Marstons Bailiffs Urgent help needed

[help-me]

Hello,
my friend is staying with me and has received a letter from Marstons High Court enforcers R.E a court fine which has £175 left to pay.
He is out of work, and has had a broken hand for the past 5 weeks, he has got a claim going through for JSA and will hear about if he is eligible in 10 days.
When he received a letter from them in June saying he had to pay £250, they told him by phone he could not set up a payment plan, even though he wasnt working then either. We wrote to them and emailed them via my email address and had no response.
Today he received a letter from Marstons for a 'Removal Notice', stating that he has to pay £450! we have just been on the phone to them to find out why it has increased, and try to arrange a payment plan. They first said that the extra £200 was because it has been passed to the enforcement / removals stage, I explained that as their website states they apply £200 when an agent attends the property, which as she said one hadnt. she then changed her mind and said that one had, the date and time that they say is when he was at the property and noone knocked on the door or left a card.
He stays in a room of my sisters house, all he owns is a tv, dvd player and clothes in that room, the rest is owned by me.
They are saying that as they have a distress warrent they dont take into consideration him being unemployed, and they can come round with a locksmith and enter the property.
He is willing to pay the £250 (fine plus their £75 fee) and has told them this on 2 occasions by phone, which they confirm is recorded. But he needs to spread the cost, which they wont allow.
What can he do? I dont want them entering a property that he is only staying in as a friend of mine.
Please help, I dont know what to do, we are both very stressed out with this it is afecting our health, I'm concerned as he has tried to take an overdose within the past year and had to be taken to hospital but has not had any further medical help, and i worry this could lead to him trying that again.

[WendyB]

Re: Marstons Bailiffs Urgent help needed

What was the fine originally for? Have a read of the Bailiff Guide, and the Parking Fine Guide, if applicable. They are in stickies at the top of this forum.

Come back and give as much info as you an, and ask any questions you may have after reading the guides.

Main thing to remember is that bailiffs lie and cheat as a matter of ccourse. It's as natural to them as breathing. Don't believe a word they say, and NEVER allow them to gain peaceful entry into your property. Put everything in writing to them, don't deal with them on the phone.

[help-me]

Re: Marstons Bailiffs Urgent help needed

Thank you Wendy B, i'm looking through the stickies at the moment.

The original fine was for criminal damage around 4 years ago, (threw a chair in anger and managed to smash a window, although he wasnt aiming for it) due to him moving out of the area at the time he didnt have the details to pay the court, and stupidly didnt contact them until last year when he started making payment to the court, (i've felt like hitting his head against a wall for not dealing with this when first issued) then as he lost his job he couldnt pay, payments stopped to the courts in middle April, he did write to the court to explain this but they havent received this, and so passed it to Marstons at end of May / June.

He explained not working to marstons back in June but they pretty much said tough luck (in there own way to scare us), now we're in this situation and have again explained not working - we dont even have £1 between us at the moment.

They tried to claim that as they have a distress warrent by gaining entry from a locksmith it is not forced entry, and as far as they are aware this is his property. I have corrected them and told them that if they were to gain entry to a property they are now aware is not in his name I would prosicute for breaking and entering (which even with a locksmith it would surely still be classed as because I nor the homeowner have invited them in).

I know I shouldnt believe what they say but its so hard not to as I just think they could tell the truth (shock horror one day they may do that) and then we'd be even more screwed.

Is there any way they can gain entry if we dont let them in? we live above a shop, so 2nd floor up. This is stressing us both out so much, just from this evening I can feel myself getting ill as I do when stressed.

[Caspar]

Re: Marstons Bailiffs Urgent help needed

Do not let them in under any circumstances. If they claim to have a distress warrant, then you can ask to see it. If they don't have it with them, they have to tell you where and how it can be viewed. You should also ask to see his identity and make a note of it.

If you are not in when the bailiff calls, they should leave a card with the date and time of the visit.

Can you afford to pay anything at all towards this debt?

[CleverClogs]

Re: Marstons Bailiffs Urgent help needed

Main thing to remember is that bailiffs lie and cheat as a matter of ccourse. It's as natural to them as farting.

IFYPFY.

Don't believe a word they say, and NEVER allow them to gain peaceful entry into your property. Put everything in writing to them, don't deal with them on the phone.

Unless you can record the conversation and hence have proof of their disingenuity.

[CleverClogs]

Re: Marstons Bailiffs Urgent help needed

They tried to claim that as they have a distress warrent by gaining entry from a locksmith it is not forced entry,

Fib 1.

and as far as they are aware this is his property.

Fib 2; it is simplicity itself to get a copy of the entry in the Land Registry.

I just think they could tell the truth (shock horror one day they may do that)

And disregard all their training?

Is there any way they can gain entry if we dont let them in?

Despite rumours to the contrary, they are usually unable to slither under doors or fly down the chimney. However, they may use a ladder to climb through an open window, so keep your windows closed and locked, if possible.

[help-me]

Re: Marstons Bailiffs Urgent help needed

thank you all for your replies, made me feel a bit better about this all (I can actually go to work without panicing all day).
I'll make sure all windows are closed and will only speak to them in writing / through closed door.
Casper at the moment we dont have any money - waiting on his JSA claim to go through which will take 10 days and for his old employer to pay him the money he owes for the day's work he managed to do with his broken hand (his type of work means he couldnt work with broken hand and so he lost his job), as soon as we do have something we will make a payment to show willing even if it is just £10.
CleverClogs they would have an even harder time trying to fly down a chimney here as there isnt one
The only way I have of recording their calls is if I do so from my work which I dont want to do, I dont want them or my collegues knowing whats going on where I can help it.

