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Thread: Marstons broke my locks HELP URGENT

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    Default Marstons broke my locks HELP URGENT

    Can someone give me some advise please. I had a court fine for tv licence. I spoke to marstons who refused to set up an arrangement because I went over by 1 day! The bailiff came 3 times and posted letters through and i told them i cant pay as i dont work i have a 9 month old baby and 2 and 3 and 8 year old, he didnt want to listen to anything, He came this morning with a locksmith and drilled my back door i have nothing of value, a sewing machine and cooker thats my mums which she ia going to take. Other than that they got a tv which is damaged and a few small things.

    He wants nearly £1000.00 and I dont have it. I have rung everyone and anyone but no one has that kind of money. I emailed and rang the court and they don't want to know. They told me its been issued correctly. My husband has tried to get the money together and they were speaking to him as I couldnt deal with and I dont work.

    I dont know what to do. Please can someone help me as I dont have that kind of money
    Last edited by Namsey78; 11th April 2017 at 12:24:PM.

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    Default Re: Marstons broke my locks HELP URGENT

    Any body???

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    Default Re: Marstons broke my locks HELP URGENT

    sit tight ... I'm sure someone will be along soon

    I'll tag @ploddertom @bizzybob for you xx
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    Default Re: Marstons broke my locks HELP URGENT

    Thank you. I split from my husband for a while and got in a mess and i contacted stepchange for help but marstons dont want to know anything and i'm on the verge of a breakdown now. There is noway we can arrange that kind of money. A neighbour told me it will eventually go back to court they wont break the locks but they did. He was in hospital because he nearly took his thumb off at work, his fault so he cant sue or get paid for it. So we really struggling financially with 4 children.

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    Default Re: Marstons broke my locks HELP URGENT

    Did you know about the original Court case & fine?

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    Default Re: Marstons broke my locks HELP URGENT

    I didnt know abou the original court case i only found out when the fine cane theough and asked the court what it was about and i told them i will try and pay £5.00 a week but i'lk be honesy I didnt with all the issues with my family for moving away from my inlaws. They were screaming and shouting because my husband moved in with me and left his family, pur culture its the woman that does that so I had all that going on and by the time things settled marstons turned up. I moved town with 3 kids away from them as i couldnt take it anymore but landed in more trouble, should have stayed with them and taken their abuse!!!!

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    Default Re: Marstons broke my locks HELP URGENT

    I send a long email explaining my siutation the fines manager and she emailed back everything is correct and it is with marstons I have to deal with them. They've said they're coming back tomorrow and will break the locks agaib and charge me another 300 for it. I cant get that kind of money from anywhere and the courts don't want to know. They're said they're back in the morning with the lock smith again. I have told them I cant pay
    Last edited by Namsey78; 11th April 2017 at 12:25:PM.

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    Default Re: Marstons broke my locks HELP URGENT

    The problem is having let it get to this stage, how long ago did this start?

    There will have been quiteb a bit of communication from the Court and essentially they are looking at it as if all has been ignored. Unfortunately once Bailiffs are involved the Court will refer you to them.

    You say they drilled your back door - did they gain entry and did they seize any goods and ask you to sign a Controlled Goods Arrangement? If so what was listed exactly as described on the Form? You also make reference to a car - what sort of value is it worth and who actually owns it? Were you given new keys for the new lock they should have fitted and were you given any paperwork about the cost of all this? I cannot see why they should need to come back again with a locksmith if they have already done it this morning.

    The thread of forced entry is for when they know you are at home but refuse to engage with them. They would also have to have a good idea there are goods inside that are worth seizing and removing for sale - if you owed £1000 then they should be looking for approx £5000 minimum as auction values are very low. Given most household items are now exempt then in my view he is chancing his arm by doing this unless you have a couple of Bentleys on the drive and wear a Rolex on each arm.

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    Default Re: Marstons broke my locks HELP URGENT

    The letter from court came in january apparently the case was in october. They did come and knock on the door once at 6 but i didnt open it and second third time i wasnt at home. I dont own a car and the things they listed was a sewing machine, a crappy old lcd tv i got from a friend for 70 quid its 50 inch but its all sratched a blender i old cabinet a microwave and a broken cooker that dont belong to me and the sofas which are also broken, makes me laugh as this lot wont even get 200 quid at auction as i really dont have anythong of value, i ended up starting on my own again a year and half ago and couldnt afford anything. Its all second hand and mostly broken. He posted a letter about just over a week ago and i rung him n told him i cant pay. I dont have the money and nothing of value as they checked everything.

    They put a list together but I didnt signed anything and the car isnt ours.

    - - - Updated - - -
    Last edited by Namsey78; 11th April 2017 at 12:27:PM.

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    Default Re: Marstons broke my locks HELP URGENT

    I wasnt given any paperwork with the locks and he did put a new lock in they said its nearly 300 quid for that and he got in from the back door entry

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    Default Re: Marstons broke my locks HELP URGENT

    Quote Originally Posted by Namsey78 View Post
    Thank you. I split from my husband for a while and got in a mess and i contacted stepchange for help but marstons dont want to know anything and i'm on the verge of a breakdown now.

