Bailiffs and no knowledge of debt/court hearing

[legalese]

Re: Bailiffs and no knowledge of debt/court hearing

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

Check OP post again davyb and it might just work for you.

[legalese]

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.

Can you see that davyb, the basis of a contract with the TV man and now a bailiff. No warrant shown or any other paperwork only the courts response. sinking in now davyb of whats happening.

[legalese]

Re: Bailiffs and no knowledge of debt/court hearing

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?

Has it sank in yet davyb or do you want to send Tanyamel on a journey of acts.

[Guest]

Re: Bailiffs and no knowledge of debt/court hearing

Can you see that davyb, the basis of a contract with the TV man and now a bailiff. No warrant shown or any other paperwork only the courts response. sinking in now davyb of whats happening.

But there has been a warrant issued, unless you think the bailiff is operating on a whim.

This is not an unusual case unfortunately.

Replying only to the OP now

D

[legalese]

Re: Bailiffs and no knowledge of debt/court hearing

Now if you keep watching you might just learn something of what is happening here and the outcome of all this, stand by.

[legalese]

Re: Bailiffs and no knowledge of debt/court hearing

But there has been a warrant issued, unless you think the bailiff is operating on a whim.

This is not an unusual case unfortunately.

Replying only to the OP now

D

Oh yes that warrant, scary isnt it davyb

[pepsie]

Re: Bailiffs and no knowledge of debt/court hearing

"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."

This suggest to me the 'payment plan' was adhered to and the OP owes nothing to the alleged debt having satisfied it, albeit from the new address.???????????

Pepsie

[legalese]

Re: Bailiffs and no knowledge of debt/court hearing

Exactly pepsi, hence the courts do not want to communicate and the bailiff, well he just wants cash. passing the buck....to be continued

[ploddertom]

Re: Bailiffs and no knowledge of debt/court hearing

Have you confirmed what address the fine against you was sent to? I suspect strongly that any notification went to your old address and of course you would have no knowledge of this. Did you receive a Further Steps Notice from the Court before Marstons turned up? Have you asked the Bailiff where you can see a copy of the Warrant he has?

[pepsie]

Re: Bailiffs and no knowledge of debt/court hearing


Pehaps the OP needs to remind them:

Magistrates’ Courts Act 1980, s 142
(1) A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so, and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.

[hantsman]

Re: Bailiffs and no knowledge of debt/court hearing

I'm not judging the OP far from it, I don't think we have the full facts here.

It sounds as if she has been prosecuted in a local mags court for no TV licence, fined and then/or moved address.

[Guest]

Re: Bailiffs and no knowledge of debt/court hearing

Yes apparently there is a lot of it about.

What i am not clear on is if the op contests the offense or admits it and is only questioning the service of the fine.

It seems the court refused the SD, the reason being that she "missed payments" does this mean a payment arrangement's had already been made on the fine?

D

[pepsie]

Re: Bailiffs and no knowledge of debt/court hearing

I think the argument has to be there was no breach to any alleged payment plan...the licence was paid in accordance with the terms of this 'arrangement' and on completion of the final payment any liability went out the window??

It would be good if the OP could fill in a few of the blanks raised by others

Pepsie

[Guest]

Re: Bailiffs and no knowledge of debt/court hearing

If this is the case, I wonder why the SD was declined ?

This would have given them the opportunity to re-examine the alleged breach.

Yes we need more clarification.

D

[bluebottle]

Re: Bailiffs and no knowledge of debt/court hearing

When you take into account who runs TV Licensing - Capita Cock-Ups Inc. - is it any surprise what has happened has happened? From what I have read, there is, in my considered judgement, no case to answer against the OP. Any proceedings that were brought were, by their very nature, erroneous and invalid. The OP needs to consult with a solicitor to sort this mess out. There is a cause of action against Capita, under civil law, for Malicious Prosecution. The HMCTS Regional Manager for the OP's area needs to be put in the picture as to what has happened and asked to intervene.