Please help ! Marston bailiffs

[shelly1]

Hi ,
i have had a bailiff from marston at my door this morning , they are threatining to come back with a locksmith to gain entry. Can they do this?
It relates to non-payment of a court fine for no tv licence.

[bluebottle]

Re: Please help ! Marston bailiffs

In order to make a forcible entry to your home, a certificated bailiff needs an order signed by a judge or to have made a peaceable entry on a previous occasion. Also, no reputable locksmith (especially members of the Master Locksmiths Association) will break a lock for a certificated bailiff without first seeing a valid court order. Also, the police will not allow it without first seeing a valid court order. How long have you known about the fine? There are other LB members who are more familiar with this sort of thing than I am and I am sure one will be along soon.

In the meantime, take a look at the Sticky on Magistrates Courts Fines in the Bailiff Issues section.

[shelly1]

Re: Please help ! Marston bailiffs

Thanks for replying , i have read thorough the stuff on bailiffs and court fines but there is a part that says they are entitled to gain entry as it is a majistrates fine.
I was fined £230 by the courts and was paying it monthly but changed bank accounts and forgot about it (stupid and no excuse i know) , heard nothing untill bailiff letters started coming and with their charges added brought debt upto £510.

[bluebottle]

Re: Please help ! Marston bailiffs

You should have been sent a Further Steps Notice before Marstons got involved and unless you have received this, someone at the court hasn't been doing they job as they should. You need to get in touch with the court who imposed the fine straight away and sort things out with them directly. Stress that no Further Steps Notice was received or any other correspondence. The person you need to speak to is the Court Manager. If you go onto the Ministry of Justice website, there are lists there of court contact names and telephone numbers for most courts in England and Wales. You need to treat this as a matter of urgency.

[shelly1]

Re: Please help ! Marston bailiffs

spoke to court, they said i recieved this last year , i have had a lot of problems in the past year or so and dont remember seeing it but must have done. courts said nothing they can do now its with the bailiffs.

[pepsie]

Re: Please help ! Marston bailiffs

Do you know exactly what amount is outstanding to the fine exclusive of bailiff fees?

Pepsie

[shelly1]

Re: Please help ! Marston bailiffs

YES, £ 457

[shelly1]

Re: Please help ! Marston bailiffs

Sorry that was with fees from bailiff, and they are saying they will add another £200 for the locksmith who is coming tomorrow unless i pay them £157 and £100 a week after that.

[pepsie]

Re: Please help ! Marston bailiffs

YES, £ 457

"I was fined £230 by the courts and was paying it monthly but changed bank accounts and forgot about it"

How of this have you paid? I dont understand as you say the fine outstanding (exclusive of bailiff fee) is now £??? can I ask what the fine was for tv licence, motoring parking etc.?

Pepsie

[shelly1]

Re: Please help ! Marston bailiffs

fine was for non- payment of TV licence, sorry dont have exact figures with me , im at work.

[shelly1]

Re: Please help ! Marston bailiffs

i am really worried now from reading different threads seems they do have the power to gain entry with a locksmith.

[pepsie]

Re: Please help ! Marston bailiffs

You are a long way away from that happening, I would suggest you go down to your local court armed with an I&E and ask for a means tested hearing before the magistrates, if you are denied this then offer for payment a minimum of the former agreed payment to the Court. If that payment is again refused, speak with the Court Manager and ask why do they insist on refusing to accept your payment to the fine? tell them you have evidence to not being able to afford to pay in full but are looking to an affordable and sustainable repayment plan. if you are again sent packing contact your MP and ask him/her to explain the 'blood out of a stone ' idiom?

The bailiff will have to ask for a warrant to break into your home with or without a locksmith and that will get you summoned back to Court to give an explanation why the fine remains unpaid and you then to speak up and have the means tested hearing you asked for at the outset....

Do in the meanwhile make sure you set aside the amount you agreed to pay each month and when you get the hearing offer to pay what you have saved and then go for an affordable repayment plan to the balance,


Pepsie

[shelly1]

Re: Please help ! Marston bailiffs

thanks , i did ring the court and asked for a means enquiry hearing but they said its gone beyond that now as its upto the bailiffs , they also said the bailiff does have the power to enter with a locksmith as they have a distress warrant .

[pepsie]

Re: Please help ! Marston bailiffs

thanks , i did ring the court and asked for a means enquiry hearing but they said its gone beyond that now as its upto the bailiffs , they also said the bailiff does have the power to enter with a locksmith as they have a distress warrant .

yes they have a distress warrant ...but that is not a warrant to forced entry, to get that they must apply before the magistrates and then as in my earlier post you get the bloody means enquiry you asked for in the first place!!!
pepsie

[ploddertom]

Re: Please help ! Marston bailiffs

Are you on any benefits? Do you have a young family? Are you a single parent? Are you unemployed? is anyone in the household long term sick or disabled?