    There is no way we can arrange that kind of money. A neighbour told me it will eventually go back to court they wont break the locks but they did.

    He was in hospital because he nearly took his thumb off at work, his fault so he cant sue or get paid for it. So we really struggling financially with 4 children.
    I will try to address each point you have raised above:

    Have you contacted Stepchange for assistance with this matter?

    Are Stepchange assisting you with your other debts?

    Your neighbour has given you extraordinarily bad advice. The debt is a court fine and the warrant itself permits bailiffs to force entry. That bad advice has directly led to you being charged an additional £300 locksmith fee.

    Ploddertom is correct, as forced entry has already taken place, there will not be second locksmith attendance.

    Coming back to the court fine, you have said that you contacted the court and offered to pay £5 per week but that you didn't make any payments. Just so that you are aware, if somebody has a court fine and is unemployed and in receipt of benefits, the law provides that the minimum payment that the courts can accept is set at £5 per week.

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    Default Re: Marstons broke my locks HELP URGENT

    Ok, he did give me a letter which says inventory on it and seperate one with the list of things, and no offence taken as I genuinely can't afford to get anything. Nothing else was left and I didnt sign anything. They were speaking to my husband. I will email the court asap but they dont want to know really.
    Last edited by Namsey78; 11th April 2017 at 12:27:PM.

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    Default Re: Marstons broke my locks HELP URGENT

    Another question, do they use cameras? I told him on numerous times i dont own the car and it doesnt belong to me. My husband uses it for work. He's been speaking to my neighbours about this when i wasnt in and i can prove I wasnt in as I went to the job centre of all places and have a letter showing this. Can he discuss my account with my neighbours and will he have recorded what was said? He knocked on like 5 doors and all of them told me 2 didnt open the door but the nosy one did and he was talking to her she told him i drive a car but it doesnt belong to either of us, it belongs to a friend and i'm borrowing it.

    - - - Updated - - -

    Can they take the few broken things I have?
    Last edited by Namsey78; 11th April 2017 at 12:29:PM.

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    Default Re: Marstons broke my locks HELP URGENT

    The second document just says good taken into control at the top and lists the few items nothing else

    - - - Updated - - -

    So if i copy most of your message and send it to the fine manager do you think it will stop them because these guys were horrible and ruthless. I dont want them coming back, the manager did respond straight away but shes wasnt very helpful. Can they take it back on the grounds that marstons paperwork wasnt correct?

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    Default Re: Marstons broke my locks HELP URGENT

    No thats fine I would rather the court take it back and I can go into an agreement with them as I cant afford to pay nearly £1000.00.

    I'll put the email together now, i'll copy the above info and see what happens as they're coming back tomorrow and have said they are going to break the locks again and take the car and report it

    - - - Updated - - -

    Ok thank you sooooo much, pls keep your fingers and everything crossed that she agrees to take it back.
    Last edited by Namsey78; 11th April 2017 at 12:30:PM.

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    Default Re: Marstons broke my locks HELP URGENT

    Quote Originally Posted by Namsey78 View Post
    Ok, he did give me a letter which says inventory on it and seperate one with the list of things, and no offence taken as I genuinely can't afford to get anything. Nothing else was left and I didnt sign anything. They were speaking to my husband but can they take the car? Its not even registered to either of us as I have just sent the log book of now in his name. I will email the court asap but they dont want to know really.
    I'm not directing this comment to you but just making the point so that anyone with a TV Licence fine will take heed.

    According to HMCTS, the vast majority of people receiving a summons (or Single Justice Procedure Notice) relating to using a TV without a licence, fail to respond to the notice. This is a huge problem and one that has serious financial implications for the debtor. Firstly, almost everyone receiving a summons (or Single Justice notice) would have received a personal visit from a TV Licence Enquiry Agent and would have signed a statement confirming that they had been viewing a TV without licence. That document is used as a 'prosecution statement'. Therefore, in almost all cases, a person receiving a summons should be entering a guilty plea. If they do so, they will automatically be entitled to a one third reduction in the court fine.

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    Default Re: Marstons broke my locks HELP URGENT

    Honestly she didnt say anything to me, she goes shes just here to set up a direct debit. I just came out of hospital having a really bad birth experience and that was the last thing on my mind. I had a c section and started bleeding badly, i really thought i was going to die because the dr tells you if you heamorage there is nothing they can do!!! Excuse my spellings. I've had a tough 2 years and this is just the icing on the cake!!!

    - - - Updated - - -

    Please check to see if the email is ok to send or if I need to amend or add anything, wasnt sure what to copy exactly.


    Thank you for your responce but I have no means of settling this debt in one go as I have repeatedly tried to explain to both the court and Marstons.

    Marstons have now forced entry into my home. However, they have failed to issue me with a mandatory Notice after entry, pursuant to paragraph 28(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007:

    After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing.

