Bailiff advice - urgent.

[Ap2134]

Hi,

Today I received a letter out of the blue from Marstons the bailiffs.
They are in possession of a Magistrates Court order for non payment of a fine (TV Licence), amount including fees which they are chasing is £1,323. Apparently I was fined in my absence 3yrs ago for not having a TV license, I don't dispute the fine but this is the first enforcement I've had of it.
Marstons have said they have sent me numerous letters regarding the fine but this is the first I've ever heard of it from them or anybody else chasing it but in the letter they say because I've ignored them they now want full payment in 7 days or else they are coming to take my possesions.

Basically, I was wondering if there was some way I could stop them from coming? I don't have £1300, I don't have £13 right now TBH so I can't pay. Is there any way I can contact the courts and have them stop the bailiffs from coming if I agree to some kind of payment schedule direct to the courts? I've heard of a statement of means, is it too late for this?


Worse case scenario: The Bailifs come, cany anybody answer these questions:
Can they break in to my house whilst I'm not there and just help themselves to goods?
My flat is fully furnished, the land lord owns the kitchen appliances (fridge, washer, cooker etc) and he owns some of the furniture and the LCD TV in the lounge, how do I stop the bailiffs from taking them? Especially so if they do it whilst I'm out?

Many thanks for reading.

[Guest]

Re: Bailiff advice - urgent.

Take a look at this thread, it deals with the issues you have raised.

Bailiff attends home, with Distress Warrant. - Legal Beagles

You must contact the Fines Department of the Magistrates Court to arrange a date when you can attend for a Means Enquiry Hearing. This should be done immediately. At this hearing, you will be required to complete an Income & Expenditure form in order that the Magistrates can agree repayments at an affordable level.

[Ap2134]

Re: Bailiff advice - urgent.

I phoned the fines department today and they would not deal with me. According to the clerk the matter is now solely in the hands of the bailiff and it is up to them how they execute the distress warrant. I was put on hold whilst the clerk asked her senior and the same message was conveyed.

Can these bailiffs come whilst I am not at home and break in? I'm very scared of them taking things that do not belong to me, if I'm not there I can't stop them.

[Amy]

Re: Bailiff advice - urgent.

Did you say that you wanted to arrange a Means Enquiry Hearing or did you just say you wanted to sort out lower repayments?

They could have got the wrong end of the stick here.

[Ap2134]

Re: Bailiff advice - urgent.

Did you say that you wanted to arrange a Means Enquiry Hearing or did you just say you wanted to sort out lower repayments?

They could have got the wrong end of the stick here.

No, I specifically stated I wanted a means enquiry. To go back before the Magistrates with a statement of my means.


In the mean time I've downloaded a copy of a Statutory Declaration for my partner to fill in declaring that the goods in the apartment are hers (she is the lead tenant and everything listed does belong to her) so I can stop the Bailiffs taking what is not mine.
I'm having trouble finding somebody to witness it and accept the oath, any ideas on where we can get that done?

Thanks

[Ap2134]

Re: Bailiff advice - urgent.

Anybody?
Can I get the Statutory Declaration, stating what my partner owns, sworn in at the local County Court or does it need to be a Solicitor??
TY

[Amy]

Re: Bailiff advice - urgent.

I cannot understand why the court clerk has informed you that they cannot help you, this is just wrong.

As for the Statutory Declaration, this can be done at most solicitors for a small fee or at the court for free.

[Ap2134]

Re: Bailiff advice - urgent.

My partner went to a Solicitor today and had a statutory demand signed by them. It only cost £5.

Does this now mean all the things she listed as belonging solely to her are now untouchable by the bailiff? Also, we have a signed landlords inventory of everything in the flat that belongs to him/letting agency (some furniture, fitted kitchen and a TV) is that all safe too because I can prove it does not belong to me?

What I'm worried about is the bailiff forcing entry when I'm not here and then taking what he likes.
My partner has faxed over to the bailiff a proof of her residency (tenancy agreement and utility bill) which show I'm not a tenant at that address, they were friendly to her so hopefully they will buy that I don't live there.
I'm not trying to shirk off what I owe, I just don't want others possessions being taken on my behalf. I know the warrant of distress has to be given back to the court after 90days so if I can avoid them till then I can then get back in touch with the court and sort out a payment plan, hopefully they will be a bit more helpful.

[Amy]

Re: Bailiff advice - urgent.

[quote=Ap2134;101315]Does this now mean all the things she listed as belonging solely to her are now untouchable by the bailiff? Also, we have a signed landlords inventory of everything in the flat that belongs to him/letting agency (some furniture, fitted kitchen and a TV) is that all safe too because I can prove it does not belong to me?

Now that you have evidence that the property does not belong to you, the bailiffs cannot touch it.

I know the warrant of distress has to be given back to the court after 90days so if I can avoid them till then I can then get back in touch with the court and sort out a payment plan, hopefully they will be a bit more helpful.

Are you talking about a clamping order here?

[Ap2134]

Re: Bailiff advice - urgent.

No, not a clamping order - when I was talking to the clerk at the mags court she told me a warrant is returned to the court after 90 days.

[Amy]

Re: Bailiff advice - urgent.

Is it not 180 days?

[Ap2134]

Re: Bailiff advice - urgent.

I don't know - this is just what the clerk told me 90 days.
Perhaps the warrant is valid for 180 days but the court want it back in 90 days to pursue other means?

[Amy]

Re: Bailiff advice - urgent.

I don't know - this is just what the clerk told me 90 days.

....the clerk also told you that she couldn't help you with a Means Enquiry Hearing.

I believe the 90 days was extended in January 2008 to 180 days.