Distress Warrant?!

[mcg]

Just had Marston bailiffs turn up and didn't initially show I-D and arrived in a blue unmarked van.

I said i was a tenant and the person that they were after was my landlord (untrue) as i thought they could of been anyone.

They sat in their van and called the Police and when they arrived I went out to speak to them and then did declare my real name.

I had to pay £965.00 to baillifs for an old magistrates fine from 2008.

Do they really have a right to enter my property as i did not see a stamped Court Warrant and also charge me an extra £270?

[CleverClogs]

Re: Distress Warrant?!

How did you pay?

Have the oafs visited before?

[mcg]

Re: Distress Warrant?!

He took my debit card and phoned-in payment; nothing was signed and even added a card handling fee.

I think a young bailiff came round a year or so ago and told him the tenant story again for which he appeared to accept and left.

[mr.ton]

Re: Distress Warrant?!

Erm shouldn't you have been the one calling the police???
Cancel the debit card payment asap if you can with your bank & report these goons to every authority you can think of.

[CleverClogs]

Re: Distress Warrant?!

He took my debit card and phoned-in payment; nothing was signed and even added a card handling fee.

I think a young bailiff came round a year or so ago and told him the tenant story again for which he appeared to accept and left.

He is not allowed to charge a "card handling fee", so you should get the bank to do a chargeback for the lot.

As neither that oaf nor any of his colleagues has been inside your residence, the use of the van and the charge of the "van fee" is inappropriate.

You are entitled to see the warrant, which may have expired.
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report these goons to every authority you can think of.

I rather doubt that the Coastguard would be interested.

[mcg]

Re: Distress Warrant?!

If i go down the Visa chargeback route; what do i need to say on a Stat Dec and who do i present this to?

[Amy]

Re: Distress Warrant?!

I am not sure you understand how serious this is. For a magistrates' fine, they do have the power to break into your property Bailiff Guide - Legal Beagles Consumer Forum and although this is rare, given that this is seemingly outstanding from 2008, I would assume this would be a very real risk.

What van fee has been added?

If you owe this fine, you will not be able to do a chargeback. So do you owe this money or not?

[CleverClogs]

Re: Distress Warrant?!

I am not sure you understand how serious this is. For a magistrates' fine, they do have the power to break into your property Bailiff Guide - Legal Beagles Consumer Forum and although this is rare, given that this is seemingly outstanding from 2008, I would assume this would be a very real risk.

What van fee has been added?

If you owe this fine, you will not be able to do a chargeback. So do you owe this money or not?

Does he also owe the card fee?

[Amy]

Re: Distress Warrant?!

Yes.

[CleverClogs]

Re: Distress Warrant?!

Does he also owe the card fee?

Yes.

Under what regulation is a bailiff permitted to charge a card fee?

[Amy]

Re: Distress Warrant?!

There is no regulation that says a bailiff can charge a card fee, but that is because there is no statutory scale of fees applicable to the magistrates' court.

[mcg]

Re: Distress Warrant?!

I was charged £70 + £200 by the Bailiff; i was going to do a Stat Dec today to request a Means hearing as I have been seperated from my partner and lived at a different address, and only recently moved back.

I am happy to pay a reduced fine in instalments but not pay any bailiff fees as i have not received any documentation prior.

This actually dates back to a £80 fixed penalty.

Also the baliff only produced on Marston headed paper a photocopy of supposedly a warrant?! No I-d badge on display just hidden in his jacket.

I have cancelled my debit card with the bank and claiming for an unauthorised transaction.

[CleverClogs]

Re: Distress Warrant?!

There is no regulation that says a bailiff can charge a card fee, but that is because there is no statutory scale of fees applicable to the magistrates' court.

At one time, fines were either collected by an officer of the court, or by a local bailiff company.

Since HMCS appointed a few firms to collect fines - and I believe that relationship is not far removed from subcontracting police work to the Mafia - there should be published lists somewhere of the fees agreed between Marstons and HMCS.

The bailiff should certainly have left a schedule of those fees but, being a bailiff, he probably did not do so.

[Amy]

Re: Distress Warrant?!

mcg, I am confused. Have you paid and are expecting to get the money charged back and then set up installments to pay this? How do you hope to claim a chargeback citing 'an authorised payment.' What is unauthorised?

Did you have prior knowledge of the original £80 FPN?

Have you formally requested a breakdown of the fees added?

A distress warrant is only valid for 6 months so you would need to ascertain when the warrant was issued. Have you formally requested a copy of the warrant because once requested, they cannot deny the request?

Frankly, if you have already paid then you are facing a long, hard slog to get your money back and don't expect the bank to be helpful, but if you could answer all my questions it would help get a fuller picture.

[mcg]

Re: Distress Warrant?!

The bailiff didn't get me to authorise payment; i said i would pay in instalments and he requested I-D for which i produced my bank card. He perused over it got in his van and used his mobile. He then gave me the card back with a receipt for which he did not get me to sign but stated amount paid in full.

How do I request copy of Warrant?

I don't mind taking a while getting my money back; i have to go the County Court on a regular basis due to my business.