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Distress Warrant tomorrow!

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  • Distress Warrant tomorrow!

    Hi,

    Last year I received a speeding ticket. Through no one's fault but my own, I kept putting off payment and subsequently forgetting, before eventually receiving a court fine of £200, which I have been unable to pay and thus yet again I put it off - I fully accept this was incredibly foolish of me.

    Fast forward to today and I come home to find two notices from Marston.

    The first a card claiming that they attended my address today to execute a Distress Warrant that was issued to me.

    The second was a complete surprise. A Final Notice for a sum of over £600 owed to my local Council. Now, my immediate thought was that I had missed a council tax payment or something - so I went searching through the last two years of Council tax payments in my bank statements, and sure enough it has been paid every month without fail by Direct Debit.

    Armed with this information, I phoned Marston's call centre and explained the situation asking if they could shed any more light on the matter. They claimed it is from a property I lived in four years ago, and when quizzed about why this is the first I've heard about it, they claimed they've been sending letters to the previous property. Given that this letter implies that the bailiff will be back tomorrow to "remove goods for sale at public auction", I asked if there was any way they could put this off until I had it straightened out with the council. She advised me to call the bailiff directly, whose mobile number was on the bottom of the letter.

    Upon calling the number, I was met with an obnoxious tone - I could tell this was unlikely to go well, but persevered and proceeded to explain the situation and asking if he could hold off until I had an opportunity to speak to the council in an attempt to get to the bottom of the matter.

    His response was that he's left "loads" of hand delivered letters (which he has not) and proceeded to tell me that he has even "DVLA'd" the cars on the drive, which came back as neither mine or my partners. Seeing as both of our cars are registered in our names respectively, I made the suggestion that perhaps he has been visiting the wrong address. He denied such a claim.

    He is also claiming that the distress warrant issued for the speeding fine gives him the power to remove goods to settle the local council issue. I asked if I could pay off the speeding fine one, but he told me that they wouldn't let me do that as it'd remove the powers that allowed them to force entry into my house.


    I am really at a loss as to what to do.

    I've read little tid bits about being able to apply to the court for a suspension of the bailiff order, but I've been unable to find any solid information or whether something like this is possible in my short timeframe.

    I do not want to avoid paying these fees if they are indeed owed (however, wouldn't mind avoiding the ridiculous sum of money Marston's have thrown on top), I'd just like the opportunity to avoid issues tomorrow, and if at all possible deal with the people I owe the money to rather than Marston's who only seem to be interested in intimidating largely inflated sums from me (those that I could not afford to pay all in one go either).

    TL;DR
    Distress warrant issued, Marston claim they are coming tomorrow to execute it but will not allow me to pay that before another completely unknown debt can be worked out/confirmed with the local council. thus leaving me with nearly £1200 that they want to recover - likely everything in my house at the values they offer
    Tags: None

  • #2
    Re: Distress Warrant tomorrow!

    Originally posted by mikeh View Post
    Hi,

    Last year I received a speeding ticket. Through no one's fault but my own, I kept putting off payment and subsequently forgetting, before eventually receiving a court fine of £200, which I have been unable to pay and thus yet again I put it off - I fully accept this was incredibly foolish of me.

    Fast forward to today and I come home to find two notices from Marston.

    The first a card claiming that they attended my address today to execute a Distress Warrant that was issued to me.

    The second was a complete surprise. A Final Notice for a sum of over £600 owed to my local Council.
    Someone has crossed wires.

    A Distress Warrant is given to bailiffs enforcing an unpaid fine,

    A liability order is given to bailiffs enforcing unpiad council tax and NDR.

    If you have been fined £200, then all you owe is £200.




    Originally posted by mikeh View Post
    Now, my immediate thought was that I had missed a council tax payment or something - so I went searching through the last two years of Council tax payments in my bank statements, and sure enough it has been paid every month without fail by Direct Debit.
    Armed with this information, I phoned Marston's
    ...Marston don't collect council tax. They only bid on contracts for traffic debts and court fines.



    Originally posted by mikeh View Post
    call centre and explained the situation asking if they could shed any more light on the matter. They claimed it is from a property I lived in four years ago, and when quizzed about why this is the first I've heard about it, they claimed they've been sending letters to the previous property. Given that this letter implies that the bailiff will be back tomorrow to "remove goods for sale at public auction", I asked if there was any way they could put this off until I had it straightened out with the council. She advised me to call the bailiff directly, whose mobile number was on the bottom of the letter.

    Upon calling the number, I was met with an obnoxious tone - I could tell this was unlikely to go well, but persevered and proceeded to explain the situation and asking if he could hold off until I had an opportunity to speak to the council in an attempt to get to the bottom of the matter.

    This looks like a fruit & nut case.

