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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I live and work abroad and there is a bailiff at my family

Customer Question

Hi, I live and work abroad and there is a bailiff at my family home in the uk. As I work away Ive missed the letters sent out. The fine the court has given me I believe is wrong. Question is how can I object to this and fight my case?
Kind Regards Owen.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What is the fine?Issued by whom?
Customer: replied 1 year ago.
EXCEL HMRCT??
Expert:  Jo C. replied 1 year ago.
Ok. That would tend to suggest they are from the tax office in one of it's forms.Do you owe any money ? Or have they alleged you do?
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry I I'm still not sure what the fine is exactly. I do know its about a train ticket i already paid for I was issued a warrant at the time. saying they may take further action, i never heard anything more. I sometimes miss letters because I am a seafarer and away a lot.
Expert:  Jo C. replied 1 year ago.
Ok. I know what this is.
Expert:  Jo C. replied 1 year ago.
That is a Magistrates Court fine.Do you have any property at that address?
Customer: replied 1 year ago.
yes not much just storage.
Expert:  Jo C. replied 1 year ago.
Have the bailiffs been let in?
Customer: replied 1 year ago.
unfortunately yes. He was at the door and i was on the phone to him and told him not to go in and asked my mother to phone the police but i had to hang up so she could phone them. I rang back 10 min later(just now) and mum said he's come to a deal to show him around the house and he will give seven days to pay. he's gone now.
Expert:  Jo C. replied 1 year ago.
OK.He has put the goods into walking possession. There is no way around that now.He should not be removing anything that doesn't belong to you and if he does then she could seek compensation.The only way to avoid him returning is to pay in full. Unless, of course, he just gets busy and doesn't return which does happen with bailiffs sometimes. If the goods aren't worth seizing he may lose interest.In terms of how to move forward the substantive matter, there is no defence in saying you were abroad. There is clear case law that a person abroad should keep tabs on their post in the UK. If the letter went to a dissimilar address than the one they had for you then you could make a statutory declaration to get the matter reopened.
Expert:  Jo C. replied 1 year ago.
You do have an automatic right of appeal from the Magistrates Court to the Crown but you would be out of time now if the bailiffs have instructed.You can seek time to pay but you would need to hand yourself into a Magistrates Court in the UK. It is not likely they would otherwise negotiate with you now because it has gone to bailiffs.
Expert:  Jo C. replied 1 year ago.
If he didn't put anything important in walking possession though then it might not matter although he has gained entry now.In theory he can force entry but he won't do that. Bailiffs are liable for any damage caused and it is practically impossible to force entry without causing damage.
Customer: replied 1 year ago.
Thank you for that law is law but the train fair was about £15 the fine is £900.50. It was years ago thats just all wrong and I paid the fair on the spot something is wrong here.
Expert:  Jo C. replied 1 year ago.
It is not the train fare. They have taken it to court and added costs although actually that would only be about £200.The rest are bailiff fees.You can ask the bailiffs to prove that have done sufficient work to justify the fees and sometimes you do get reductions. Visits do tend to be about £200 although £900 is still on the high side.
Customer: replied 1 year ago.
Ok, I see thats criminal in its self He said something about £590.50 from the court. I may use that advice about justifying costs.If at the time of alleged offence I paid the fair I cant see the justification in this. on the train website it says penalties are charge at a higher rate than the fair, lets say a £15 fair and go crazy £80 fine.The only other thing I can think to ask is now its been to court, is there something against my credit rating?
Expert:  Jo C. replied 1 year ago.
£590 seems on the heavy side to me.I used to prosecute these things all the time and we never applied for anything like that amount in costs. If you had a defence to the original charge then you could ask the Magistrates to reopen it but you have to come to the UK.
Expert:  Jo C. replied 1 year ago.
You would also have to stand trial.The older the conviction the more unhappy they will be about it.
Expert:  Jo C. replied 1 year ago.
But conversely if you get them to reopen the harder it will be to prove that you were guilty.
Customer: replied 1 year ago.
I keen to do that how do I apply
Customer: replied 1 year ago.
With the keeping tabs on the post thing I have no forwarding address and if I asked mother to open all post shed see my bank statement then I would be skint.
Expert:  Jo C. replied 1 year ago.
You have to go to the convicting court and ask them to reopen. It is an oral application.
Customer: replied 1 year ago.
Im not back until the 20th March and ill I have is two weeks holidays. Ill have to pay will I in the mean time, Ill wait a week though until I get paid hopefully but I don't want him back at mums she's booked in for hart op on the 23rd march she have a hart attack.
