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help and advice needed

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  • help and advice needed

    hi guys, i have been reading around on this forum trying to find a solution to my problem, i am now having to write a post because my head is swimming with such information that i'm all a bit confused. What i need is a step by step guide to what to do, a walkthrough if you like. well this is my situation....

    was rudely awoken this morning 17/2/09 at around 9am by a man at the door, he said he was a bailiff. "ok" i said, he asked for me by name and asked me to identify myself, which i did, when i asked him if he could identify himself, the question was brushed aside and he continued to tell me why he was here. It turns out he was here to take goods to the value of 760 pounds, the man put a foot in the door so i couldn't shut it (that old chestnut), he refused to show me any paperwork, all he kept saying was that if i refused him entry he would have to call the police and that he was there representing milton keynes magistrates court. I am afraid after 20/25 mins of this guy saying all this over and over to me and because of his refusal to show i.d. or any relating paperwork i didn't believe he was a real bailiff, so i struck out, saw red and pushed the man out of my front door. Unfortunatley, i have a step and he fell over and banged his head (oops). The fine was for no vehicle excise licence, i do remember driving a car for a couple of weeks with no road tax but once i was paid i bought some and back dated it to cover myself (so i thought). now this offence goes back to 2004 and this is the first i have heard about it, i have never been aware of any court procedings against me for this and i have never received any letters from marstons or indeed any bailiff or debt recovery agency.
    i have spent most of the day chasing this matter up with the court and the bailiffs. i spoke with the court they tell me that the original fine was £487 but will not take a payment, or payment proposal. I would have to contact the bailiffs, i contacted the marstons group, they tell me that they cannot deal with this but will put me through to the bailiffs mobile phone. So i spoke with the bailiff, he told me he has a distress warrant for me and that i have 10 days to find the money or he will take goods to the value of, and upon his return he would have a diferent kind of warrant, one where the police would gain entry on his behalf, and then he could seize goods. Is there any truth in what he says? Is there a warrant such as this?
    There was no room for negotiation, i did offer to make installments but he refused every suggestion i had, so this is where i stand at the moment.....

    i am on income support, my girlfriend is suffering from post natal depression after the birth of our 8month old son and we have another 2 children with us. we rent our home from a private landlord (unfurnished) we are over 2000 pounds overdrawn at the bank, and i now have this man telling me i have to give him 760 or loose some items from my home. i need to know what to do, i am not disputing the fact i owe the money (even if i did back date the tax) but i am not willing to pay in such a short amount of time. if possible, i need this to go back to court and be dealt with by way of a deduction in my benefit money each week because this is the only way i can pay this debt. Can this be done, and how?

    thankyou for any advice you can offer,

    dan


    Last edited by Paule; 17th February 2009, 23:56:PM. Reason: removed email address

  • #2
    Re: help and advice needed

    Bailiffs collecting magistrates court fines do have the power to break into your property I'm afraid even if you haven't granted access previously. This is why magistrates court fines such as this must be treated as primary debts.

    Have a look at this thread Bailiff Guide - Legal Beagles
    you should contact the court and request a Means Enquiry Hearing.

    Comment


    • #3
      Re: help and advice needed

      Hi There and welcome to Legal Beagles

      Someone will post some info and help for you soon.

      I have removed your email address from your post for security reasons, otherwise who knows who could have your email address. It is a public forum after all and we value our users security.

      PKea

      Comment


      • #4
        Re: help and advice needed

        Hi.

        Firstly, you need to edit your email address out of your post above, doesn't do to have personal info out in the open.

        I'm not too up on bailiffs You need to put in writing to them that you want a full breakdown of details of chages, case number etc. You should also make a complaint to the Court about his behaviour, refusal to show id etc. Bailiffs have a code of practice which they must adhere to and it seems this one obviously doesn't know what that is. They also must have a licence.

        Thats all I can think of at the moment but someone will be along with more knowledge than me.
        ------------------------------- merged -------------------------------
        someone with more knowledge beat me to it!!
        Last edited by WendyB; 18th February 2009, 00:03:AM. Reason: Automerged Doublepost
        Is no longer here

        Comment


        • #5
          Re: help and advice needed

          Hello and welcome to Legal Beagles.