    Originally posted by mikeh View Post
    His response was that he's left "loads" of hand delivered letters (which he has not) and proceeded to tell me that he has even "DVLA'd" the cars on the drive, which came back as neither mine or my partners. Seeing as both of our cars are registered in our names respectively, I made the suggestion that perhaps he has been visiting the wrong address. He denied such a claim.

    He is also claiming that the distress warrant issued for the speeding fine gives him the power to remove goods to settle the local council issue. I asked if I could pay off the speeding fine one, but he told me that they wouldn't let me do that as it'd remove the powers that allowed them to force entry into my house.


    I am really at a loss as to what to do.
    You make a formal complaint to the Court Manager at the magistrates court that fined you.

    Originally posted by mikeh View Post
    I've read little tid bits about being able to apply to the court for a suspension of the bailiff order, but I've been unable to find any solid information or whether something like this is possible in my short timeframe.

    I do not want to avoid paying these fees if they are indeed owed (however, wouldn't mind avoiding the ridiculous sum of money Marston's have thrown on top), I'd just like the opportunity to avoid issues tomorrow, and if at all possible deal with the people I owe the money to rather than Marston's who only seem to be interested in intimidating largely inflated sums from me (those that I could not afford to pay all in one go either).

    TL;DR
    Distress warrant issued, Marston claim they are coming tomorrow to execute it but will not allow me to pay that before another completely unknown debt can be worked out/confirmed with the local council. thus leaving me with nearly £1200 that they want to recover - likely everything in my house at the values they offer

    template, tweak as requied.

    The Court Manager
    [NAME OF] Magistrates’ Court
    Address 1
    Address 2
    Address 3
    Postcode

    Date


    FORMAL COMPLAINT

    BY POST AND BY EMAIL


    Dear Sir,

    Re: [YOUR NAME + FINE REFERENCE]

    I received a bailiff on [DATE] collecting an unpaid fine of [AMOUNT] who said was acting on your behalf.

    The bailiff sent documents in the post saying I have to pay his fees on top of the fine being [AMOUNT TO FEES].

    Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do.

    I understand the Distress Warrant, issued in the Magistrates Court under Section 76 of the Magistrates Court Act 1980, did not include an Order for Costs against me and it only orders that I pay the amount I was fined.

    No distress was made on my goods, and in any event, the demand for his fee was received by post before the bailiff attended my property.

    I understand the bailiff works under a contract with HMCTS, which enables enforcement contractors to deduct sums from the fine recovered, but there is no clause that enables the contractor to recover more than the amount I was fined, and I am not a signatory of that contract.

    Complaint Resolution

    The case be returned to court administration and I pay the fine in affordable monthly payments of [AMOUNT] starting on [DATE].

    If you are unable or unwilling to resolve this complaint, please clearly mark the top of your response letter the words FINAL RESOLUTION, and I will ask the parliamentary Ombudsman to inrtervene.



    Yours Sincerely

    [NAME]

    ENC. 1st Payment
    Evidence of bailiff charging you fees.

    Comment


    • #3
      Re: Distress Warrant tomorrow!

      I believe Marston will collect for anyone who asks, a friend claims to have used them.

      The template states I received a letter by post before he attended my property when in fact he hand delivered the letter.

      I'm not sure that letter is going to help me much in any case if Marston claim to be coming tomorrow?

      Comment


      • #4
        Re: Distress Warrant tomorrow!

        Can someone tell me, if I phone up the creditor for the speeding fine (in this case, the issuing magistrate's court, I presume?) and offer to pay the original fine amount, are they under any obligation to accept this, or can they turn around and say I have to deal with Marston's?

        Comment


        • #5
          Re: Distress Warrant tomorrow!

          Originally posted by mikeh View Post
          I believe Marston will collect for anyone who asks, a friend claims to have used them.
          You are right, they do private work as HCEOs.

          I meant to say, Marstons are not known to bid on Council Tax collection. These types of debtors are nearly always low income no assets cases. This is why its newbie bailiffs that do council tax. Parking cases usually have a vehicle to snatch. A car = higher fees, thus, bailiffs squabble over enforcement contracts that are up for tender.

          Originally posted by mikeh View Post
          Can someone tell me, if I phone up the creditor for the speeding fine (in this case, the issuing magistrate's court, I presume?) and offer to pay the original fine amount, are they under any obligation to accept this, or can they turn around and say I have to deal with Marston's?
          Try it & see.
          Last edited by Happy Contrails; 20th January 2012, 09:42:AM.

          Comment


          • #6
            Re: Distress Warrant tomorrow!

            Right, I've paid it online.

            Do I now need to contact Marston explaining it has been paid quoting the whole EX325 not charging for the work they do, to get them to drop the fees they've added on top?

            Comment


            • #7
              Re: Distress Warrant tomorrow!

              You dont need to contact Marston at all.

              If you want Marston to perform some personal entertainment for you, then I can knock you up a nice template.

