Marstons And Tv Licence

[littlelucy45]

hi all new to this group and just wanted some advice , i was caught without a tv licence for a month back in sept 2011 ,i had changed banks and forgot to set up d/d again with them , it went to court just before xmas and had letters from court saying that i had been fined with costs £235 ,made an arrangement with fines office to pay back £10 a week but at that time my dear sister in law was dying of terminal cancer and died just before xmas and just completely forgot about the fine ,then 14th feb had a visit from bailliff saying debt had now increased to £495 and wanted full amount there and then otherwise he would arrest me ,i said i couldnt pay full amount as im on benefits and he then said to beg ,steal or borrow from family or friends ,again i said i couldnt .he started to get really annoyed and said he only had to make a phone call and a van would be here to take my stuff for auction ,when i started crying he then said ok the best i can do is set up a d/d for £82,set every 2 wks untill paid .ive paid 1 payment but i cant afford this weeks payment .have tried going to courts but they just give me a number for fines office who tell me as its with baillifs i need to speak to them ,but the baillif just shouts at me saying he wont reduce payment ,im worried sick as i know havent got enough money to clear d/d ,please can someone advise .

[labman]

Re: Marstons And Tv Licence

Hi,
Please don't panic, there is a way forward, and as usual the bailiff is lying to you. If you have the bailiff's details you should complain about him following his company's complaints procedure.

Meanwhile in order to sort yourself out, you should contact the Fines Office (ask them to put you through to it), tell them you cannot pay, and arrange for a means hearing. In this you simply complete a simple Income and Expenditure sheet so that the Magistrates can agree an affordable repayment level. This can be taken directly from your benefit at a maximum rate of £5.00 per week.

You should tell the bailiff you are doing this and ask the court to postpone enforcement action pending the result of the means hearing.

[littlelucy45]

Re: Marstons And Tv Licence

i was advised by CAG to go into my magistrates court which i did last week to see either the fines officer or court manager where i was told court manager was not in and that they have no fines officer,nearest one is southend .had already completed a income and expenditure form but as i couldnt see anyone i still have it here at home ,reading through a couple of posts could i write to the courts explaining my position , im not saying i wont pay but cant pay the amount the baillifs want . also when i did phone the fines officer at southend they said that as the debt was with marstons i had to speak to them ,who then told me to call the bailliff ,who was really nasty , should i cancel d/d due out thursday as there wont be funds in to clear it .

[charitynjw]

Re: Marstons And Tv Licence

Did the bailiff enter your house & complete a walking possession? (ie, levy on your possessions).

[littlelucy45]

Re: Marstons And Tv Licence

he came into the hall but no levy or signed anything at all.just threats

[labman]

Re: Marstons And Tv Licence

What you have been told makes sense. I will post further at about 6.30pm ish.

[littlelucy45]

Re: Marstons And Tv Licence

ok thank you

[labman]

Re: Marstons And Tv Licence

Apologies for the delay. The reason I suspect you have been given that advice is that in a Magistrates' Court there is a strict order in which things are done. This is the start of that procedure:

1. After you have been fined, you will be sent notice of the fine and the repayment rate, if one has been set.
2. If payments are not made, or payments are missed, you will be sent a reminder.
3. If you do not bring your repayments up to date, a court hearing will be arranged and you will be told the date.
4. If you do not attend the hearing, it is likely that a warrant will be issued for your arrest (with or without bail), and you will be brought back before the court. These are normally executed by Private Bailiffs. (Read more you'll be called back before the court, than the arresting bit - don't panic!)

Further in the process it states:


If a Warrant has been issued, you must pay this. If you cannot pay, you should contact the Fines Office of the Court to arrange for a Means Enquiry Hearing. In this, you simply complete an Income and Expenditure sheet in order that the Magistrates can agree an affordable repayment level.



It is critical that you are able to sustain this payment in the long term. Obviously it is in your interest to arrange this hearing as soon as possible. If you are in receipt of certain benefits, you can apply to have the fine paid directly from these at the rate of £5.00 per week.



I am wondering if this process has to be followed before you can apply for the means hearing. I do not know, and it seems foolish this should be the case. However, I know the procedure is important, and this may explain why you are receiving the advice you are - you're simply not at the right stage yet to be able to apply for a means hearing.



This is my best 'guess' I'm afraid, but you definitely need to apply for that means hearing as soon as you possibly can.

[littlelucy45]

Re: Marstons And Tv Licence

i did recieve a steps notice and then a letter from marstons and then the first visit on the 14th feb where the bailliff came into my hallway , no levy was made and no forms signed ,he just told me what payments he wanted . ive tried phoning the courts to get a means tested hearing and again been into courts but as i said the guy on reception just gave me a number to ring for the fines office who said that as the debt is with bailliff i have to contact them direct . ive cancelled d/d as money is due out on thursday and havent money in there to cover it,so was wondering if i should write to the courts and explain that i want to pay but not the amount baillif wants ,also contact marstons that im doing this .

[labman]

Re: Marstons And Tv Licence

That's why I suggested you ask to be put through to the fines office. Don't answer this if you don't want to, but what court is it you're trying to find the number for?

[littlelucy45]

Re: Marstons And Tv Licence

its colchester magistrates that issued the fine

[littlelucy45]

Re: Marstons And Tv Licence

as ive cancelled the d/d ,im going to try and use marstons online system to start paying £20 a week until it gets taken back to court ,failing that i will send a P/o to them so that the courts will see ive been paying ,also is there a template i can send to marstons saying that i cant afford xxx amount but am willing to pay £20 per week also should i write to the courts?

[labman]

Re: Marstons And Tv Licence

I have managed to obtain the direct line number for the Fines Office for you. The number you need is 01502 501060. If you phone them and emphasise that it is not a case that you won't pay, it's a case that you can't pay and need a Means Enquiry Hearing, they should help. Try to record the call, tell the person you're recording it, and if they mess you about, ask, "I have stated quite clearly I want to pay my fine, I simply cannot afford to. I believe I have a right to a Means Enquiry Hearing - are you refusing me this right?" See what happens.
If he still messes, ask for his/her name, position and a copy of their Complaints Procedure.

Hope this helps.

[littlelucy45]

Re: Marstons And Tv Licence

thank you so much will do that now , lets hope i dont get fobbed off with talk to the baillif , shall get onto this right away and will post back and thanks again for your help labman

[littlelucy45]

Re: Marstons And Tv Licence

had to have the call go through to southend after ages going through the options and spoke to a woman that i had \spoken to twice before , explained again my position and then when she started raising her voice i politely told her i was recording the call and that i believe i had a right to a means enquiry hearing she said that no i wasnt and again i said i believe i do ,and she said again no and what makes you think that ,i said it was something i had read about on a forum and she then said i need to go back to my source and get the right information pmsl , i then went on to say ,are you trying to stop me making a payment i can afford she then said those dreaded words , speak to your bailiff and that its down to him to ask for a means enquiry hearing , was fuming with steam coming out my ears and forgot to ask name /position could kick myself for forgetting, was now just thinking of emailing marstons explaining that i cant pay the amount asked for but would pay £20 a week , need to stop them adding on more fees now