Bailiffs

A question about : Bailiffs

Hello everyone,

I am looking for some help for my neighbour who is a bit distressed at the moment.

Her relationship with her husband is a bit off and on due to his alcohol issues and mental health problems. After a bit of coming and going her is now back home and in employment again after being unemployed/sick.

Today bailiff's turn up today. It seems he has an unpaid speeding fine Ј60 which is now Ј360 and they demanded payment from him. He was at home today and opened the door to him though refused entry. He has said he will return tomorrow with a lock smith and enter and take goods. They have no means to pay until the end of the month but he would not accept this. We need to know can they turn up with a lock smith. Nothing except his clothes belong to him but of course she has no receipts for items she purchased years ago.

They are both at work tomorrow and are worried about leaving the house. I suggested calling them and making a payment plan first thing in the morning but the bailiff has said this wont be accepted. Any help or suggestions would be great. They both seem very scared!

Best answers:

• Normally, if they were collecting a debt, bailiffs are required to gain entry peaceably or not at all. You would have a right to refuse entry.
  The difficulty they have is that court appointed bailiffs can force entry when the debt is a fine.
  Did your friends know about the fine? and the court date? Did they receive notification that bailiffs were coming (I think 7 days notice should be given in relation to fines but may be wrong).
  If they were genuinely unaware of the fine, they could apply to the court for either a means hearing (to agree a payment you can afford) or a stay. Bailiffs can't come if you get a stay.
  However if they did receive documentation, including a means statement to return, this may prove more tricky.
  It is difficult when you are dealing with the court. I had a hire car through work last year and the court sent a speeding ticket to the hire car company. They just ignored it until the last minute then passed it on to me. I found out 2 days before the court case. I sent them an email and made loads of calls but even though the magistrate said in court that the hire car company should have responded back to them immediately, I had committed the crime and had to pay. I got a nice letter from the court which basically said we are sorry this went wrong, and it is unfair on you, but this has to be paid. I couldn't be bothered fighting the hire car firm so paid up.
  The important part, before ringing the court in the morning, is did they know?
• Thanks for your reply.
  Yes they did know. He got the fine when he was out of work. moved out for a few months and has only recently returned. He has a lot of issues. Anyway he said he forgot all about it. I suggested they call the bailiffs head office in the morning with a payment and then set up a payment plan. She does not think they will accept and they are both worried about going out to work tomorrow.
  Will they really return with a locksmith?
  Thanks again
• Well it is usually a last resort but they can. In most cases bailiffs would need a signed walking possession order. In other words, you have let them in, they have eyed up your telly and laptop and ask you to sign. Once you do this they can walk in later.
  The normal rules are don't open the door, keep all doors and windows locked, ring and try and come to an arrangement. But fines from Magistrates court are different.
  The courts used to have their own bailiffs but most of them use private bailiffs now.
  It is really unfortunate that he didn't respond to the fine. He will also have received notification of the court case.
  You said he had mental health problems. Have him and his wife ring the court in the morning and find out if there is any way they can apply for a stay.
  It is difficult to say they won't because I obviously don't know. I do know though ( from law in Uni not professionally) that although they may legally be entitled to do this in the case of fines, it is frowned upon as high up as parliament. I seem to recall only Magistrate's court can order this, not County Court.
  I think the locksmith thing tends to be a scare tactic but again, hard to predict. It is suuposed to be a last resort and only if absolutely necessary so an agreement with the court to pay may stop them.
  If I were them, I would ring the court, ring the CAB, and be at home. If they did break in, you can bet that goods will be taken to cover the locksmith's charge also.
  Oh, and tell them to move their car from outside the house also.
  I really feel for them. I hope the court can help.
• They can not break and enter, so a bit of inventive securing on the assumption they will open the locks and keep doors and window shut and thus ignore any shouty bull they come out with, it is all designed to get you to give in.
• Thanks to all who helped with this.
  They managed to get to delay the Bailiff until payday.
  They asked for a breakdown in the charges.
  Fine Ј 60.00 Compliance Fee Ј 85.00 Attendance to Remove Fee Ј215.00 Total
  I know he should have paid at the time but this seems rather a lot of money. I feel for them as he has only just returned to work etc. Can they charge this legally?
  Ј360.00