Am I right in thinking that the same rules that apply to Rossendales in relation to council tax (as on one of the stickies) would apply here, e.g. they need a walking possession to enter the house and levy goods. but in relation to charges they can charge more (£75 when the case is handed to them from courts, £200 per visit).

As they are trying to claim that an agent of their's has visited (after saying no-one had), as we were in at the time they say and no card / letter was left would I be in my right to tell them they have to prove that one was here? at the moment its their word against ours. I have a feeling that they couldnt find our door due to the location of it and there are certain distinguishing marks on / around the door they are unlikely to know about unless they were here.

What is the best thing for us to do now? We were going to write to them, so it is on paper that he is willing to pay the £175 (and their £75 if we have to) but is not in a position to do so at the moment, I'm thinking of also sending this as an email from his email address as mine apparently isnt good enough even if says its from him. Was thinking to reiterate what was said on the phone so they dont say otherwise and ask for records of everything they hold on him and his account (system notes, recordings of the 2 phonecalls etc). Is there anything else you would advise?

Sorry for all the questions I just want to make sure we deal with this in the right way, or best way given our current circumstances.

[WendyB]

Re: Marstons Bailiffs Urgent help needed

The important thing to remember is that as this is a Magistrates fine, you must treat it as a priority debt, and it must be paid. They can force entry, although they very rarely do. As your friend has a claim going through for JSA, I would suggest he writes to the Court and explains the circumstances, and what the bailiffs have added on in charges, and see if they can help/advise. Send the court an income and expenditure form to show he cannot pay. Or he could request a formal Means Enquiry Hearing. Either/or, really, but the fine must be paid.

Non-payment of fines can lead to arrest warrants, which wouldn't be much fun, either.

[CleverClogs]

Re: Marstons Bailiffs Urgent help needed

If you do write to the buggers, do not sign your letter in the usual way; instead, use a handwriting font such as JohnLennon - link - to print it, in dark blue ink and 36 point or 48 point size.

That way, if they decide to "get creative" with one's signature - for example, by scanning it from a letter and pasting it onto a walking possession agreement - it would be easy to shew it was a forgery.

[Amy]

Re: Marstons Bailiffs Urgent help needed

That way, if they decide to "get creative" with one's signature - for example, by scanning it from a letter and pasting it onto a walking possession agreement - it would be easy to shew it was a forgery.

This is a magistrates' fine, they have no need of a walking possession order.

[help-me]

Re: Marstons Bailiffs Urgent help needed

thank you all for your replies,

Wendy B we are trying to treat this as a priority debt, but at the moment he has no money to pay them (I dont either to be able to lend them, nor is there anyone he can borrow money off), as soon as he starts working / receiving JSA they will receive payment, but the only way he is going to be able to do this is if they allow him a payment plan, once he gets a job he'll pay more than he can on JSA. They dont seem to care about this though, and seem to think he can just magic the money out of nowhere. (I wish it was that easy). I will get him to contact the courts and see what they advise, last time he did though they just said it was out of their hands now.

CleverClogs - I'll make sure he doesnt sign a letter so they cant try and use that to duplicate on any documents. I didnt think of using a font on word, was just going to leave it unsigned but thats a great idea, thank you.

I'm now even more confused though, I think I have misunderstood what I've read in the stickies as they apply to different situations / bailiff debts, I thought that they would need a walking possession to be able to enter the property, but Amy you say they dont. Can someone explain what they do need or what they can do?

All that he owns in this property, apart from clothes, is a DVD player and small TV (both worth less than £100, probably less than £50 as they are so old). Do I have to prove that everything else is either mine or the homeowners? if so how do i do this?

We both really want to get this sorted out asap, but just dont know what to do, and I'm confusing myself more with all of this and the different rules that apply to bailiffs.

[CleverClogs]

Re: Marstons Bailiffs Urgent help needed

I'm now even more confused though, I think I have misunderstood what I've read in the stickies as they apply to different situations / bailiff debts, I thought that they would need a walking possession to be able to enter the property, but Amy you say they dont. Can someone explain what they do need or what they can do?

I would say that most of them needed a more loving environment as a child and some clue about the identity of their father.

If they are enforcing a criminal fine, they are allowed to force entry to the debtor's property but, as the property does not belong to the debtor, their powers may be more limited.

All that he owns in this property, apart from clothes, is a DVD player and small TV (both worth less than £100, probably less than £50 as they are so old). Do I have to prove that everything else is either mine or the homeowners? if so how do i do this?

You'll need to make a sworn declaration before a commissioner for oaths. Print it out before taking it along, pay the fee and sign it in front of the aforesaid lawyer.

Despite what the bailiff might claim, he is not allowed to remove one of your partner's kidneys.

[WendyB]

Re: Marstons Bailiffs Urgent help needed

It is the type of fine that governs what the bailiffs can and can't do, not the bailiffs themselves. As it's a magistrates fine, they do not need a walking possession order, and can force entry even if they have not previously gained peaceful entry. I'm not sure how the fact that the property does not belong to him affects matters.

He really does need to put this in writing to the Court and/or ask for a Means Enquiry Hearing.

[help-me]

Re: Marstons Bailiffs Urgent help needed

thank you Wendy, do you know where we stand about the £200 they are trying to charge for an agent apparently coming out if they didnt leave a card or anything to say they had been here? he was in at the time they say they came and noone did.

also the name of the person they say came round isnt on the certified bailiff register when i checked online, does that make a difference?

[CleverClogs]

Re: Marstons Bailiffs Urgent help needed

Did they spell the name of the bastar ... alleged bailiff?