marstons coming tomorrow........

[mell77]

Re: marstons coming tomorrow........

i have also spoke to citizens advice and they said the same, that because its a distress warrant and they have it through the court i have no choice but to let him in, so all in all, (the welfare rights/the courts/and the citizens advice say the same, Arrrgghhhhh.
i have been told if it was for council tax then i dont have to let him in, but because its for the magistrates fine i do?
if i dont let him in then i have been told he is well within his rights to get the police and locksmiths because of the warrant coming from the court, i told the officer at the court that im a vonrable person and about my spine op 4 weeks ago but they can not do a thing and they assured me that he can and will enter my property x

[CleverClogs]

Re: marstons coming tomorrow........

im going to call the courts again now, its very frustating as they didnt want to know, thanks for your help hun, also anyone else that can help on this forum plzz plzz do so xx

You need to speak to the Fines Officer.

[CleverClogs]

Re: marstons coming tomorrow........

i have also spoke to citizens advice and they said the same, that because its a distress warrant and they have it through the court i have no choice but to let him in, so all in all, (the welfare rights/the courts/and the citizens advice say the same, Arrrgghhhhh.
i have been told if it was for council tax then i dont have to let him in, but because its for the magistrates fine i do?
if i dont let him in then i have been told he is well within his rights to get the police and locksmiths because of the warrant coming from the court, i told the officer at the court that im a vonrable person and about my spine op 4 weeks ago but they can not do a thing and they assured me that he can and will enter my property x

Yes, they do have the power of forced entry, but it is rarely used other than as a threat.

What they won't like is any risk of being on YouTube or being written up in the local newspaper, especially as you would be considered 'vulnerable'.

As for the officer of the court threatening a vulnerable person in that way, that should be reported to:

1. Ministry of Justice
2. your MP

[bluebottle]

Re: marstons coming tomorrow........

Details for reporting your local courts staff -

Ministry of Justice
102 Petty France
SW1H 9AJ

Send communications to -

Rt Hon Kenneth Clarke PC QC MP (Lord Chancellor & Secretary of State)
Rt Hon Jonathan Djanogly MP (Minister of State)[Portfolio includes HMCTS and bailiffs]

Email: general.queries@justice.gsi.gov.uk

[CleverClogs]

Re: marstons coming tomorrow........

Find your MP here ---> link

[mell77]

Re: marstons coming tomorrow........

i have just emailed reporting the court staff and also have just sent an email to my local councillor, so do i let him in??? or do i get a copy of medical cert and give it him through the letter box? im so worried hes going to break in. or do i let him in and prove i dont have the goods worth taking?? and try and set up payment arrangements untill i can prove im in a position of vulnerability??

[mell77]

Re: marstons coming tomorrow........

if i pay the origional £70 fine that was outstanding to the court would that get the bailiff off my back? also the £300 fees they have added how do i have to pay them?

[bluebottle]

Re: marstons coming tomorrow........

If you pay the fine directly to the court, that is the end of it. If The Muppets from Marstons have not attended your home, they cannot charge any fees, other than for sending a letter, if that. Usually, with court fines, enforcement costs are incorporated into the fine. If there is a facility for paying your fine over the telephone or online and you can afford it, do it tonight and get a payment reference. Then email The Muppets from Marstons and tell them. They will scream, stamp, shout and make all manner of threats, but there is bugger-all they can do if you pay the fine, in full, directly to the court.

[mell77]

Re: marstons coming tomorrow........

well he is coming tomorrow but i dont want to let him in, do i not answer the door and wait till he goes away? also i get my sick pay on friday so it would be then when i can pay, what happens to the £300 they added and also there going to add more tomorrow arnt they x

[mell77]

Re: marstons coming tomorrow........

sorry, they added £85 with the first letter from marstons and then added £200 for the scruffy piece of paper pushed through my door to say they are coming for my goods. i only owed £70

[mell77]

Re: marstons coming tomorrow........

i have just found he scruffy letter that was posted and it says
DUE TO- h.m.c.s mic
FEES INCURRED TODAY-£ he has left blank
AMONT TO BE PAID IMMEDIATELY -£370.00
and the funny bit
"if you are unable to pay in full it is imperative you contact me immediately"
it also says "due to none payment we have attended your property", i have not even been given a chance to pay.

[bluebottle]

Re: marstons coming tomorrow........

What we need to know, Mell, is have you received a Further Steps Notice? It is very important we know this. If you haven't received this notice, HMCTS may well be acting outside the law and so may Marstons.

[mell77]

Re: marstons coming tomorrow........

nope only had the first letter about the attending or not attending court about the fine, then i got the fine with the sum and payment arrangements, then i missed some then got letter from marstons saying i need to pay and no further reminders will be sent, then the one through my door, i did call the tv licence people when i first got back off hols when i slipped my disc and they said if i paid £24 a week then that would be fine, they knew i was off work, it was then within 4 days i was back in hospital having my op so didnt manage to pay, hence being sent to marstons. i have never been given a chance to pay nor have i been given a chance to go back to court to pleed my case x

[bluebottle]

Re: marstons coming tomorrow........

So, let us get this clear, Mell. You had a letter from the court saying you didn't attend the court. Is there any reason why you didn't attend? If it is because you were ill and the court are unaware of that, it should go back to court. You then say you had a letter giving details of the fine and payment arrangements. You missed some payments, but heard nothing further until The Muppets from Marstons started pushing love notes through your door. If you can confirm what I have stated is correct and you haven't received a Further Steps Notice, which the court MUST send you before instructing bailiffs, the court has not complied with the law and you are entitled to have your case referred back to the court. What you were told by the court staff is wrong. Contact the Court Manager and find out why you did not receive a Further Steps Notice. If you were ill on the date of the hearing, you should tell them this. Don't take any BS about them not being able to do anything as it's with the bailiffs. It sounds very much that the court staff have failed to comply with legal procedures. If they say they sent a Further Steps Notice, ask them on what date they sent it to you.

There are LB members who have more experience of this situation that I do. Hopefully, one will be along soon and correct me if I have stated anything that is incorrect.

[mell77]

Re: marstons coming tomorrow........

thanks hun, no i didnt have to attend the court hearing, they said they could do it in my absence and the fine was £35
the victim sur was £15
costs was £60
total £110
i had £70 left to pay
on my letter from the court it says
"failure to pay as ordered will make me liable for further enforcment, this includes-
1,deductions from my wage
2,increasing the fine 50%
3,clamping
4,registering the account in the register of jugements(affecting abillity to obtain credit)
5,a distress warrant being issued
6, continued default-imprisonment