Expert:  Jo C. replied 1 year ago.
If you do succeed though you can reclaim from the bailiffs.I would normally advise anybody to pay their fees and remove the pressure and then set about recovering.
Customer: replied 1 year ago.
Thank you for all, Id like to use this site again. do you have any tax contacts and the other thing I need to sort sometime is clearing a CCJ from my report any ideas. Thanks again, Owen.
Expert:  Jo C. replied 1 year ago.
We do have a tax department. I don't know anything about it but you can ask a question in that department.I can help with a CCJ if you want to ask another question?
Customer: replied 1 year ago.
Ill have a look at the tax department.I don't have much information about the CCJ but I need it gone! In past I was self-employed I should not have been because I don't keep these kind of affairs at bay and just let them slide.
The CCJ comes up in my credit sore Ive not got the info to hand think it was northhampton court may be from ceredigion count council about council tax late payments or wolsely a plumbing account I had or may be HMRC.
Ive read the basic information about had go at pursuing it myself but failed Im so busy at work. Can I pay someone to do the legwork for me?
Expert:  Jo C. replied 1 year ago.
You can always do that but I wouldn't waste your energy. They are not going to remove it on that basis. The internet is very misleading on this point. The days when CCJs were removed over technicalities have long gone.If you pay it off in full then you can have it marked satisfied which does improve your credit rating.
Customer: replied 1 year ago.
Yes ok I have paid it in full Ive paid all my depts apart from this new talked about. Started saving for a house set back now so yes full payment has been made but its not marked as satisfied problem is not sure how its from one of the above at a mess. I contacted northhamton and just got a generic reply that was not much help.
Expert:  Jo C. replied 1 year ago.
What is the date of it?
Customer: replied 1 year ago.
just found this in my notes; county court business centre, AOXC5393, 22/05/14, £1,757 Unsatisfied Judgment, (OLD ADRESS) BRYNARFOR, ABERPORTH, CARDIGAN, DYFED, SA43 2EU. Trust online fed:(###) ###-####10/01/16That came up in a search of my rating, I sent that same info to the court.
Customer: replied 1 year ago.
Must have payed it well over a year ago may be even at that time, I'm just unsure. once paid everything I had a fire.
Expert:  Jo C. replied 1 year ago.
Ok. That is quite recent then. They drop off automatically in 6 years but that wouldn't drop off until 2020. If you pay in full you can have it marked satisfied.
Expert:  Jo C. replied 1 year ago.
If it is wrong then you could seek to appeal it but you are out of time and there is a costs risk.
Customer: replied 1 year ago.
appeal to who
Customer: replied 1 year ago.
Good Afternoon,
Thank you for your email.
To mark a Judgment as paid on the Court’s records we can only accept proof of settlement from the Claimant or their solicitors. Please note that for evidence of payment in full we are unable to accept letters from third parties (including bailiffs or enforcement agents / officers), copy letters written to the Claimant or their solicitors, photocopied cheques or bank statements as proof. Proof of settlement must include the claim number within the letter and should also include the date of settlement.
Once your judgment is paid in full, including any costs for enforcement, you may apply to the Court for a Certificate of Satisfaction/Cancellation:
To expedite the process of issuing a certificate, you should enclose a copy of a letter from the Claimant’s Solicitors or the Claimant direct if no solicitors are involved in the case; confirming that the debt has now been paid in full.
Telephone or write to the court quoting your claim number requesting the certificate.
There is a £15.00 fee for each certificate of satisfaction/cancellation.
This payment can be made by debit/credit card by contacting the CCBC Helpdesk on 0300(###) ###-####/ 0300(###) ###-####between 9.30 – 3.30, Monday to Friday.
Alternatively you can pay by cheque or postal order. This should be made payable to HMCTS. Please write your claim number on the back of the cheque or postal order for our reference and send to CCBC along with your paid in full letter.
Enclose a first class stamped addressed envelope.
If you are a company/solicitor and have a DX Address, please provide this information.
If you do not supply the correct proof of payment with your certificate application in accordance with the above, we will contact the claimant/solicitors on your behalf. However this process can take up to one calendar month, so it is in your interest to supply the court with confirmation of payment of the case in full.
Please note that the £15.00 fee payable is to cover court administration costs and if your request is invalid, e.g. the case has not been paid in full, the fee will not be refunded.
Please note: Unless full payment was made within one calendar month of the date of judgment the entry will remain on the register for six years, but will be marked as satisfied. If the judgment was paid within one calendar month from the date of judgment, upon receipt of your request with a £15.00 fee and confirmation of settlement the entry will be cancelled on the register.
