MARSTONS - What to expect?!

[Worried sick]

Hi. I was wondering if anyone could give me any advice... I recieved a hand delivered letter last week through my door from Mastons & when i rang them up they told me I had to pay the whole amount in full which is £470.00... I'm currently in reciept of income support & have 5 children, there is no way I can afford to pay the amount outstanding in full so obviously i'm now worried sick. I phoned marstons before an spoke to the bailiff whos actually coming out & I told him that I really haven't got any goods which would cover the costs as anything I do own that is of any value I'm actually still paying for. I really don't think I have anything of value that he can take, and seen as i've no way of raising the cash i'm left wondering whats going to happen next??!! Can anyone tell me what it is that happens when I let him in next week, does he go rooting thru everything trying to find stuff of value, which I relly don't have?? I really am worried sick, its all my own fault as i was meant to pay a court fine, paid some payments, lost my purse with the payment card in, phoned them for another card then broke my foot & kept forgetting to make the payments after that, i really have dug myself a massive hole & really honestly wish I would of kept up the payments!! - any info or help will be gratefully recieved, thanks, Lisa x

[enaid]

Re: MARSTONS - What to expect?!

Hello and welcome to beagles.
Firstly do not deal with these people over the phone and secondly and more importantly do not let them enter your house.
Please have a read of this guide Bailiff Guide - Legal Beagles Consumer Forum
How this is dealt with from now depends on what the debt is for.
When you have read the info above then please try and give us a little more info, with no personal details of course.
Enaid x

[Worried sick]

Re: MARSTONS - What to expect?!

Hi enaid, thanks for your fast reply. It was actually the worst type I think, its for non payment of a Magistrates court fine from hmcs liverpool??! - I think I've read somewhere that with this type of fine not being repaid the bailiff can actually force entry, if this is true would it not be just easier to let them in & see that I have nothing worth taking??? I'd hate for them to break in then realise theres nothing of value anyway and then i'm left with no front door or whatever?! :/

[Amy]

Re: MARSTONS - What to expect?!

It is very, very rare for bailiffs to force entry even for a magistrates' fine and they would need a court order to do this.

What exactly does this fine relate to?

[Worried sick]

Re: MARSTONS - What to expect?!

It was a motor insurance offence...!! x

[panzer]

Re: MARSTONS - What to expect?!

Doesn't matter what the offence is.
They don't issue orders to force entry because you refuse entry, they issue them in extreme circumstances when you refuse to deal with the issue entirely.

Even then, like i say, extreme circumstances.

To qualify, you usually have to have numerous fines, ideally including violent / public order offences, and ignore them for years, and be visible inside the property refusing to answer the door.

That information comes straight from the horses mouth. Can't name him, but he's a very senior horse!

Any smart arse bailiffs want to cite evidence to the contrary now is the time and place.....

We are waiting........................................

[Amy]

Re: MARSTONS - What to expect?!

Doesn't matter what the offence is.
They don't issue orders to force entry because you refuse entry, they issue them in extreme circumstances when you refuse to deal with the issue entirely.

Even then, like i say, extreme circumstances.

To qualify, you usually have to have numerous fines, ideally including violent / public order offences, and ignore them for years, and be visible inside the property refusing to answer the door.

That information comes straight from the horses mouth. Can't name him, but he's a very senior horse!

Any smart arse bailiffs want to cite evidence to the contrary now is the time and place.....

We are waiting........................................

This is rubbish.

Bailiffs are only permitted to force entry for certain types of fines. It has absolutely nothing to do with how many are outstanding.

[panzer]

Re: MARSTONS - What to expect?!

I don't get your point.

Show me an example of forced entry re. one fine that isn't very old.

I specifically stated violent / public order offences?

So which bit is rubbish then?

[MIKE770]

Re: MARSTONS - What to expect?!

Would it not be the best bet to ask a local solicitor the real facts if you do not agree here, at least you have independant advice.

[panzer]

Re: MARSTONS - What to expect?!

I don't see where we disagree.

I was just trying to reassure the OP that it isn't just 'rare' to force entry. It's unprecedented in her / his circumstances.

I'll leave it at that.

Over and out.

[leclerc]

Re: MARSTONS - What to expect?!

"Magistrates Court Fines

For certain types of fines for example parking fines, speeding fines and TV licence fines, bailiffs do have the power to break into your home to take your goods even if they have not been into your home before. You must, therefore, treat a Magistrates Court fine as a priority debt because you could be sent to prison if you default on payments and, although very rare, this does happen.

For this reason it is no longer safe to try to avoid bailiffs coming into your home by refusing to let them in for the collection of the fines mentioned above.

However, contrary to popular belief this does not include the recovery of Council Tax debts."


Please note that the above quote is from the bailiff guide quoted in post 2.

[Caspar]

Re: MARSTONS - What to expect?!

Would it not be the best bet to ask a local solicitor the real facts if you do not agree here, at least you have independant advice.

Not really Mike because Amy is 100% right, no need for independent advice. See Leclerc's quotation above - absolutely spot on!

[panzer]

Re: MARSTONS - What to expect?!

I respect what you guys / girls do, and believe you are rather good at it.

However, i stand by what i said. My opinion comes from lots of experience and direct / personal communication with a person who would issue such warrants to force entry.
Whether it is possible or not, at his particular court they wouldn't dream of allowing this for a speeding or parking fine.
More likely for a fine that was a last chance alternative to prison for example a fairly serious assault. It would also require a significant passage of time and compelling evidence that the offender was at the address and ignoring all other means of enforcement. The offender shouting "***** off i'm never paying it" through the letter box would help do the trick!!

I don't appreciate being accused of talking rubbish, and i can see that i 'clash' a bit with someone.

Like i say, you're good at what you do and you don't need me, so i'll bugger off.

No hard feelings, were on the same side.

BTW - There's no ****ing way they're your legs.

[Worried sick]

Re: MARSTONS - What to expect?!

Thanks for your responces, I'm still rather confused though to be honest as to what to do about it all.... I actually spoke to the bailiff a Mr. Birmingham today as he'd been whilst I was out at the school. He left me a card saying about he thinks I'm avoiding him purposely so i rang him. He said that on this occasion he never forced the door but he may next time if I'm not home but couldn't give a specific date when he'll be back out. He also said i had a lovely tele on my wall which would cover the cost of the fine if i couldn't come up with the money (so he'd obviously peered thru my windows!!! :/ ) - luckily i have the paper work to prove the tv is still being payed for, as well as most of the other stuff in my house that is of any value!!! - Theres no way at the moment i can find the £470.00 so i'm hoping he'll refer it back to court an then for it to be ordered it can come straight out of my income support, does anyone think this will be likely??? x x x

[Amy]

Re: MARSTONS - What to expect?!

Ok, so how much have you paid and how much do you owe?