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C Duffy
Hi everybody just look for some advise regarding my situation that's happened earlier today.

I woke up to a letter through the door, as it turned out Marston "High Court Enforcement Officers & Certificated Bailiff's) attended my parents property where I live at 7:30 in the morning as described by the letter. No Door Knock as I was awake in bed, unless I just didn't hear them. however bailiff's usually let everybody in the street know they are knocking at a property.
Letter states with a heading "NOTICE OF DISTRESS" - Section 58 Magistrates Court Act 1980 / Taxes Management Act 1970. the letter goes on explain how the bailiff has either Seized / Distrained and Impounded the goods specified in the Inventory

INVENTRY
FORD FIESTA BLUE (Number Plate)

It then says how good will be sold to obtain the debt balance £800. with a contact number for the bailiff.

I Phoned the Bailiff and explained the situation that I had attempted to make payment to your company via a payment plan however the full balance was the only option that would consider, he acknowledged that and explained theirs nothing he can do with the full balance today otherwise Inventory good shall be sold via an Auction.I explained the Car is subjected to a Hire Purchase therefore it is not my car so he needs to take the clamp off which he answered it does not matter he will speak to the finance company to see if they will allow him to take the car. I told him to come to the property and he said he will be there shortly .

Meanwhile I called my finance company up and the girl knew nothing about how to handle the situation, I explained if you can speak to the bailiff they will release the clamp by law, by this time it was 9:30, the bailiff arrived at the door and asked for myself whilst on call to the finance company The best answer from the woman was if he takes the car, what ever charges occur you are liable for which is a load of Bol*****, I was advised he has already taken the clamp off as he did a HPI Check.

So now he has gave my 24 Hours to Pay £825 In Full (Not going to Happen) without a payment plan.

The result of today is as bellow with a message sent to bailiff as he didn't answer his phone to me.

"Mr Hickey, am writing a complaint to the magistrates and your head office regarding the situation earlier today when you clamped the car I Hire. As this is not owned by myself you have acted unlawfully without proper investigation to what assets I actually own. In result of this my car has been damaged and I have occurred loss of earnings on 21/11/13. You also declined my payment plan offer and did not indicate myself with a payment plan breakdown as requested. I have no other option to take this further and will be sending a letter tomorrow to the relevant departments. As discussed I live with my parents and I don't own any vaulables in the property that will cover the cost of this fine."

I believe the bailiff acted unreasonably, he stated he will return within 24 hours to force entry to my parents property, I am going to call the magistrates tomorrow and ask if they have a clamping order and if they will take the debt back. writing a complaint letter to the magistrates and Marston's Head Office. regarding this Pr***.

any advise on this topic at all would be much appreciated. thankyou
southpaw82
You might want to make an application to the court for a payment plan. This isn't going away no matter how stroppy you become with the bailiff, justified or not.
C Duffy
QUOTE (southpaw82 @ Thu, 21 Nov 2013 - 20:02) *
You might want to make an application to the court for a payment plan. This isn't going away no matter how stroppy you become with the bailiff, justified or not.


Thankyou for the reply,

I am writing a letter tonight to send the court tomorrow, I understand that I did offer the Bailiff a payment plan which was declined.

Can I confirm, the bailiff can definitely not seize the HP Car?

thanks
southpaw82
No, he can't (shouldn't).
peterguk
I would ensure you have all the HP documents handy since you may need to prove to the baliff it's on HP.
C Duffy
QUOTE (peterguk @ Thu, 21 Nov 2013 - 21:36) *
I would ensure you have all the HP documents handy since you may need to prove to the baliff it's on HP.



thanks for your reply,

Hi, I have already showed this to him, however he knows now and done an HPI Check. am just a bit worthy of parking my vehicle their should they clamp it again?
He is now saying he will use a locksmith to enter the property. For god sake. I have offered him a payment plan that will clear the debt of within 2 months .. what more can I do !
Logician
What is the history of this, is the fine not disputed by you, if you knew about the fine did you contact the court fines office to agree a payment plan, did you default on the payment plan, did you just hope it would all go away?
C Duffy
QUOTE (Logician @ Thu, 21 Nov 2013 - 23:28) *
What is the history of this, is the fine not disputed by you, if you knew about the fine did you contact the court fines office to agree a payment plan, did you default on the payment plan, did you just hope it would all go away?


It started as a dispute then I worked away for a month, and came back to a missed court hearing which has lead to this. It is what is and could of been prevented and am the fool for not making this happen I know that ..
peterguk
QUOTE (C Duffy @ Thu, 21 Nov 2013 - 23:47) *
It started as a dispute then I worked away for a month, and came back to a missed court hearing


What sort of dispute?

It's unusual to get so little notice of a court hearing - out of interest, the court hearing was less than 30 days notice?

So you were convicted in your absence?

How and when did you find out about the missed court hearing?
The Rookie
I think you need to explain more, you look to have done an Ostrich impression for a fair while to get to the stage you are at now. Did you not contact the court at any stage?
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