URGENT! Marstons threatening to take my parents stuff

[scaredshirtless]

Hi everyone

I've read through various threads and can't seem to find a similar resolution to my problem. I also feel like, in my naivety, I've broken all the golden rules when it comes to dealing with bailiffs.

I received a £180 fine from the courts for uninsured vehicle in February. The payment agreement was £5 per week, as I am a carer for my ex partner.

While I was making payments in good faith, I stupidly did not stick to the weekly payments and then accrued arrears of 8 weeks. A distress warrant was issued for recovery of the £55 remaining amount. Since Marston's visited the address, the amount is now £355!!!

To clarify my personal situation. I stay at my parents in the evenings only. I own nothing, as I had to give up work to care for my ex partner and our kids. I can actually pay the outstanding fine of £55, but cannot afford the extra 300.

I stupidly rang the mobile number on the hand delivered letter and spoke to the bailiff. He is adamant that he will be seizing my parents property, unless we can provide named receipts for everything. Who has named receipts for every item in their property?

I accept that u have been stupid up to this point, but I don't want my parents suffering as a result of my inaction. A couple of questions if I may:

Could/should I pay the outstanding £55 to the court directly and what effect will this have on the bailiffs actions?

I noticed a declaration proforma on another page. Is this something my parents can fill out to keep them away from their stuff?

Any advice asap would be great. I'm shirting myself as they are coming round tomorrow to collect.

[wales01man]

Re: URGENT! Marstons threatening to take my parents stuff

Advice will come along soon but the first thing is stay calm the bailiff cannot take anything that is not yours

[scaredshirtless]

Re: URGENT! Marstons threatening to take my parents stuff

Thanks, but where does the burden of proof lie regarding ownership?

[bluebottle]

Re: URGENT! Marstons threatening to take my parents stuff

A bailiff can only seize goods belonging to a debtor. Seizing third-party goods is a no-no. The £300 is the fees HMCTS allow them to charge for collecting unpaid fines. Did you receive a document called a Further Steps Notice prior to Marstons becoming involved? This document is a legal requirement.

The Statutory Declaration you refer to should stop the bailiff attempting to seize your parents' property. However, in order for the SD to be valid, it will need to be notarised (countersigned) by a legal professional. That will cost £5-£10. Have, say four or more copies notarised. One copy is handed to the bailiff and another court would be best being deposited with the court that imposed the fine.

Pay what you can afford to the bailiff. If they refuse to accept what you offer or attempt to seize your parents' property, escalate the matter to HMCTS.

[CleverClogs]

Re: URGENT! Marstons threatening to take my parents stuff

When I first saw this listed, the subject line read:

"URGENT! Marstons threatening to take my parents"

My immediate reaction was that the threat would be a novelty, even for them! msl:

[labman]

Re: URGENT! Marstons threatening to take my parents stuff

Have you read this?

http://www.legalbeagles.info/forums/...s-Courts-Fines

The critical thing here is whether or not you received the Further Steps Notice. If you didn't, the court should (they don't always, but they should) call off the bailiffs and put you in the position you would have been in had they issued the notice.

If you could answer this first, that would be helpful, thanks.

[scaredshirtless]

Re: URGENT! Marstons threatening to take my parents stuff

Have you read this?

http://www.legalbeagles.info/forums/...s-Courts-Fines

The critical thing here is whether or not you received the Further Steps Notice. If you didn't, the court should (they don't always, but they should) call off the bailiffs and put you in the position you would have been in had they issued the notice.

If you could answer this first, that would be helpful, thanks.

Hi, yes the court sent a further steps notice.

[bluebottle]

Re: URGENT! Marstons threatening to take my parents stuff

Then HMCTS have followed the law to the letter by issuing the Further Steps Notice. The £355 is made up of the £55 outstanding amount plus the £300 Marstons are permitted to charge by HMCTS.

