marston bailiff

[lvhmoss]

hi everyone i am having a problem with a bailiff. i had a tv lice fine which i was paying thought the court/fine office. i thought i finish paying it but had £25 out standing. and its gone to bailiff now its £330. i have offered payment by 3 monthly payments but he dont want to know. he is very rude. so he is say he will get the locksmith out to me and break in. im so worried i suffer with panic attacks and dont want to leave the house. my neighbour said she had same problem but she ending up paying weekly payments. can someone please help

[Guest]

Re: marston bailiff

If the fine is £25, and all the bailiff can recover is £25.
http://www.legalbeagles.info/forums/...ad.php?t=32736

Write to the court mamager and ask the matter is resolved: Template: tweak as needed: http://www.legalbeagles.info/forums/...ad.php?t=32512

[lvhmoss]

Re: marston bailiff

that template you send. says you have to paid the fees and fine first when u open it is that the case? i did visit the and they said there was nothing they could do now. the warrant as been issued. i will send it anyway. and what is the likely hood of him entring with a lock smith.?

[CleverClogs]

Re: marston bailiff

that template you send. says you have to paid the fees and fine first when u open it is that the case? i did visit the and they said there was nothing they could do now. the warrant as been issued. i will send it anyway. and what is the likely hood of him entring with a lock smith.?

Nil.

Bailiffs tell lies and are utter bullies, who may have a cerebral lesion impairing the proper operation of the pre-frontal cortex wherein a normal person has a working conscience, but they're all mouth and cheap, Crimplene trousers with shiny knees.

Not even gormless and gruesome Gideon would forcibly enter a house over such a piddling sum.

[Guest]

Re: marston bailiff

Likelihood of a lockmith is VERY small.

Bailiffs CANNOT remove goods in your absence.
Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471 : On 17 March 1998 Lord Justice Morritt in the High Court ruled:

that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge.

The Judge also said in his conclusion,

However it should be noted that in cases such as these there may be a sanction pursuant to Section 1 of the Criminal Damage Act l971. In other cases the provisions of Section 6 of the Criminal Law Act may apply also.

Source: http://vlex.co.uk/vid/ur-judge-cox-52584219


Levy placed on your goods in your absence, the levy is INVALID

Ambrose vs. Nottingham City Council, On Appeal More: http://www.bournesdebtsolutions.com/...d-bailiffs.php



The letter I linked to is a template, so I would tweak it to read something like this:

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


[DATE]

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] FOMAL COMPLAINT

I received a person claiming to be an enforcement officer on [DATE] collecting an unpaid fine of [AMOUNT] who said was acting on your behalf.

He demanded I pay the sum of [AMOUNT OF FINE + AMOUNT OF FEES] and he said I was liable to pay his fees of [AMOUNT].

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, only provides for enforcement officers ro recover the sum I have adjudged to pay, less any payments already made.

I understand court records do not show any such Order for the enforcement officers fees has been made against me.

No distress was made on my goods, and in any event, the demand for his fee of [AMOUNT ON BAILIFFS LETTER] was received by post before the bailiff attended my property.

I understand the bailiff works under the HMCS Private Enforcments Contract, which on Page 11, enables enforcement contractors to deduct sums from the fine recovered. There is no clause in the contract that enables the contractor to obtain more than the sum shown on the Section 76 warrant for distress less any sums paid.

[I enclose a proof of payment of sums so far.]

COMPLAINT RESOLUTION

1. I respectfully ask for a refund of [AMOUNT] and
2. the case be returned to court administration
3. HMCS make a full and thorough investigation into why I was charged sums I have not been adjudged to pay.
4. Make the person responsible for (3) above under both, criminal and civil law.

Yours Sincerely



[NAME]

See Also: How to make a FORMAL COMPLAINT against a Certificated Bailiff: http://www.legalbeagles.info/forums/...ad.php?t=32516

Dealing with BAILIFFS on your DOORSTEP: http://www.legalbeagles.info/forums/...ad.php?t=32490

[lvhmoss]

Re: marston bailiff

he is not a cert either i just checked. thank you for yr help.

[Guest]

Re: marston bailiff

Its only a legal requirement for parking ticket enforcement, for you, it only means you cant make a Form 4 complaint.

[bluebottle]

Re: marston bailiff

Hi lvhmoss,

I am at a loss as to why the court involved has instructed bailiffs for a sum as minimal as £25? Yes, I know it is a fine, which is a statutory debt, but, come on, someone at the court is extracting the yellow stuff and wasting public funds as well.

As far as I am aware, a bailiff cannot unreasonably refuse any reasonable offer of payment. Neither can he threaten, attempt to or actually force entry to a debtor's property without a warrant signed by a judge authorising them to do so. If the bailiff tries to force an entry without proper authority, they commit arrestable offences under the Criminal Damage Act 1971, namely, Sections 1 and 2. I doubt very much whether a locksmith would assist this prat as they would be committing the offence of Aiding and Abetting or Being An Accessory to an Arrestable Offence. They could also, at a push, be arrested for Criminal Damage if the bailiff doesn't cause the damage themself.

Happy Contrails has given some excellent advice on how to deal with this waste of space. And Clever Clogs has provided you with the most accurate description of a Certificated Bailiff I have seen in a long time. Yes, Certificated Bailiffs are devoid of brain cells and any sense of propriety, commonsense or morals.

Bluebottle

[lvhmoss]

Re: marston bailiff

does this mean if he as attended to my house that i have to pay fees.

[Guest]

Re: marston bailiff

There is no legislation that says you must by any bailiffs fees at all. Only the amount you have been fines less any payments made.