Bailiffs and no knowledge of debt/court hearing

**legalese** · 17th August 2012, 14:29:PM

Re: Bailiffs and no knowledge of debt/court hearing

The most important thing here to all except yourself is £725, DO NOT COMMUNICATE WITH THEM, NONE OF THEM.

**Guest** · 17th August 2012, 14:39:PM

Re: Bailiffs and no knowledge of debt/court hearing

Originally posted by Tanyamel View Post

Hi people.

I am hoping someone can give me any advice at all on how to deal with Marston Group bailiffs. I received a letter from them which said I had a debt of £725 but did not tell me what for. There was no contact details at all just that I had to pay them this money in 10 days. After lots of googling I found a number and the phone operator said the debt was for TV licence at an old address. That she could not discuss case would not except a payment plan. Of course I said I had no knowledge of debt and she said consult CAB.

I sent a letter then to the court in a town I had not lived in for a year and asked for a copy of the warrant or details on the court case because I was unaware that I had a summons or a debt. I was never served due to being in another county! I also wrote to the TV licence complaints company expressing my view that they were charging me a fine for an address I did not live at. Their reply was it was out of their hands and I should seek a Statutory Declaration from the court.

The court denied me a Statutory Declaration with the excuse I had defaulted on payments. I sent them copies of my TV licences and my proof of address change. I was told not to contact them again they can not deal with my request and deal with Marston from now on. Who won`t cooperate at all!

So I am stuck with a huge bill that I should not have to pay and can not do anything about, but wait until the van man arrives to take my goods that will probably not even come to value of £725.

I feel seriously cheated by the justice system and I can not afford to seek professional advice. I see have yet to see any paper work from teh court other than the letter refusing my SD.

Anyone have any ideas how I can protect my goods?

Hi
Do you have concurrent licences for the period in your name?

What do the court mean when they say you missed payments?

D

**legalese** · 17th August 2012, 14:42:PM

Re: Bailiffs and no knowledge of debt/court hearing

Tanymel,
Do you remember the TV investigator coming round to your home?
Did he enter your home to witness you have a TV?
Had you purchased a TV anytime of that date?

**Guest** · 17th August 2012, 15:12:PM

Re: Bailiffs and no knowledge of debt/court hearing

Originally posted by legalese View Post

The most important thing here to all except yourself is £725, DO NOT COMMUNICATE WITH THEM, NONE OF THEM.

Is it a good idea to ignore a magistrates court fine ?

D

**bluebottle** · 17th August 2012, 22:18:PM

Re: Bailiffs and no knowledge of debt/court hearing

What the local court is saying, in effect is "We've ****ed-up, we know we've ****ed-up, but please pay the fine anyway." The best person to contact is the HMCTS Regional Manager for your area.

**Tanyamel** · 18th August 2012, 09:55:AM

Re: Bailiffs and no knowledge of debt/court hearing

Thank you all for replies.

I did have a TV man at my door last April after I was 1 month out of TV licence at my old address. I did set up a payment plan that went out of my bank direct debit each month and I did let him see our TV etc. However we moved house in May the same year and transferred the TV licence over to our new address and paid the remainder in full do it was done and dusted. We never heard a dicky bird until this Marston letter.

We do have a copy of that licence which I sent a copy of to both the TV licence company and the court when I received the bailiff letter about a fortnight ago. Frankly they did not want to know. As I said the TV company said it was out of their hands and who were they to dispute the court. The court said I had defaulted on payments so was not allowed a statutory Declaration and told me to deal with Marston the Bailiffs who want the whole amount and no payment plan was allowed. Who has £725 spare cash? It is ridiculous.
I still do not see how this is a big issue as I paid what I owed and had proof, yet because it all went on with out my knowledge I could not react quicker. As said I have never to date seen a court letter other than refusal of a SD. Even Marstons letter does not state what the debt is for on any paper work and I had to do the leg work to find out. I personally do not feel happy arguing with the court as far as they are concerned I have to pay up.