However, your parents do need to get the SD done today, if at all possible, to prevent Marstons attempting to remove their goods.

[scaredshirtless]

Re: URGENT! Marstons threatening to take my parents stuff

Thanks for the advice. I'm happy that everything has been done lawfully and accept the situation. To clarify, If the SD is completed and notarised, Marston's will not be able to lawfully remove ANY of my parents property within the house and boundaries? Furthermore, what would you advise regarding payment to Marston's? Are they obliged to agree a payment plan for example?

[labman]

Re: URGENT! Marstons threatening to take my parents stuff

If the SD is completed properly, the bailiffs should not take anything which does not belong to you. If they did, they would be fully accountable for doing so if they'd been given the Statutory Declaration.

As regards a repayment plan, you can ask, but at this stage it is unlikely they will accept one. Your best bet would be to go to the court and ask for a Means Enquiry Hearing if you can't afford to pay - have a read of the link in post 6 which tells you about these.

[scaredshirtless]

Re: URGENT! Marstons threatening to take my parents stuff

If the SD is completed properly, the bailiffs should not take anything which does not belong to you. If they did, they would be fully accountable for doing so if they'd been given the Statutory Declaration.

As regards a repayment plan, you can ask, but at this stage it is unlikely they will accept one. Your best bet would be to go to the court and ask for a Means Enquiry Hearing if you can't afford to pay - have a read of the link in post 6 which tells you about these.

I can actually pay the remaining £55 off, its just the remaining £300 that I have no chance in raising on top of everything else. Is there any way of making the fees 'go away' if I pay off the original fine?

Another question in the context of an update: my parents have completed the SD and I have let Marston's know about it (they were NOT happy!) They now say they will carry out "a full financial background check" to find further addresses for them to attend. So my questions follow that:

* the only address I think they might find is my ex-partners' house. She is mentally disabled (claiming DLA) and a single parent. What can the bailiffs do at her house?

*does anyone have any information on the supposed "full financial background checks" that they threaten?

*if they don't have any leads, what will be their next course of action?

Thanks again.

[wales01man]

Re: URGENT! Marstons threatening to take my parents stuff

If there is nothing of yours at her house they can do nothing if they turn up there tell her to phone the police they have as much right to go there as to come to my house for your debt glad they were not happy

[labman]

Re: URGENT! Marstons threatening to take my parents stuff

They are not happy because they thought they'd get the levy at your parent's house. They can get as many addresses as they want, but if the property doesn't belong to you they can't take it. As the saying goes, they can't have what you haven't got. #

You can pay the court fine in the court and get a receipt stating the court fine is satisfied. This will get the court off your back and stop any action from them - there's like an ATM in the court where you can make payment. The £300 fees will still be outstanding though, and the bailiffs are entitled to charge these, despite what one other prominent site claims (if you doubt this, read the lenthy series of stickies in the bailiff section explaining why and how they can claim these fees).

The question then comes to what would the bailiffs do to get their fees if you have nothing? They will have the distress warrant valid for 180 days (ticking past as each day goes by) allowing them to force entry for their fees under the original distress warrant. I can't see any real alternative to them accepting what you pay them. You won't make them go away, but you will pay it back at an affordable rate. Now the biggy and I just don't know the answer to this, sorry, I don't know whether they could take further action action against you under the original warrant. Hopefully you could pay a regular amount and settle it at a rate you can afford; even if they took you back to court, they can't have what you've not got, and as long as you're seen to be paying a set amount regularly as clockwork, without fail, it's hard to see what they could do.

Don't take this post as gospel truth. The bit about the court fine is definitely correct, but the fees I'm uncertain about. I'll pm someone to try and look in to this reply for you.

[labman]

Re: URGENT! Marstons threatening to take my parents stuff

If there is nothing of yours at her house they can do nothing if they turn up there tell her to phone the police they have as much right to go there as to come to my house for your debt glad they were not happy

The police won't do anything. :beagle: