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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I charge bailiffs for keep sending me texts saying they

Resolved Question:

Can I charge bailiffs for keep sending me texts saying they are coming the next day (or even the same day) including Sundays and they never ever turn up? I am paying by standing order but they say its nowhere near enough. This all refers to a PCN. They hand delivered the original notice to an address several streets away. This is not my problem with them, only the constant texts. I do ring back and they say they are allowed to badger me like this. I am a single parent on benefits.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did they agree to the repayment plan please?

Customer:

As I may have mentioned I am a single parent and they demanded £92 then £70 per week. I offered £10 pw and have set up a standing order to pay this. Its the constant texts and not turning up that bother me. I have a disabled son and they said I spend too much on gas and electric and food...I have 5 children...2 are over 16 and apprentices so I get nothing for them but thats my problem...please can I just stop these texts and them not coming. I have never refused to pay or failed to return calls.

Alex Watts :

But did they agree to the £10 per week?

Customer:

No...but I need to be paying something...would love them to come and take goods but there is nothing of value.

Alex Watts :

How much is the debt?

Customer:

Now down to £562, had no visits from them and one letter only...plus the original hand delivered to wrong address one which the lady took 3 months to find me! Have applied for credit card to get them off my back but am waiting for it to come. I get almost dailt texts with appointments to come and take goods in m y absence if necessary and have always waited in for them.

Alex Watts : How long have you been paying them for? How much was the original debt?
Customer:

They have only had 2 payments of £10 each as I only set it up last week. This was because they were refusing anything under £70. I also wanted them to come and get my belongings to pay towards it. I believe original parking ticket was £60. The car park only had a complicated pay by debit card system newly installed. I was taking my little boy to a clinic appointment. After registering my car and card it didn't work (I didnt realise) and the weather was horrendous on that day. The was no attendant or other ways to pay. (Council now have installed cash payment machine). I lost appeal and was informed that I wouldnt be allowed to defend it at court. Next thing I hear was in April when these bailiffs started. Its not the bill but the constant bullying by them that is hurting me.

Alex Watts : Yes of course.
Alex Watts : You should write and make a formal complaint. Sadly you can't charge them for texts.
Alex Watts : You should write set out your income and expenditure and show you can only afford the £10 a week.
Customer:

They will laugh at formal complaint...and probably make my life worse still!

Alex Watts : There are powers that regulate how they can pursue you.
Alex Watts : But you need to go down this route.
Alex Watts : There is even case law that says where you are harassed then this is illegal.
Alex Watts : But they must take complains seriously.
Alex Watts : As there are bailiffs they must have taken it to court to get a warrant.
Alex Watts : You can apply to the court to suspend the warrant on payment of £10 per wrek
Alex Watts : You need to get a copy of the judgment, go to court and fill out a suspension of warrant of Exeuction
Alex Watts : At this point a judge is likely to suspend on payments
Alex Watts : But go down the complaint route first.
Alex Watts : They will have a proper process and procedure for dealing with this.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I did set out my expenditure and they said the children didnt need so much food and we should cut down on bath water and cooking to pay them. I applied to TEC for an out of time thing and it was refused. The court didnt inform me but the bailiffs did. I have no idea how to apply to the court...the court is in Northampton and I live in Essex

Alex Watts : Fill out form n245
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf
Alex Watts : Send it to northampton
Alex Watts : They will deal with it for you. Its unliekly there would be a court hearing and even if there were, it would be transferred to your local home county court.
Alex Watts : Does this help?
Customer:

I will try...thank you so much for your help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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