marstons coming tomorrow........

[mell77]

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

my mp has sent me back an email and said someone from his office is going to call me in the morning, do i let this git in or not? do i risk making him wait untill i get this sorted? will he already have the signed warrant to break in or is that seperate that he needs to do? im hoping the court will have the letter from welfare rights tomorrow, but im not sure what they will do as they aslo lie x

[mell77]

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

The Process

On receiving a warrant, we send a letter to the debtor explaining that the debt has been passed to Marston Group for collection and inviting payment with seven days. The fee for sending this letter (£11.20 + VAT) is added to the debt outstanding to be paid by the debtor.If no payment is received or contact made, the case is assigned to an enforcement agent (bailiff) who, in order to execute the warrant, will Attend the property to Remove Goods (Attendance to Remove - ATR) to the value of the debt and outstanding fees and charges. This action will incur a levy (visit) fee and an ATR charge - whether goods are removed or not.If no contact is made, the enforcement agent (bailiff) will leave a letter to say he/she has called, with details of the outstanding amount (including the fees and charges incurred on that visit) and a contact number.

[mell77]

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

This is on there website, my first letter had £85 added to it not the £11.20 +vat????

[bluebottle]

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

This is on there website, my first letter had £85 added to it not the £11.20 +vat????

Marstons aren't exactly known for being truthful. Contact the court and ask what fees HMCTS has authorised Marstons to charge. If they refuse to say or try the "You'll have to speak to the bailiffs" nonsense, escalate it to the Ministry of Justice. Their email address is general.queries@justice.gsi.gov.uk.

The letter you refer to, was this sent with the fine and payment details or when you missed payments? It is important we get this straight as it could mean the court has, potentially, broken the law.

[mell77]

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

The only letters I have are one off the court with fine on and payment details, the next is marstons with fine on pluss there 85 the last was shoved through door with a total amount for £370 these are the only letters I have reguarding this x

[mell77]

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

I recieved the first letter from marstons after missing payments, I did phone the tv license to sort it out but they wanted 24 a week to sort it but I ended up in hospital, and when I called back they said nothing they can do as I was given a chance and now it's with bailiffs x

[CleverClogs]

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

Then the court has not followed the correct procedure.

[bluebottle]

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

Then the court has not followed the correct procedure.

I totally agree with you, CC.

Mell,

The court has not sent you a Further Steps Notice. They are required to send you this before instructing bailiffs. In a nutshell, the court has broken the law. You need to speak to the court manager today and ask for this matter to go back to court. Don't take any BS from the court manager and force them to prove any claims they may make that the Further Steps Notice was sent to you. Marstons need to be told the court has not followed correct procedures by not sending a Further Steps Notice. If they try to kid you otherwise, which they will, they need to be told that it would amount to Irregular Distress if they attempted to execute a potentially invalid warrant. Marstons should know what the term Irregular Distress means. Unless the court can explain their failure to comply with the law, under no circumstances should you allow Marstons anywhere near your home and nor should they come anywhere near your home if they know the correct procedures have not been followed, though, they will try and get away with it if they can. So, under no circumstances let them in. I am a retired policeman and have had to deal with the more violent elements in the civil enforcement industry. Believe me, telling lies is in their DNA.

[ploddertom]

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

The Process

On receiving a warrant, we send a letter to the debtor explaining that the debt has been passed to Marston Group for collection and inviting payment with seven days. The fee for sending this letter (£11.20 + VAT) is added to the debt outstanding to be paid by the debtor.If no payment is received or contact made, the case is assigned to an enforcement agent (bailiff) who, in order to execute the warrant, will Attend the property to Remove Goods (Attendance to Remove - ATR) to the value of the debt and outstanding fees and charges. This action will incur a levy (visit) fee and an ATR charge - whether goods are removed or not.If no contact is made, the enforcement agent (bailiff) will leave a letter to say he/she has called, with details of the outstanding amount (including the fees and charges incurred on that visit) and a contact number.

This is for something else and not for Magistrate Court Fines.

It would appear you say you received a letter from the Court (Post 30), and this may be the Further Steps Notice. If ignored you find yourself where you are now.

As for Powers of Entry. The Warrant the Bailiff has is a Distress Warrant which empowers him to seize your goods anywhere within Englan & Wales. To gain entry to your home however he must gain peacefuk entry either by you allowing him in or by him entering through an unlocked door or window. A provision was made whereby entry could be forced for refusal of entry where the Bailiff could then use the services of a locksmith. This was more aimed at those "professional criminals" who had racked up many fines and just laughed at the Bailiff when he attended.

To actually to what he threatens he must as Bluebottle says have an Order from the Magistrates allowing him to do so, his Distress Warrant on its own is not sufficient. Many Police Officers do not have a clue about the rights and wrongs of Bailiffs and in actual fact should only attend to prevent ba Breach of the Peace by either yourself or the Bailiff. The Bailiff however makes it sound as if he is an Officer of the Court - which he is not - and seeks assistance to gain entry. Should this happen your recourse may be to sue for trespass against the Bailiff but both he & the Police could also be comitting a criminal offence.