    The enforcement agent has now searched my home and has satisfied himself that there are no goods of value. The enforcement agent is threatening repeat visits to force entry. After getting legal advise I have been advised that regulation 24 of the Taking Control of Goods regulations 2013 restricts repeated entry with or without a warrant. I was given no paper work showing the forced entry or cost if breaking in. The only paperwork they left was an inventory paper listing the few things I own. They even checked under my beds to see if i am hiding anything.

    Due to these extremely serious breaches of legislation, again I am pleading with the court to take this case back from Marston and that i am given the opportunity to enter into a sensible, affordable and sustainable repayment plan.

    I would like to add that as there are no goods in my property worth the fine amount let alone the amount they are requesting. They have listed 2 sofas which are broken, an lcd tv which is also broken in a corner, a sewing machine, a broken cooker which is my kitchen, a blender, a computer tower that is 10 years old and a broken printer all can be tested as they don't work and a microwave which I use for my children. I have nothing of value.

    They said their cameras are on and you can check yourself which paperwork was left with me. The gentleman walked out and he was speaking to my husband, he refused to talk to me and the fine is in my name. This can also be viewed on his recording. My husband said he will try to find the money but after contacting everyone and anyone we have had no luck. We cannot get together the amount they are requesting.

    I am also making you aware that I was not informed of the original hearing as i would have attended and pleaded my case myself.

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    Default Re: Marstons broke my locks HELP URGENT

    This is wha i got from the manager
    Dear xxxxx

    I acknowledge receipt of your e-mail received today and have since confirmed the following over the telephone.

    All enquiries reveal that the Warrant of Control was issued correctly on the basis that you failed to pay as agreed and no further contact was made to the court. Once a Warrant of Control has been issued there is no power to recall until Marstons return the warrant to the court.



    Yours faithfully

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    Default Re: Marstons broke my locks HELP URGENT

    Ok thanks

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    Default Re: Marstons broke my locks HELP URGENT

    Another silly question but can they go through my post? He goes he can do what he likes, i told him its private and he just ignored me and carried on.

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    Default Re: Marstons broke my locks HELP URGENT

    Yes she did but she has bailiffs knocking all the time!!

    And yes I do contact stepchange I have a case number with them. I called today and they are always busy, was on hold for 20 minutes and my little one started crying i put the phone down but marstons told me when i contacted their office they don't take that into conaideration at all that.

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    Default Re: Marstons broke my locks HELP URGENT

    My personal opinion is that Marston's will more likely than not, return the warrant back to the court. Either that or the court may wish for the account to be administered by Marston's in-house Welfare Dept. What they will not be doing is to use a locksmith on a second occasion.

    From your earlier posts, it is clear that you have known of the court fine for quite a long time and even offered to make payments at the very minimum allowed for anyone reliant on benefits (£5 per week) but that you defaulted on this arrangement. At the time, I assume that the debt owed would have been around £400. I am not sure whether you have made any payments at all to reduce the fine (perhaps you can let us know).

    You mention that you had previously sent a letter to the court.

    What was the basis of that letter?

    Did you outline your personal circumstances?

    Did you provide any details of your income?

    Did you outline an affordable payment proposal?

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    Default Re: Marstons broke my locks HELP URGENT

    I rang the court in january when i got the letter because I didnt know what it was for. And she said i have to pay £5.00 i told her ok i will try but couldnt. I told her on the phone what happened and she goes take up with TV licence! That was it and then a letter from marstons turned up, actually my neighbour number xx had it, she gave it me and i rung them straight away but the lady i spoke to said I had gone over by 1 day and they dont take into consideration that I contacted stepchange. Then i took the advice of a neighbour who has obviously.wrong but theres bailiffs at her door all the timexx i havent written to the court until earlier on today explaining my situation and she very nicely told me where to go!

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    Default Re: Marstons broke my locks HELP URGENT

    The bailiff said he's coming tomorrow and will break the locks again to collect payment 1 way or another, he's going to take the car which doesnt belong to us. He hasnt been working because he nearly took his thumb off and it went bad!!!! I would have paid when i got the marstons 1st letter of he was working and we had a full income. He's just gone back to work.

    I'm not home tomorrow my girl has ahospital appointment and i'm scared he is going to come back because he came twice today!
    Last edited by Namsey78; 11th April 2017 at 12:23:PM.

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    Default Re: Marstons broke my locks HELP URGENT

    Quote Originally Posted by Namsey78 View Post
    i havent written to the court until earlier on today explaining my situation and she very nicely told me where to go!
    You said this is your earlier post yesterday:

    I send a long email explaining my siutation the fines manager and she emailed back everything is correct and it is with marstons I have to deal with them.
    What I am trying to ascertain from you is this:

    When did you send your long email to the Fines Manager?

    What date did the bailiff force entry?

    In your long email, did you outline your personal circumstances (that you have recently been in hospital)

    Did you provide details of your income?

    Did you outline an affordable payment proposal?

    PS: When was the last time that you spoke with the enforcement agent?

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