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Marstons tried to break into my home with a locksmith today. They have rang my mum in law 4 times telling her they are going to break into my home and telling her what i owe. she's 83 and doesnt live with us she has repeatedly told them this. They also said they had powers of entry without a warrant specifically stating they could break in and tried to refuse to show me the warrant of distress. I opened the door and told them they couldn't come in and they barged past me. Do I have a complaint?
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Re: enforcement ageny
Can you elaborate?
Presumably this is for a magistrate fine?
What contact have you had? Have you paid anything? -
Re: enforcement ageny
it was a magistrates fine for £125 in April I was ill with pnumonea caused by stress and was unable to set up a standing order. In May it was sent to marstons and I paid £50 but as my husband and I are on employment support allowance I couldn't manage to pay any more. We had a bailiff visit 3 weeks ago and they clamped my husbands car. I rang the bailiff and told him it was my husbands car and that he needs it as he is disabled. He refused to take off the clamp so my husband removed it himself (undamaged He just pulled and it came off). The bailiff has since kept ringing my mother in law asking for me, disclosing my debt and threatening her with car removal and then twice yesterday telling her he was going to break into my home. She is 83, very sick and very panicked. I wrote to marstons enclosing a statement of means, describing my situation and as much proof of car ownership as i could but this was ignored. I also wrote to the fines and fees officer but they wrote back telling me to deal with marstons. The bailiff laid seige to my home for 4 hours yesterday before finally attempting to break in with a locksmith. I opened the door to prevent damage and 3 bailiffs barged in and refused to show me the warrant. The attending police office told them they must show it to me and they allowed me a brief glance. I stated thatr the warrant did not say they were allowed to break in but they said that they'd had verbal permission from the magistrate and that was enough. My severely disabled mum anded up paying £402 by sending my dad to my house where he used her debit cardComment
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Re: enforcement ageny
What precisely was the fine for? Was it a driving offence?
Do you still have the clamp? If you do, put it back on the car, since it wasn't actually locked on, this should be quite easy and take some pictures to show that a disabled car was clamped (include the tax disc).
Next you need to send a Subject Access Request which you can find here Bailiff - SAR - Legal Beagles Consumer Forum to Marston. This is for them to show you how the fees are broken down, but you should be aware that magistrate fines operate very differently from other fees that a bailiff is allowed to charge and this is why they were within their rights to break into your home. However, bailiff magistrate fees are capped.
Once you have done all this, write down absolutely everything that was said to you, written to you or otherwise conveyed to you - do it on this thread if you like, but you need a clear record of exactly what happened and when if you wish to take this further.Comment
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Re: enforcement ageny
It was a TV licence fine, The clamp was left in our garden and the bailiff took it. He tried to claim that we'd cut it off when he came in yesterday but we told him we had witness statements saying it wasn't damaged. Unfortunately though my husband is disabled and we have consultants letters to prove this he is still in the process of claiming DLA do does not yet have disabled status for the carComment
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