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Hi, I really need help with this situation, I had a letter back in may 2011 about an outstanding balance for a magistrates court fine for a invalid train ticket from march 2010!! The balance was 569.20, I spoke to marston and they said do a stachatory declaration as this wasn't my fine. Unfortunately I didn't do this plus I also thought that it got cleared up by the courts in Hertfordshire as I have spoke to them and told them the whole situation. Last night when I got in from work, I had a hand delivered letter saying that my goods will be taken for auction if I don't pay the full amount today. I have spoke to the collector and he says that they have a warrant and they also can force entry via locksmith. I've been panicking all day about this as my household items where purchase by my partner. I would like to know where I stand with this and also can they gain access into my property even if they haven't visited before? Thank you very much in advance :-)
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Re: Bailiffs marston group Helppppp!
This link tells you a lot about the bailiffs and what powers they have. They do have the power to break in, but are very unlikely to use these powers.
National Debtline England Wales | Debt Advice | Factsheet 13 Magistrates Court Fines
By not filling in the statutory declaration within 21 days you have placed yourself in a very difficult position.
I believe you can still apply for a set aside - have a read of this of this link:
Making a Statutory Declaration
If this does not help you I would go to your local CAB or take proper legal advice as this is potentially a very serious situation. -
Re: Bailiffs marston group Helppppp!
Thanks for your quick reply.
I wish I done the stachatory declaration now cause I would avoid all of this. If I was going to do a set aside, what's the process for this? Do I need to go to my local courts and sort it from there?
Also I've just had a phone from the marston group saying that they are now going to be at my property at 6 tomorrow? Is there away that I could agree a payment later or set up a payment plan or has it gone pass that?
Thank you againComment
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Re: Bailiffs marston group Helppppp!
This is not my area of expertise at all, but you will need to complete Form N244. I imagine you will be able to download it and get help filling it in on the HM Courts webite - have a look here:
Courts and tribunals formsComment
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Re: Bailiffs marston group Helppppp!
So what would you advise Amy?Comment
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Re: Bailiffs marston group Helppppp!
Told you it wasn't my area of expertise! I think you really need to do as said in my first post and go to either CAB or seek proper legal advice.
Don't do nothing as you could well end up being arrested.
Sorry I couldn't help further.Comment
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Re: Bailiffs marston group Helppppp!
Ok I'll get in touch with cab and try and find some legal advise, who could I contact for this?Comment
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Re: Bailiffs marston group Helppppp!
Correct - appeals from a magistrates' court are heard at/by a Crown Court.Originally posted by Amy View PostComment
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Re: Bailiffs marston group Helppppp!
So is it possible for me to go to my magistrates' court and do a apply today?
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So is it possible for me to go to my magistrates' court and do a apply today?Originally posted by CleverClogs View PostComment
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Re: Bailiffs marston group Helppppp!
Also if my goods in my household items are owned by my partner would this also taken away? According to the bailiffs cause we live together, we are classed as a married couple and what's hers is mine? I thought that if the goods are not mine, they cannot take this if there is proof that she has bought this?Comment
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Re: Bailiffs marston group Helppppp!
You would need to appeal the decision of the magistrates court. If the appeal is out of time, you need to give reasons for why it is late.
As this is a criminal matter not a civil one, get legal help if you possibly can. If you have household contents insurance, see if there is any cover for legal expenses, or a legal helpline - there sometimes is.
If you are a member of a union, they may be able to give you legal help.
If not, see if there are any solicitors who will do a free or fixed fee initial interview.Comment
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Re: Bailiffs marston group Helppppp!
Unfortunataly I don't think I have any services that provide free legal help, is there any you could recommend to me? ThanksOriginally posted by SpringerSpaniel View PostComment
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Re: Bailiffs marston group Helppppp!
I would recommend you pay for professional legal help if that is what is necessaryComment
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Re: Bailiffs marston group Helppppp!
If the fine is not yours, I would send Marstons a fax explaining the situation and stating that liability is disputed and that you are filing an appeal today and will send court papers confirming this.
It is contrary to natural justice for goods to be seized for a fine for someone else, no matter how slow you have been to deal with it.
If need be, apply for an interim injunction restraining further recovery action until your appeal is decided.
Go today to the nearest magistrates' court and ask them how to appeal; file the appeal straight away. You must get court papers confirming your appeal to Marstons by Monday first thing.Comment
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