Getting a bailiff debt sent back to Magistrates Court

[tony12uk]

Hi All

I have previously posted regarding this bailiff problem although some things have since changed.

Originally I had a bailiff post two final notices through my door on two consecutive days. I then rang him on his mobile to explain my situation and I didn't hear from him and I had then spoke to Marstons direct and he must have sent it back to them as he couldn't collect as Marstons confirmed there is no Bailiff assigned to me.

Basically, I went bankrupt in January and had to sell my only assset so I could afford to go bankrupt. I explained all of this to the bailiff and that I have no other assets and just to compound my dire financial situation not only am I bankrupt and I had house repossessed just over a year ago.

I have now received from the insolvency service n Income Payments Order for my apparent disposable income of £40. Therefore, leaving me with nothing. I therefore also am not able to pay the £675 Marstons are asking me for. I spoke to them today and they just say they will assign another Bailiff. What is the point of this when a previous Bailiff has already sent it back to them because he was unable to collect anything. If they send it back to the courts then my parents have agreed to pay for the fine but will not pay the full £675 (original fine was £375).

Can anyone help me with a letter that I can send to Marstons requesting that they send the fine back to the courts?

Thank you

[SpringerSpaniel]

Re: Getting a bailiff debt sent back to Magistrates Court

Your Trustee in Bankruptcy should be involved and should contact the bailiffs

[labman]

Re: Getting a bailiff debt sent back to Magistrates Court

Absolutely Springer, as long as the OP understands court fines cannot be included in the bankruptcy itself.:beagle:

[tony12uk]

Re: Getting a bailiff debt sent back to Magistrates Court

Yes Labman I understand it cannot be included in the bankruptcy but due to the bankruptcy and the IPO I am unable to pay a lot to the outstanding amount which is why I need it sent back to the court so I can make affordable arrangements with them.

I have made the OR aware of the fine now and that I have Marstons Bailiffs knocking at my door and am awaiting to hear from them.

[SpringerSpaniel]

Re: Getting a bailiff debt sent back to Magistrates Court

Normally you would write to the Court Manager setting out your circumstances and asking for a Means Hearing to be listed. If you have an income and expenditure or CFS enclose a copy of this.

Ask for enforcement action to be suspended until the Means Hearing has taken place, or the court has given the matter its consideration.

You should copy this letter to the OR

This should get the bailiffs off your back