Marston Bailiff came today!

[macajl08]

Please help, I am in a bit of a stew!

My husband had a fine for non payment of tv license, we were paying it at £20 per month and though it had ended. We were sent a letter to say still owed £25 so I paid it as soon as I could. 2 days later we had a letter from Marston saying we now owed £100 as they had added £75 charges and pay in 7 days I think. As I had paid the £25 I ignored it......big error as a bailiff has been to the house today and told my husband he is going to seize the car (on hire purchase in my name and used (sign written) for my husband's self employment) unless we pay £310. We do not have this money but will next week as I get paid. He refused to accept this and hubby put him on the phone to me.

The Court confirmed we have paid the £25 but let the bailiff get on with it. Bailiff told me he was being nice as should clamp the car and has given us til Friday to pay even though we can't then he says car will be taken from midnight Friday.

I am trying to see if I can borrow money but not sure if I can, is there anything I can do???

Thanks in advance!

[Johnboy007]

Re: Marston Bailiff came today!

The bailiff cannot lawfully clamp or seize the car as it is on hire purchase and does not belong to your husband.
Bailiffs do not have a right to enter your house unless they have a warrant from the court authorising entry.
Do not let the bailiff into your house, even if he says he just wants to use the loo.
No bailiff is being nice, they are just after money.
If the bailiff returns, ask him for a breakdown of all charges.
If he doesn't give them to you, then don't pay him.
As the fine has been paid, then you have the upper hand.
Someone on here will advise you on further action.
But the car is quite safe, and the bailiff knew it.
He wasn't being nice, by not clamping it.
He knew he couldn't lawfully clamp it.
He also committed an offence by stating that he could take an action, when he knew that lawfully he was not able too.
He cannot seize the car from Midnight Friday, or any other time.
The car is not your husbands, It belongs to the finance company and cannot lawfully be taken.
This is from the Taking Control Of Goods Act Legislation which came into force in April 2014
Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to;
Falsely implying or stating that action can or will be taken when legally it cannot be taken by that agent
Have a look at the enclosed files....
You need a PDF viewer to be able to open them.
Adobe Reader for example... Available free online
These two files will give you all the information you need on what a bailiff can and cannot do.
The National Standards, are what bailiff companies are expected to adhere too.
But some rarely do.
Don't worry...........