I do feel a little shell shocked that all this happened with out me being able to stand my corner before it all got this far. A bit hard when I live over 3 counties away. Most of our furniture is second hand as we lost everything on the ground floor due to flooding in the area that came up to the letter box. We do not have much and it certainly does not add up to £725. We are still rebuilding our lives after this. So I am not that bothered about furniture etc. I am more concerned about my husbands car and some precious ornaments and pictures that are heirlooms, they are not exactly small enough to hide. That and the point of the matter. I take full responsibility that I failed to have a licence for a month and got caught at the door. But I paid and have never before or since been without one. This licence we paid up was valid until May 2012 and our new one is 2013.

I do not understand what the complaint is over as the TV company got their money early. I provided proof which the CAB said was in my favor.

I have excepted that I do have to pay and that the court won`t readdress this, I just want to make sure I can protect what goods I have and most importantly my husbands car does not get taken away as he needs it for work. It is his and not in my name which the Marston letter is. I just know Marston has a bad reputation for being forceful.

**legalese** · 18th August 2012, 10:27:AM

Re: Bailiffs and no knowledge of debt/court hearing

You see whats happened here is the TV man came got you to set up a payment plan and by doing so created a contract with you, you also let him in to see the evidence of a TV again consenting with him, now this. Which court dealt with this?

**Guest** · 18th August 2012, 10:37:AM

Re: Bailiffs and no knowledge of debt/court hearing

Hi

I am a little confused about this, my fault i am sure.
Are you saying that you do not owe this money and therefore the fine or that you owe it but you cannot afford to pay it.

If you do not owe it the court should have been made aware of the fact by the SD, you say they rejected this, did they give a reason, you say that the CAB were involved did they give an opinion that you could present with the presentation to the court.

If you do owe the fine but cannot afford to pay you should contact the fines officer at the magistrates court and ask for a means inquiry hearing, they should give you a date which you can report to the bailiff.

D

**Guest** · 18th August 2012, 11:00:AM

Re: Bailiffs and no knowledge of debt/court hearing

Hi Again

It is an an idea to have a look at the sticky on here regarding magistrates courts fines and also have a look at this thread

http://www.legalbeagles.info/forums/...ons-TV-Licence

D

**legalese** · 18th August 2012, 11:06:AM

Re: Bailiffs and no knowledge of debt/court hearing

Morning davyb, the money is owed as there is a contract in place

nothing confusing about that my dear friend.

**Guest** · 18th August 2012, 11:09:AM

Re: Bailiffs and no knowledge of debt/court hearing

Here ia the link to the bailiff thread on here

http://www.legalbeagles.info/forums/...s-Courts-Fines

D

**Guest** · 18th August 2012, 11:13:AM

Re: Bailiffs and no knowledge of debt/court hearing

Originally posted by legalese View Post

Morning davyb, the money is owed as there is a contract in place

nothing confusing about that my dear friend.

If the license was paid then the fine would be invalid, so there would be no money owed.

and i am not your dear friend.

D

**legalese** · 18th August 2012, 11:15:AM

Re: Bailiffs and no knowledge of debt/court hearing

Yes davyb courts have got involved as the TV company and Tanyamel have a contract which has not been honoured therefore the TV company took Tanyamel through the courts as Tanyamel consented to the TV company in which the contract was established. The bailiff we need to sort out now so we need futher info about this. Lovely day today davyb but cloudy but nice.

**Guest** · 18th August 2012, 11:17:AM

Re: Bailiffs and no knowledge of debt/court hearing

Originally posted by legalese View Post

Yes davyb courts have got involved as the TV company and Tanyamel have a contract which has not been honoured therefore the TV company took Tanyamel through the courts as Tanyamel consented to the TV company in which the contract was established. The bailiff we need to sort out now so we need futher info about this. Lovely day today davyb but cloudy but nice.

Could you confine your comments to helping the OP do you think?

D

Bailiffs and no knowledge of debt/court hearing

Bailiffs and no knowledge of debt/court hearing

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