posting bills and claim we've paid everything via the post and never have to pay anything again !
Anyway I've written to them today, informing them that I will apply to the county court for a suspension notice - once the bailiffs provide the CCJ (they haven't done this) and that I am willing to pay the original fine of £120, that I never received notice of.
I've also cc'd it to the certificated bailiffs association
A couple of facts - a bailiff cannot force entry to any premises - so never let them in - or ideally never admitt to being who you are if challenge by a baliff.
Always ask for the identitity of anyone who knocks on your door before answering any questions.
If a baliff cannot gain entry to your home/premises, then they cannot make an audit of goods, therefore cannot serve any orders of repro.
They'll try several times - and then will refer it back to the creditor who will then try alternatives - what they are I have no idea !
>>> Edited by woof on Monday 4th October 12:27
I'm fast becoming an expert on Bailiffs !
But one question I can't find an answer to
Does simply saying that a letter (notice of debt) has been posted (1st or 2nd class) mean that it would stand up in a court ? Thus allowing the bailiffs to continue to escalate the fine without given me any opportunity to pay it !
After a few phone calls with the Bailiff Company they told me that they wrote to me twice - initially with a fine of £120. Now they're demanding £408.38 !
If that's the case, then I suggest will all stop posting bills and claim we've paid everything via the post and never have to pay anything again !
Anyway I've written to them today, informing them that I will apply to the county court for a suspension notice - once the bailiffs provide the CCJ (they haven't done this) and that I am willing to pay the original fine of £120, that I never received notice of.
I've also cc'd it to the certificated bailiffs association
A couple of facts - a bailiff cannot force entry to any premises - so never let them in - or ideally never admitt to being who you are if challenge by a baliff.
Always ask for the identitity of anyone who knocks on your door before answering any questions.
If a baliff cannot gain entry to your home/premises, then they cannot make an audit of goods, therefore cannot serve any orders of repro.
They'll try several times - and then will refer it back to the creditor who will then try alternatives - what they are I have no idea !
>>> Edited by woof on Monday 4th October 12:27
So a balif cannot enter a premisis without my permision. I am currently avoiding a THINGY that happend apon a separation nearly three years ago. I thought it had gone away as i have moved alot since, but i got a letter the other day from the balifs(to do with a bank not the goverment) and if they knock on the door i was going to say i had never heard of this person they were looking for....Do they have any rights to ask me for identification...
wedget said:
So a balif cannot enter a premisis without my permision. I am currently avoiding a THINGY that happend apon a separation nearly three years ago. I thought it had gone away as i have moved alot since, but i got a letter the other day from the balifs(to do with a bank not the goverment) and if they knock on the door i was going to say i had never heard of this person they were looking for....Do they have any rights to ask me for identification...
Only a bailiff acting for the inland revenue can gain entry without permission.
I don't think anyone can ask for ID - I think we are one of the few countries that you don't need to show ID if challenge. Of course you can be arrested under suspiscion of whatever instead ...
wedget said:
can they do anything with my car...how would they know it was mine....i live in a flat so lots of cars outside..
yep they can clamp that - if it's in a public place
but there's some issue whether that actually effects yr human rights and also yr right to use personal processions - and if you need it for work that may also be an issue !
Basically yr a bit buggered if you park on the streets - u need to park somewhere else
wedget said:
can they do anything with my car...how would they know it was mine....i live in a flat so lots of cars outside..
I think you will find that if the car is parked on the property to which the warrant relates and is registered to the debtor Bailiffs may take walking possession and may remove the car subject to proof of ownership at a later date.
Nick
wedget said:
Well the balifs prob wouldnt know it was my car as the debt is not related to the car, I can park it in the garage but its a pain...Have the balifs any access to DVLA records even in a sneaky way.
If you are that concerned a simple solutionm is to re-register the car
If your name for example is John David Smith register it to David John Smith - they then can't touch it, if at a later date you have any query from insurance/tax you point it out as a simple error.
To avoid the vehicle showing an extra keeper re-register it to another address (a mate's) and change the name, leave it a couple of months and re-register it back to your address.
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