              Comment


              • #8
                Re: Distress Warrant tomorrow!

                Well, I would like to remove any excuse for them to attend my address again. Their usual tactics will work on my partner, and she'll probably end up inviting them in for a cuppa.

                I do have another issue now, que another thread

                Comment


                • #9
                  Re: Distress Warrant tomorrow!

                  The plot thickens.

                  The Bailiff text me telling me he is due to call within the hour.

                  I responded suggesting that he should check with HMCTS as the fine has been paid.

                  He asked for a reference number, which I gave him.

                  He has now responded with the following

                  "Our office have checked with the court and they have no record of any payment on this fine we have been asked to proceed"

                  Comment


                  • #10
                    Re: Distress Warrant tomorrow!

                    Telephone the bailiff back on his mobile and ask him...

                    - What court issued your bailiffs certificate?

                    if he asks why, just say

                    - because I am filing a form 4 complaint against you for charging me fees for which, you are not entitled, and your contract with HMCTS did not enable you to increase the amount I was fined by adding your fees.

                    Keep asking for the Court name. DO NOT engage in any other conversation, stand for no excuses, and hang up as soon as he has answered the question. DO NOT threaten the bailiff with anything.

                    He will probably leave you well alone after that, but dont start winding him up.


                    More info about making a Formal Complaint against a bailiff using a Form 4: http://www.legalbeagles.info/forums/...ad.php?t=32516

                    Comment


                    • #11
                      Re: Distress Warrant tomorrow!

                      He is currently outside my house claiming he is getting the locksmith and police right now.

                      Comment


                      • #12
                        Re: Distress Warrant tomorrow!

                        I did as you said, he refused to tell me citing he would show me he certificate when he came through the door. He also spoke over me claiming that he does not need to be a certified bailiff to execute a magistrates order.

                        Comment


                        • #13
                          Re: Distress Warrant tomorrow!

                          If you have the receipt of paymant, just float a copy of it it down to him standing outside your property, and takes lots of photographs of him standing outside reading it.

                          Take his mugshot, and tell him he will be reported on a Form 4 for failing to show his certificate.

                          Video everything.

                          DO NOT , under any circumstances, open that door.

                          Comment


                          • #14
                            Re: Distress Warrant tomorrow!

                            Right, so he has now left, before I had a chance to show him the receipt. This was followed up with a text message stating "For info van not available see you next week".

                            What are my next steps to ensure he does not persue this matter further? HMCTS basically claimed they do have the right to add their fees (but this was an issue between myself and Marston), but then later went on to state they couldn't force entry into my property for it without a court order - I'm not sure if wires were getting crossed at this point though.

                            I mean, they currently have a Distress Warrant, so if he wanted to play dirty, surely he could convince the police or a locksmith that he can do this - neither of these people are going to see a receipt for less than half the amount he has on his piece of paper and side with me.

                            So I guess I either need to do something about this Distress Warrant, or follow up on the route that the fees are unlawful?

                            My biggest concern is keeping Marston away from my family - my partner would be distraught dealing with this, especially when dealing with our 15 month old at the same time.

                            Would I be better off taking consultation from someone local from here on? Are there people that specialise in this stuff? I'm not made of money though, so if the good members of this forum are willing/able to assist, I would be most grateful.

                            Comment


                            • #15
                              Re: Distress Warrant tomorrow!

                              Originally posted by mikeh View Post
                              Right, so he has now left, before I had a chance to show him the receipt. This was followed up with a text message stating "For info van not available see you next week".

                              What are my next steps to ensure he does not persue this matter further? HMCTS basically claimed they do have the right to add their fees
                              You need to ask HMCTS, under what regulation that right falls under. If none, then ask for the Order the court made that says you are liable for the fees on top of the fine. If none, then you need to send that Formal Complaint letter, and add, that you have been given wrong, or misleading advice by someone at the Court Service and you want an investigation as to why you were given that advice.

                              Originally posted by mikeh View Post
                              (but this was an issue between myself and Marston), but then later went on to state they couldn't force entry into my property for it without a court order - I'm not sure if wires were getting crossed at this point though.

                              I mean, they currently have a Distress Warrant, so if he wanted to play dirty, surely he could convince the police or a locksmith that he can do this - neither of these people are going to see a receipt for less than half the amount he has on his piece of paper and side with me.

                              So I guess I either need to do something about this Distress Warrant, or follow up on the route that the fees are unlawful?

                              My biggest concern is keeping Marston away from my family - my partner would be distraught dealing with this, especially when dealing with our 15 month old at the same time.

                              Would I be better off taking consultation from someone local from here on? Are there people that specialise in this stuff? I'm not made of money though, so if the good members of this forum are willing/able to assist, I would be most grateful.
                              If you have paid the fine, I doubt you will hear from Marston again, they will now know your case is now a dead horse.

                              Comment

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