marston bailiffs i need help

[sticky]

please can someone give me some advice i had a a fine from the courts for not having a tv licence i applyed for it to be payed by taking it from my income support which is what happened , then the social stopped paying it so it has been sent to the bailiffs i will admit this is my fault and i should have taken notice of the letters but i didnt realise the social had stopped paying it and i ahve had very severe depression and on alot of medication which makes my memory very bad i have allso just come out of hospital after a serous operation my son is my carer and i live off benifits incapacity benifit and disabilaty benifit well today the bailiffs came and my son awnsered and they gave him a notice of removal letter for me i rang them and said i cant pay this at once he replyed saying you have till 5 if not i will be round at 6 in the morning with locksmith and put the phone down i tryed to ring back but he cut me off so i txt him and said you dont have to be rude i wasnt rude to you i was just asking what my options are he txt back saying no options just pay i then sent what if i dont have anything for you to take he said im sure you have i will come in and look ..... please can you tell me if i have to let them in to my home i realy do not have anything worth anything im so scared and worried im not trying not to pay i just want to be able to pay in instalments or for this to be sent back to the fines office and i pay them , i relay feel suicildle im still recovering from a full hystorecomy and depresson i know i wont sleep now please give me some advice thankyou for any help

[Amy]

Re: marston baliffs i need help

Did the court order monthly payments be made?

Technically speaking as this is a magistrate's court fine, the bailiffs do have the power to break in. However, please do bear in mind that this extremely rare, but you need to address this problem and make arrangements to pay.

[Angry Cat]

Re: marston baliffs i need help

Sticky, firstly you must calm down.
These matters can be sorted out if they are addressed sensibly.
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Bailiffs, are aware (should be) of the MALG guidelines/code of conduct, when dealing with vulnerable people.
http://www.malg.org.uk/documents/MAL...elines2007.pdf

Remind the Bailiff, that you are vulnerable and that you wish to make an arrangement to pay by instalments.
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This web site may also be helpful re: your medical matters...friends
http://www.jostrust.org.uk/

[Amy]

Re: marston baliffs i need help

Bailiffs have no duty to follow MALG guidelines since that deals with debt collection. Debt collection is a civil offence and fines issued by the magistrate's court are not, they are criminal.

Bailiffs do, however, have a duty to adhere to the National Standards for Enforcement Agents which contains information on vulnerable situations and this can be found here Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

[Angry Cat]

Re: marston baliffs i need help

Bailiffs have no duty to follow MALG guidelines since that deals with debt collection. Debt collection is a civil offence and fines issued by the magistrate's court are not, they are criminal.

Bailiffs do, however, have a duty to adhere to the National Standards for Enforcement Agents which contains information on vulnerable situations and this can be found here Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

Thank you Amy!

[Quote]
Vulnerable situations

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
• Those who might be potentially vulnerable include:
  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English. [Quote]