          I was sorry to hear of your ordeal today with Marston. He should have shown you paperwork and he should have at the very least shown you proof of who he was.

          I know this will not help with you immediate problem, but have you suffered bank charges on your bank account! if you have you may well come under the FSA waiver rules for hardship and we may be able to help you with this.

          Is there any way you can borrow this money from a relative! to get this situation sorted!

          Comment


          • #6
            Re: help and advice needed

            thanks guys, no Tuttsi i dont have anyone who can lend me the money unfortunatley and my bank have not charged me outrageously, but thanks for your concern.
            PKea, thanks for your reply, and thanks for taking out my email, i wasnt thinking quite straight when i wrote the post.
            amy, so they CAN break into the house! wow that truly is an outrage, i think its time to hide and sell everything i own.
            this now brings up a whole set of new questions.
            what happens if the bailiffs call to take goods and there is hardly anything of value in the house?
            will i be charged extra for a van and man to take the stuff?
            what can they take and what cant they take?
            how about things my girlfriend owns and cant prove?
            what about baby items and the childrens things?
            how quick does the process take? i have until the 27th this month (feb) to find him the money, now if i dont have the money will the warrant be executed that same day? in otherwords, do i expect to see a van turn up with him or will that be sometime later? what sort of timescale are we looking at?
            again, thanks for your help in this matter.
            any ideas or suggestions feel free to contact me via this forum, i will have this site switched on all day now.
            ------------------------------- merged -------------------------------
            thanks wendy, i have found a few template letters on the net regarding this matter, i was thinking of sending them one asking for a breakdown, but i dont want to pi** them off. do you think it would buy me time? is there anything that can buy me time?

            just to let you know i am asking the court to have a means enquiry hearing now, but everyone is at lunch it will be after 2pm. i will have to call them back.
            Last edited by hollys_shack; 18th February 2009, 13:19:PM. Reason: Automerged Doublepost

            Comment


            • #7
              Re: help and advice needed

              There are template letters on here, too. Like I said I'm not an expert on bailiff matters, you need Cet or Amy for best advice on that. I'm sure they will be along later.
              Is no longer here

              Comment


              • #8
                Re: help and advice needed

                hi there just to let you know, the court have refused me a means enquiry, and i am worried that if i call the bailiffs and ask them to refer it back to the court then they will be round in a matter of mins to calculate what assets i do have. anybody know of way to get more time? i can pay but only in installments. its a nightmare at the moment with nothing but red tape and brick walls.

                Comment


                • #9
                  Re: help and advice needed

                  First of all you need to calm down a tad. I appreciate it's not easy and that it's very worrying, but you have to try.

                  They cannot take anything that doesn't belong to the debtor (you, allegedly) and no, they will not take your baby's things.

                  Did you read the link to the guide I posted for you yet? You should send the the bailiff an SAR (link is in that thread). Bailiffs have been known to make mistakes before and they could quite easily have you confused with someone else, given that you only have a vague memory of driving without tax in 2004.

                  You should also think about filing a Statutory Declaration if you genuinely did not receive notice of this action.

                  Comment


                  • #10
                    Re: help and advice needed

                    will do it this evening and get it in the post. will keep you posted. thanks amy

                    Comment


                    • #11
                      Re: help and advice needed

                      just a quick one to let you all know,
                      thanks for your help and advice, ive recommended you to loads of my friends now.
                      the bailiffs accepted my letters and considered them, then because i supplied proof of benefits and income and expenditure forms and the covering letter explaining that i was in "vulnerable situation" (benefits) and i would not allow them to enter my home peacefully to levy on my goods. they have sent it back to the court. i now have all fees dropped and the court today accepted my payment proposal, direct from my benefits at the moment until my circumstances change.

                      Comment


                      • #12
                        Re: help and advice needed

                        Excellent Holly, that's great news.

                        xx

                        Comment


                        • #13
                          Re: help and advice needed

                          That's lovely Holly well done.
                          Enaid x

                          Comment

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