[bluebottle]

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

This is for something else and not for Magistrate Court Fines.

It would appear you say you received a letter from the Court (Post 30), and this may be the Further Steps Notice. If ignored you find yourself where you are now.

As for Powers of Entry. The Warrant the Bailiff has is a Distress Warrant which empowers him to seize your goods anywhere within Englan & Wales. To gain entry to your home however he must gain peacefuk entry either by you allowing him in or by him entering through an unlocked door or window. A provision was made whereby entry could be forced for refusal of entry where the Bailiff could then use the services of a locksmith. This was more aimed at those "professional criminals" who had racked up many fines and just laughed at the Bailiff when he attended.

To actually to what he threatens he must as Bluebottle says have an Order from the Magistrates allowing him to do so, his Distress Warrant on its own is not sufficient. Many Police Officers do not have a clue about the rights and wrongs of Bailiffs and in actual fact should only attend to prevent ba Breach of the Peace by either yourself or the Bailiff. The Bailiff however makes it sound as if he is an Officer of the Court - which he is not - and seeks assistance to gain entry. Should this happen your recourse may be to sue for trespass against the Bailiff but both he & the Police could also be comitting a criminal offence.

Burglary Artifice on the part of the bailiff and Aiding and Abetting Burglary Artifice on the part of any police officers assisting a bailiff to gain entry in contravention of a distress warrant. Some police forces are more clued-up than others. Sadly, the number of clued-up police forces can be counted on the fingers of one hand.

[ploddertom]

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

One thing I forgot to mention earlier is that at present you would not be seen to fall into the vulnerable category, however if your op has not worked and leaves you with certain "weaknesses" then this situation could change at a later date.

What to do now - I hear you ask.
The Bailiff works on bullying and intimidation and hopes you will believe what he says. You can play him at his own game if you dare and refuse him entry. He will eventually return the Warrant back to Court where you will be summonsed to explain why you have not paid. No Bailiff fees are payable in this instance.
You can allow him entry and take your chance he will levy on exempt goods making his levy unlawful.
You can pay - but only if you can afford it.
You can pay in instalments - I appreciate he says you can't but remind him you know that Marstons are allowed to accept payments over a 6 month period - the reason he doesn't want this is because he doesn't get paid till payment is made in full.

You have of course checked to see if he suitably Certificated.

[Hurricane Puffrose]

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

PT, if the OP were to pay the full amount to the court on friday, would the baillifs costs be applicable?

just out of interest

[bluebottle]

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

The Muppets from Marstons have had some very serious complaints made against them and their bailiffs to the OFT and MoJ lately, which makes me wonder if Marstons, like Equita, have hit the self-destruct button. I feel that, in this case, the OP would be justified in making a formal complaint against Marstons and the court involved.

In order to facilitate a complaint, the following should be pursued -

MARSTONS

A formal complaint needs to be sent to the OFT's Credit Fitness Team at enquiries@oft.gsi.gov.uk, inserting the words CREDIT FITNESS in the subject box. The following details need to be quoted -

Company Name: Marston Group Ltd
Company Reg. No.: 2512508

Give a clear and concise resume of your complaint.

COURT

To make a formal complaint, you should complain to the court manager in the first instance. If this doesn't resolve the matter, you should escalate the matter to the Ministry of Justice, who are responsible for H.M. Courts and Tribunals Service (HMCTS). I am attaching Forms EX343 and EX343A which facilitates this. However, if all else fails, writing to the Secretary and Minister of State and the Permanent Secretary may be a better way of achieving resolution. The details for this are -

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]
Sir Suma Chakrabarti KCB (Permanent Secretary)

The postal address for the Ministry of Justice is -

102 Petty France
London
SW1H 9AJ

I am attaching a copy of the National Standards for Enforcement Agents and OFT Debt Collection Guidelines for your information.

[ploddertom]

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

PT, if the OP were to pay the full amount to the court on friday, would the baillifs costs be applicable?

just out of interest

That is an awkward one. The chances are the Court will refuse payment if presented in person and I believe online access is restricted. The other anomaly of course is one that has reared its head and caused much discussion both here and elsewhere - that is the fact that the agreement on fees is between the Court Service & Bailiffs.

[mell77]

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

thankyou for all your help on this matter, i called the court once again this morning and asked about paying the £70 fine and could they still persue with the warrant they still have, they said yes, and i also asked about the final notice steps a i have not had one and she said i have had one that was sent out on the 16th may, which means i missed 4 payments whilst on hols and in hospital, i told her i never recieved it and i didnt even know what one was untill yesterday, she assured me one was sent as there automaticly generated and if i didnt recieve it then it wa my problem? anyway i waited in untill 1pm and nothing i have had the local mp email them and also the welfare rights email them thismorning, i then decided to go to my sisters and stay there untill gone 8pm and to my amaizment when i got in there was not letter put through?? so looks like they didnt even come, so what to do now, im hoping that the emails worked and hopfully they pass it back to the court, fingers crossed xx