Hello all, any advice appreciated! Marstons Bailiffs

[Mrs-C]

Hi, any help or advice would be greatly appreciated here! I received a hand delivered letter through the post box today from Marston's Bailiffs. I was in when they called but don't answer the door to people I don't recognize. The letter says the client is HMCTS and they want £575 off me in the next 24 hours or they will remove and sell my property. I know what it's concerning. A few months ago, I received a fine for not having a TV licence (I was paying monthly but switched banks and totally forgot to set up another DD). Stupidly, I didn't pay the fine and buried my head in the sand, ignoring another couple of letters off the court.
I was just wondering what to do now. Can the bailiffs come back and force entry? Is it common for them to do that? I have no credit to phone them, and no money to use a pay phone, so I sent them an email including my phone number but have heard nothing back. Are they likely to accept a payment plan when I tell them I am a single parent on JSA?

[bluebottle]

Re: Hello all, any advice appreciated! Marstons Bailiffs

You need to speak to the court first thing tomorrow morning and ask for a Means Hearing. Don't be put off by any crap along the lines of "You have to deal with Marstons." The fact is, HMCTS are 100% vicariously-liable for the conduct of Marston Group and their bailiffs. Giving you 24 hours to pay is insufficient and the fact you are on JSA means you are classed as potentially vulnerable, which is why you should contact the court tomorrow. Ring the court switchboard and ask for the name and telephone number of the HMCTS Enforcement Manager for that court and speak to them.

Marston Group cannot force entry without written authorisation from the court and this is rarely given. It is intended, mainly, for those who repeatedly and intentionally avoid paying fines.

I can tell you Marston Group will tell you they won't accept a Payment Plan and you must pay in full. This is because the court won't pay them any fees until they have collected the fine. Don't be put off by this either.

Could you post up how much the fine is, as prescribed by the court at the original hearing, please? Marston Group are known for their dishonesty.

[Mrs-C]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Hi, thanks for the advice The original court fine was £200.

[Mrs-C]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Also, this is the first time I have received any sort of fine so I'm definitely not a repeat offender

[bluebottle]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Already, I have spotted an irregularity with what Marston Group is demanding.

Fine = £200
Administration Fee = £85
Attendance Fee = £215 (Cannot be charged unless they actually attend to levy)

The most they can charge, provided they actually attend, is £500. If all you have had to date is a letter, the most is £285. So where do they get £575 from? This is why you need to speak to the HMCTS Enforcement Manager at the court first thing tomorrow morning. Check out this link.

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

[Mrs-C]

Re: Hello all, any advice appreciated! Marstons Bailiffs

I've phone the court and got an automated message telling me to call Marstons. Then the bailiffs turned back up this morning. I opened the door with the chain on and they didn't ask me for any money, just said they will be back either this afternoon or tomorrow morning with the police and a locksmith as they have a distress warrant so they can force entry. Is this true? I'm really worried now. I told them I was hoping for a means hearing as I am a single parent on jsa, they said it doesn't matter and they'll be back. :tinysmile_cry_t:

[bluebottle]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Marston are, as per usual, engaging in intimidation and bullying. They cannot attend with a locksmith and the police unless they have written authorisation from the court and should give you at least five days to pay. This they have not done.

It sounds like you were messed about by the court and should ring the court switchboard again and ask for the name and direct telephone number of the HMCTS Enforcement Manager, not the Enforcement Section. Do this straightaway and be persistent and firm with the court staff if they try to mess you around again.

[Mrs-C]

Re: Hello all, any advice appreciated! Marstons Bailiffs

If Marston were given written authorisation from the court to force entry, would I be made aware of this? How likely is this to happen? I'm back on the phone to the court at the moment and they have me on hold

[bluebottle]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Firstly, they would have the police with them and are required to show you the written authorisation. The police will also have asked to see the authorisation. It is the job of the police to prevent a Breach of the Police and not assist the bailiffs to gain entry. Marston are well-known for lying to debtors, the courts and the police. Recently, a case came onto the LB forums where Marstons were deliberately trying to justify forcing entry by claiming the debtor was avoiding the fine. I believe the OP contacted the HMCTS Enforcement Manager and the matter was sorted out. Marstons were not best pleased, but they should not have behaved like the bullies they are in the first place.

[Mrs-C]

Re: Hello all, any advice appreciated! Marstons Bailiffs

So is the forced entry written authorization separate than the distress warrant?
Well I'm not having much luck with the court, they had me on hold so long my credit ran out (almost £9) :tinysmile_cry_t:

Also, I have one more concern, what if my 10 year old son was to unwittingly let them in? Can they levy and remove goods at the same time?

[Mrs-C]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Also, I just found this which is quite interesting http://www.whatdotheyknow.com/reques...68747.doc.html

[ploddertom]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Seems to sort the position out with regards to locksmiths etc.

[ploddertom]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Before Marstons were involved did you receive a Further Steps Notice from the Court - a legal requirement? Are you still living at the same address as when the offence was committed?

[Mrs-C]

Re: Hello all, any advice appreciated! Marstons Bailiffs

Yes I'm at the same address, and I did have a couple of letters off the court but I stupidly didn't read them!

[bluebottle]

Re: Hello all, any advice appreciated! Marstons Bailiffs

So is the forced entry written authorization separate than the distress warrant?
Well I'm not having much luck with the court, they had me on hold so long my credit ran out (almost £9) :tinysmile_cry_t:

Also, I have one more concern, what if my 10 year old son was to unwittingly let them in? Can they levy and remove goods at the same time?

A forced entry authorisation is separate from the Distress Warrant, which does not authorise forced entry, despite what Marstons may try and have you and the police believe. If a child under the age of 12 years is the only person present when a bailiff calls, they MUST walk away and return later. They must NOT seek entry or attempt to enter. If they enter or attempt to enter, they could find themselves in very serious trouble indeed. The last question you ask, the answer to that is no, they cannot levy and remove on the same visit. To the best of my knowledge and belief, they have to have a valid levy before they can remove.

But you must speak to the HMCTS Enforcement Manager asap. Which court is involved, please?