Once the court’s records have been updated the Registry Trust will then be notified. Please be aware that it may take between 4-6 weeks for their records to be updated.
Unfortunately we cannot contact 3rd parties on your behalf.Please also take note, court staff are not legally trained and cannot offer advice beyond court procedure. If you are unsure of how to proceed it is strongly advised you seek legal advice, either privately or via the citizens advisory bureau.I hope this is of some assistance.
If you require any further information please email us or contact the helpdesk on the below number.
Kind RegardsJake Nichols
Correspondence Section
Administrative OfficerThat was the response from the court
Expert:  Jo C. replied 1 year ago.
Yes, you have to get proof of payment but that shouldn't be difficult to do.
Customer: replied 1 year ago.
With that info i have on the CCJ how do I find out who it is
Expert:  Jo C. replied 1 year ago.
It should show who the CCJ is with.Your experian report will show it as a useful contact.
Customer: replied 1 year ago.
Ok ill check it now. think you got me motivated.
Expert:  Jo C. replied 1 year ago.
No problem. All the best.
Customer: replied 1 year ago.
Hi again, just paid £15 I cant see it
Expert:  Jo C. replied 1 year ago.
No sure what you mean?Do you mean on Experian?
Customer: replied 1 year ago.
Yes checking where that CCJ is from. just my bank, phone & an odd one NEWDAY LTD googled it its a credit card never had it or applied for one but the CCJ just say northhamton court
Expert:  Jo C. replied 1 year ago.
It is not there at all?
Customer: replied 1 year ago.
nope
Expert:  Jo C. replied 1 year ago.
That would tend to suggest that it isn't visible to your creditors then.
Customer: replied 1 year ago.
really I'm lost
Expert:  Jo C. replied 1 year ago.
If it is not on Experian then it should not be visible to your creditors.
Customer: replied 1 year ago.
Entry number: J1NameMR OWEN GREENAddress BRYNARFOR
CARDIGAN ABERPORTH
SA432EU CourtNORTHAMPTON COUNTY COURTCase NumberA0XC5393Amount£1,757.00Information SourceRegistry Trust Ltd
Record DetailsDate22 May 2014Information typeJudgmentNoteIf
Expert:  Jo C. replied 1 year ago.
Yes, you mentioned that above.
Expert:  Jo C. replied 1 year ago.
I presume that is not on Experian?
Customer: replied 1 year ago.
no it is
Expert:  Jo C. replied 1 year ago.
Then it should not be visible to your creditors.
Customer: replied 1 year ago.
that is what i copied & pasted just from experian
Expert:  Jo C. replied 1 year ago.
Sorry, I see what you mean. It is on Experian.If you look down your report they should have a list of useful contacts.
Expert:  Jo C. replied 1 year ago.
If you open up your report and scroll down to 'view lenders or other organisations contact details' you should find it there.
Customer: replied 1 year ago.
Yes you said that, I've had look cant see useful contacts only "lenders or other organisations. yes looking at that as i said above too.
Expert:  Jo C. replied 1 year ago.
That is where it should be.
Customer: replied 1 year ago.
Nope just the court details
Customer: replied 1 year ago.
I'm looking at it right now
Expert:  Jo C. replied 1 year ago.
You could contact Experian about that. No point in having that section if they don't keep it up to date.Failing that, you could always call the court or Trust online and ask them who the CCJ is with. Normally it is obvious but it isn't really here.
Customer: replied 1 year ago.
yes this is circle i go in round and around in
Expert:  Jo C. replied 1 year ago.
They both should be able to tell you who has the CCJ.
Customer: replied 1 year ago.
Sent them an E-mail
Customer: replied 1 year ago.
credit reports are a load of codswolaps just checked previous reports up till last aug it was over 900 since then its nose dived to 694 in the poor cat! before i was in a bad stat of affairs recently never been better. the two bad things pushing the score down is the CCJ unsatisfied when it is & not on the electriol roll when i am but it reflects nothing to what the bank sees i carnt even get a normal bank account let alone a mortgage. credit report is just a money making game just paid another £15 to see a poorly kept website and no gain i must have done this to a total of couple of hundred quid to them by now over the years to gain not a lot. I've sent an e-mail about it, where they will come back to say "you need to chase that up" what am i paying for all the time.
Hey Jo, I must go otherwise ill still be grumpy for work tomorrow. What a day... another dollar earnt another few more lost, night night.
Expert:  Jo C. replied 1 year ago.
Yes, they are. They have recently changed the way they record as well. Experian are fairly well kept though.

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