Bailiffs and probate
Bailiffs and probate
Hi, this is my first time posting here and some advice would be gratefully received. I am subject to a debt that until recently I had no knowledge of. It is for a speeding conviction that was heard in a magistrates court without my knowledge. I was caught by a mobile camera unit apparently and didn't know about it as I moved house shortly after. I am not disputing that it is legitimate although it is hard to deal with something I had no knowledge of I accept it was be and I know I have no leverage as far as ignorance goes. So this all means it isn't an easily dealt with fixed penalty, and because it was dealt with in a magistrates court albeit in my absence and without my knowledge it is now a criminal conviction. I had a bailiff attend the house I am currently living in yesterday who informed me he was going to enter the premises with or without my permission, to which I assured him was not going to happen. Although at the time I was somewhat in the dark about the whole matter, I informed him that even if the debt was legitimate the property and it's contents are currently in probate (it is my deceased father's former home, which after probate I will own) Now, this is where I would like to know the legal position, as I would be absolutely stunned if he would be allowed to force entry to I property not owned by myself and that is in probate. The laws I though were that no party is permitted to remove or sell goods until probate has settled. Some advise would be great please. Also I would like to point out that I am prepared although far from happy about the nature of how this debt came to be I accept it will have to be paid and did offer part payment to the bailiff with weekly payments thereafter until settled (3 months would have been the timeframe to clear it). Thank you in advance for any advice.
Re: Bailiffs and probate
If you had no previous knowledge of a court fine, then you make a statutory declaration under section 14 of the Magistrates Courts Act 1980, and that will revoke the conviction, the court fine and the enforcement in one fell swoop.
Here is how to make a section 14 statutory declaration.
https://stopthebailiffs.uk/bailiffs-unk ... -fine.html
It doesn’t matter if you moved house after you were convicted or fined.
The fact that a bailiff contacted you at your new address proves, he knew he was trying an enforcement step knowing you had not been given a statutory notice of enforcement.
The address on the warrant does not match the address he found you. So make him produce evidence of the enforcement power and evidence of his identity. Here is a template.
https://stopthebailiffs.uk/template-get ... icate.html
If a bailiff takes control of goods that are held by a trustee in administration of the deceased estate because they were owned by the deceased debtor, the executor makes a third party claim on the controlled goods.
Here is how to make a third party claim.
https://stopthebailiffs.uk/interpleader ... R85.4.html
They are not owned by the beneficiaries until the executor has administered the estate, and that cannot be done until after the grant of probate has been issued and attached to the front of the Will, or, if there is no Will, the executor has been given letters of administration.
Bailiffs cannot force entry to any property other than there the debtor usually lives or carries on a trade or business.
Forcing entry is seldom used, because the litigation that follows makes the case financially toxic for the commercial bailiff company charged with recovering the unpaid court fine.
When I bring a case for breaking entry for an unpaid court fine, the bailiff company sees little change from £8,000 in costs, and that does not include the client's, or owners damages their property.
In the meantime, get that section 14 done ASAP. That kills off the enforcement power with immediate effect from the moment it is sent by recorded delivery to the fines officer.
Here is how to make a section 14 statutory declaration.
https://stopthebailiffs.uk/bailiffs-unk ... -fine.html
It doesn’t matter if you moved house after you were convicted or fined.
The fact that a bailiff contacted you at your new address proves, he knew he was trying an enforcement step knowing you had not been given a statutory notice of enforcement.
The address on the warrant does not match the address he found you. So make him produce evidence of the enforcement power and evidence of his identity. Here is a template.
https://stopthebailiffs.uk/template-get ... icate.html
If a bailiff takes control of goods that are held by a trustee in administration of the deceased estate because they were owned by the deceased debtor, the executor makes a third party claim on the controlled goods.
Here is how to make a third party claim.
https://stopthebailiffs.uk/interpleader ... R85.4.html
They are not owned by the beneficiaries until the executor has administered the estate, and that cannot be done until after the grant of probate has been issued and attached to the front of the Will, or, if there is no Will, the executor has been given letters of administration.
Bailiffs cannot force entry to any property other than there the debtor usually lives or carries on a trade or business.
Forcing entry is seldom used, because the litigation that follows makes the case financially toxic for the commercial bailiff company charged with recovering the unpaid court fine.
When I bring a case for breaking entry for an unpaid court fine, the bailiff company sees little change from £8,000 in costs, and that does not include the client's, or owners damages their property.
In the meantime, get that section 14 done ASAP. That kills off the enforcement power with immediate effect from the moment it is sent by recorded delivery to the fines officer.